[Michlib-l] TAB Volunteers and YESA

Wed Apr 30 15:09:57 EDT 2025

Thank you for the clarification, Clare!  A lot to digest and implement
going forward, but I am so very glad to finally understand the law.

On Wed, Apr 30, 2025 at 2:59 PM Membiela, Clare (MDE) <
MembielaC at michigan.gov> wrote:

> Hello:
>
>
>
> If the minor volunteering is under the direction, supervision of the
> library (ie the library is supervising, determining what they do, and
> certifying the hours), yes.
>
>
>
> All minors aged 14-17 have required work permits for volunteering or
> working for some time. It doesn’t matter if the requirement is for school,
> a religious, or a civic group like scouts – if the library supervises and
> manages and directs the minor(s), and/ or verifies the hours as a volunteer
> for the library, the student must have a work permit, and the library must
> comply with the hours and noticing provisions of the act below.
>
>
>
> There are some exceptions, but the exceptions are very situational and
> rarely apply to a library. A scout group volunteering at the library as a
> group (say, raking leaves) and under the supervision, direction and control
> of a scout leader (not a library staff member) may be exempted – but a
> library will want to consult their attorney because noncompliance can
> create problems for the library- and penalties.
>
>
>
> For more information on obtaining work permits for minors (applicable
> UNTIL October 2026)
>
>
> https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/work-permits
>
> For information on the amended hours and requirements currently in effect
> as of 4/2/2025
>
> https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-90-of-1978
>
>
>
> An infosheet on this topic is pending.
>
>
>
> Thanks!
>
> Clare
>
>
>
> Clare D. Membiela, MLS, J.D.
>
> Library Law Consultant
>
> Library of Michigan
>
> MembielaC at michigan.gov
>
> 517-335-8132
>
>
>
> *The research and resources above are for informational purposes only and
> not for the purpose of providing legal advice. You should contact your
> attorney to obtain advice with respect to any particular issue or problem.*
>
>
>
> “the State may not, consistently with the spirit of the First Amendment,
> contract the spectrum of available knowledge.” *Griswold v. Connecticut,
> 381 U.S. 479, 482 (1965).*
>
>
>
> *[image: A picture containing text, room, gear, gambling house
> AI-generated content may be incorrect.]*
>
> Acknowledge the incredible strength of students’ multilingual abilities.
> Seek the Michigan Seal of Biliteracy
> <https://www.michigan.gov/mde/services/flexible-learning/michigan-seal-of-biliteracy>
> for graduating seniors.
>
>
>
> [image: Michigan.gov/Vote logo Description automatically generated]
> <https://mvic.sos.state.mi.us/>
>
> Get personalized voter information on early voting and other topics at
> Michigan.gov/Vote <https://mvic.sos.state.mi.us/>.
>
>
>
>
>
> *From:* Vicki Shurly <vshurly at tadl.org>
> *Sent:* Wednesday, April 30, 2025 1:41 PM
> *To:* Membiela, Clare (MDE) <MembielaC at michigan.gov>
> *Cc:* Don Priest <dpriest at southgate.lib.mi.us>; michlib-l <
> michlib-l at mcls.org>; Jack Buck <jbuck at richlandlibrary.org>
> *Subject:* Re: [Michlib-l] TAB Volunteers and YESA
>
>
>
> *CAUTION: This is an External email. Please send suspicious emails to
> abuse at michigan.gov <abuse at michigan.gov>*
>
>
>
> I am confused.  Does the law then require those 14-18 to obtain a work
> permit to volunteer at a public library?  Even when the juvenile is
> volunteering to fulfill hours required by a school, National Honor
> Society or scout group?
>
>
>
> On Wed, Apr 30, 2025 at 1:29 PM Membiela, Clare (MDE) via Michlib-l <
> michlib-l at mcls.org> wrote:
>
> Hello Don:
>
>
>
> You are exactly correct. It has long been the legal understanding that
> “volunteer services” are included within YESA. MCL 409.104(3)(b)
> https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-409-104 . Most of
> the legal underpinnings of this understanding would appear to be in the
> language of MCL 409.102(c)
> https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-409-102, which is
> the definition you mention. The definition uses the words “permit,”. etc.,
> but there is also no indication that “employ” as defined is tied to
> “payment” or “wages” in this law. Additionally, the exception in MCL
> 409.104(3)(b) specifies a specific type of entity- which implies that all
