by Susan E. Prince, J.D., BLR Legal Editor
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Get Your Report Now!Summer is coming! Teens are home for vacation and some will be working during the hot summer months. Employers are wise to take a little refresher on employing teens, because the child labors laws are detailed and strict and the government will crack down on you if you don’t follow them!
Minimum Age Standards
The Fair Labor Standards Act (FLSA) and regulations establish both hours and occupational standards for minors. According to the DOL, children of any age are generally permitted to work for businesses entirely owned by their parents, except those under age 16 may not be employed in mining or manufacturing and no one under 18 may be employed in any occupation the Secretary of Labor has declared to be hazardous.
Once a youth reaches the age of 18, he or she is no longer subject to the federal child labor laws.
Minors age 16 and 17 may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor.
Young persons age 14 and 15 may work outside school hours in a variety of non-manufacturing and non-hazardous jobs for limited periods of time and under specified conditions.
Children under age 14 may not be employed in non-agricultural occupations covered by the FLSA. Permissible employment for such children is limited to work that is exempt from the FLSA, such as delivering newspapers to the consumer, acting, completing minor chores around private homes, or casual baby-sitting.
Limited Hours
The federal child labor laws limit the hours and the times of day that minors age14 and 15 may work to:
- Outside school hour
- No more than 3 hours on a school day, including Fridays
- No more than 8 hours on a nonschool day
- No more than 18 hours during a week when school is in session
- No more than 40 hours during a week when school is not in session
- Between 7 a.m. and 7 p.m.—except between June 1 and Labor Day when the evening hour is extended to 9 p.m.
Hazardous Occupations Orders (HOs)
The child labor laws establish an 18-year minimum age for those nonagricultural occupations that the Secretary of Labor finds and declares to be particularly hazardous for minors age 16 and 17, or detrimental to their health or well-being. In addition, child labor laws also ban minors age 14 and 15 from performing any work proscribed by the HOs. There are currently 17 HOs which include a partial or total ban on the occupations or industries they cover.
Practical Advice
Some tasks and tools present more of a hazard than others. But you can take some simple steps to help comply with child labor laws:
- Understand and comply with both federal and state child labor laws and occupational safety and health regulations that apply to your business.
- Stress safety, particularly among first-line supervisors who have the greatest opportunity to influence teens and their work habits.
- Make sure that adolescent workers are appropriately trained and supervised to prevent injuries and hazardous exposures.
- Work with supervisors and experienced workers to develop an injury and illness prevention program.
- Assess and eliminate hazards for adolescent workers, such as.
- Driving a car or truck
- Operating tractors or other heavy equipment
- Using power tools
- Train adolescent workers to recognize hazards and use safe work practices.
Child Labor Related Resource
Susan E. Prince, J.D., is a Legal Editor for BLR’s human resources and employment law publications. Ms. Prince has over 10 years of experience as an attorney and writer in the field of human resources and has published numerous articles on a variety of human resources and employment topics, including compensation, benefits, workers’ compensation, discrimination, work/life issues, termination, and military leave. Ms. Prince also served as an expert on several audio conferences discussing the 2004 changes to the federal regulations under the Fair Labor Standards Act. Before starting her career in publishing, Ms. Prince practiced law for several years in the insurance industry and served as president of a retail sales business. Ms. Prince received her law degree from Vermont Law School.