> OTHER volunteering or “work without pay” would NOT be exempt from the
> requirements.
>
> It also should be noted that minors exempted from the work permit
> requirement for volunteering for 501(c)(3) non-profit corporations (such as
> charities, etc. – not libraries) WOULD be covered  still by the other
> provisions of YESA.
>
>
>
> The Department of Labor and Economic Opportunity (LEO), the agency tasked
> with oversight of YESA reinforces the inclusion of volunteers:
>
>
> https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/work-permits
>
>
>
> I hope this is helpful!
>
> Sincerely,
>
> Clare
>
>
>
> Clare D. Membiela, MLS, J.D.
>
> Library Law Consultant
>
> Library of Michigan
>
> MembielaC at michigan.gov
>
> 517-335-8132
>
>
>
> *The research and resources above are for informational purposes only and
> not for the purpose of providing legal advice. You should contact your
> attorney to obtain advice with respect to any particular issue or problem.*
>
>
>
> “the State may not, consistently with the spirit of the First Amendment,
> contract the spectrum of available knowledge.” *Griswold v. Connecticut,
> 381 U.S. 479, 482 (1965).*
>
>
>
> *[image: A picture containing text, room, gear, gambling house
> AI-generated content may be incorrect.]*
>
> Acknowledge the incredible strength of students’ multilingual abilities.
> Seek the Michigan Seal of Biliteracy
> <https://www.michigan.gov/mde/services/flexible-learning/michigan-seal-of-biliteracy>
> for graduating seniors.
>
>
>
> [image: Michigan.gov/Vote logo Description automatically generated]
> <https://mvic.sos.state.mi.us/>
>
> Get personalized voter information on early voting and other topics at
> Michigan.gov/Vote <https://mvic.sos.state.mi.us/>.
>
>
>
>
>
> *From:* Don Priest <dpriest at southgate.lib.mi.us>
> *Sent:* Wednesday, April 30, 2025 9:33 AM
> *To:* Membiela, Clare (MDE) <MembielaC at michigan.gov>
> *Cc:* Jack Buck <jbuck at richlandlibrary.org>; michlib-l <michlib-l at mcls.org
> >
> *Subject:* Re: [Michlib-l] TAB Volunteers and YESA
>
>
>
> *CAUTION: This is an External email. Please send suspicious emails to
> abuse at michigan.gov <abuse at michigan.gov>*
>
>
>
> Clare,
>
>
>
> I'm a bit confused by this, because I'm not seeing any mention of
> volunteers in the wording of the act.  Are volunteers included because of
> the wording in the definitions, *(c) "Employ" means engage, permit, or
> allow to work *?
>
>
>
> Donald Priest
> Director
> Southgate Veterans Memorial Library
> 14680 Dix-Toledo Rd.
> Southgate MI 48195
> 734-258-3002
>
>
> ------------------------------
>
> *From: *"Membiela, Clare (MDE) via Michlib-l" <michlib-l at mcls.org>
> *To: *"Jack Buck" <jbuck at richlandlibrary.org>, "michlib-l" <
> michlib-l at mcls.org>
> *Sent: *Wednesday, April 30, 2025 8:59:23 AM
> *Subject: *Re: [Michlib-l] TAB Volunteers and YESA
>
>
>
> Hello Jack:
>
>
>
> I hope you are well!
>
>
>
> You are essentially correct- Public libraries may not permit a minor under
> 14 to volunteer or work, period.
>
> Teen Advisory boards would have to be reconfigured if they included minors
> aged 13 or under.
>
>
>
> The 501(c)(3) exemption is correct, but the requirements are nuanced, so
> be wary of having say, your Friends’ group “hire” or engage a minor for
> volunteer work so that minor can work in the library – this would likely be
> a problem UNLESS the volunteer was working solely for the Friends doing
> Friends activities and under the direction and supervision of a Friend.
>
>
>
> Libraries are almost never going to meet any of the exceptions for
> volunteers under 14.
>
>
>
> Minors aged 13 and under can participate in library programs that include
> activities that appear “volunteer” (ie.: putting together packages for
> unhoused patrons, etc.), but the library should not offer to certify
> “service hours” or “volunteer hours” for these patrons., as that would be
> essentially making that minor a “volunteer,” and acknowledging that the
> library is violating the act.
>
>
>
> The amended act can be found
> https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-90-of-1978
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.legislature.mi.gov_Laws_MCL-3FobjectName-3Dmcl-2DAct-2D90-2Dof-2D1978&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-VnIYX9Tid_FwaJ-4wkEtsGiayf038erslqThRZiqB4&m=LdT-XvUDWOuwwsywPiY1tREti3OKO7z5PNboIEi80KfdKx7r_2cnWC9dbwbrlCJs&s=v0WLVeFnKUWsv5Op97NyaWEEHK3rQC5J7zrwOkl6Mx8&e=>
>
>
>
> The work permit changed go into effect October 2, 2026. HOWEVER, the hours
> changes are already in effect as of April2, 2025.
>
>
>
> The previous language of the act also made it a violation of the act to
> hire or engage minors under 14 (unless the organization met one of the
> exemptions).
>
>
>
> If a library has a question, scenario, or policy they are uneasy about, it
> is best to consult the library’s attorney.
>
>
>
> I hope this is helpful!
>
> Sincerely,
>
> Clare
>
>
>
> Clare D. Membiela, MLS, J.D.
>
> Library Law Consultant
>
> Library of Michigan
>
> MembielaC at michigan.gov
>
> 517-335-8132
>
>
>
> *The research and resources above are for informational purposes only and
> not for the purpose of providing legal advice. You should contact your
> attorney to obtain advice with respect to any particular issue or problem.*
>
>
>
> “the State may not, consistently with the spirit of the First Amendment,
> contract the spectrum of available knowledge.” *Griswold v. Connecticut,
> 381 U.S. 479, 482 (1965).*
>
>
>
> *[image: A picture containing text, room, gear, gambling house
> AI-generated content may be incorrect.]*
>
> Acknowledge the incredible strength of students’ multilingual abilities.
> Seek the Michigan Seal of Biliteracy
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.michigan.gov_mde_services_flexible-2Dlearning_michigan-2Dseal-2Dof-2Dbiliteracy&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-VnIYX9Tid_FwaJ-4wkEtsGiayf038erslqThRZiqB4&m=LdT-XvUDWOuwwsywPiY1tREti3OKO7z5PNboIEi80KfdKx7r_2cnWC9dbwbrlCJs&s=-09Zv-SO5X6UG4Bh-OrXhwg5abW4Iwmgoopgwnds8ao&e=>
> for graduating seniors.
>
>
>
> [image: Michigan.gov/Vote logo Description automatically generated]
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__mvic.sos.state.mi.us_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-VnIYX9Tid_FwaJ-4wkEtsGiayf038erslqThRZiqB4&m=LdT-XvUDWOuwwsywPiY1tREti3OKO7z5PNboIEi80KfdKx7r_2cnWC9dbwbrlCJs&s=ip_-w4l0StMDaGJyfN0FGcbb9Xb0cVv4KmZ70pntCsk&e=>
>
> Get personalized voter information on early voting and other topics at
> Michigan.gov/Vote
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__mvic.sos.state.mi.us_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-VnIYX9Tid_FwaJ-4wkEtsGiayf038erslqThRZiqB4&m=LdT-XvUDWOuwwsywPiY1tREti3OKO7z5PNboIEi80KfdKx7r_2cnWC9dbwbrlCJs&s=ip_-w4l0StMDaGJyfN0FGcbb9Xb0cVv4KmZ70pntCsk&e=>
> .
>
>
>
>
>
> *From:* Michlib-l <michlib-l-bounces at mcls.org> *On Behalf Of *Jack Buck
> via Michlib-l
> *Sent:* Wednesday, April 30, 2025 7:30 AM
> *To:* michlib-l at mcls.org
> *Subject:* [Michlib-l] TAB Volunteers and YESA
>
>
>
> *CAUTION: This is an External email. Please send suspicious emails to
> abuse at michigan.gov <abuse at michigan.gov>*
>
>
>
> Hello -
>
>
>
> I’m looking for clarification on the recent changes to Michigan’s Youth
> Employment Standards Act (YESA) and how they affect public library
> volunteer programs, particularly Teen Advisory Boards.
>
>
>
> From what I understand:
>
>    - Minors aged 14 to 17 are required to obtain a work permit, including
>    unpaid volunteer roles, unless the organization is a 501(c)(3) nonprofit.
>    - Public libraries are considered government entities, not 501(c)(3)
>    organizations, so the exemption does not apply to us.
>    - Minors under age 14 are generally not allowed to volunteer, unless
>    they meet one of the limited exceptions defined in state law (such as youth
>    sports or farm work).
>
>
>
> If my interpretation is accurate, libraries will have to restructure TAB
> if they include 11-13 year olds.
>
>
>
> I’d appreciate hearing how your library is handling this.
>
>
>
> Thank you,
>
> Jack Buck
>
> Richland Community Library
>
>
>
>
>
>
> --
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>
>
>
> --
>
> Victoria M. Shurly, Director
> Peninsula Community Library
> 2893 Island View Road
> Traverse City, MI 49686
> 231.223.7700
>
>
> vshurly at tadl.org
>
>
>
> *"It is good to have an end to journey, but it is the journey that matters
> in the end."  Ursula Le Guin*
>
>
>
>
>

-- 
Victoria M. Shurly, Director
Peninsula Community Library
2893 Island View Road
Traverse City, MI 49686
231.223.7700

vshurly at tadl.org

*"It is good to have an end to journey, but it is the journey that matters
in the end."  Ursula Le Guin*
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