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Child Labor Law Training

Child Labor Law Training

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  • The Fair Labor Standards Act (the FLSA) is the federal law of broadest application governing minimum wage, overtime pay and child labor. The Wage & Hour Division of the U.S. Department of Labor enforces the FLSA. In addition, the the Wage and Hour Division also enforces: The Family and Medical Leave Act The Migrant and Seasonal Agricultural Worker Protection Act The Employee Polygraph Protection Act The Garnishment Provisions of the Consumer Credit Protection Act The Davis-Bacon and Related Acts The McNamara-O’Hara Service Contract Act Temporary Worker Provisions of the Immigration and Nationality Act Additional information on any of these laws is available from the Wage and Hour Division.
  • It is an unfortunate fact that children do get injured, even killed, in the workplace. The National Institute for Occupational Safety and Health estimates that over 210,000 American children suffer occupational injuries every year – and over 70,000 of these injuries are serious enough to warrant emergency room treatment.
  • The Federal Child Labor Laws apply where there is an employer-employee relationship between the employer and the minor. Under the law, to employ includes to suffer or permit an employee to work. FLSA 3(g)
  • Child Labor Coverage under FLSA is defined at sections 12(a) and (c) Section 12(a) Coverage applies to the employment of any minor by any producer, manufacturer or dealer that ships of delivers for shipment in commerce any goods produced in an establishment in the USA in or about which, within 30 days prior to the removal of such goods therefrom, any oppressive child labor was performed. That is to say, all minors would be covered for the purposes of child labor, if somewhere in the establishment where the minors are employed some goods are produced and removed for shipment in interstate commerce during their employment or within 30 days of their employment. This coverage extends to all minors employed in or about the “establishment” even if they are not employed by the “establishment (i.e. if a minor works for a small caterer that provides food service in a manufacturing facility, the minor’s employer is not a covered enterprise, but the minor, by virtue of working in an establishment where goods are produced for interstate commerce is covered for the purposes of Child Labor. Section 12(c) Coverage applies based on the minors performance of individually covered work or employment in a covered enterprise.
  • A covered enterprise is an employer with at least two employees and at least $500,000 a year in business (sales, for example). Hospitals, schools and government agencies with at least two employees are also covered enterprises. Two establishments, businesses or corporations may be one “enterprise” under the FLSA if they perform related activities, through unified operation or common control, for a common business purpose.
  • Even if the employer is not a covered enterprise, individual employees are covered if they engage in interstate commerce, the production of goods for interstate commerce, or a closely-related process or occupation directly essential (CRADE) to such production. The definition of interstate commerce is very broad; any employee who makes telephone calls, type letters, processes credit card transactions or travels to other states for work is probably covered by the FLSA. See also: WH 1282 Handy Reference Guide to the Fair Labor Standards Act
  • The minimum age for non-agricultural employment under the Fair Labor Standards Act is 14. Minors of age 13 and under may not work in FLSA covered non-agricultural employment except in certain limited jobs like casual babysitting, newspaper delivery, and as models or performers. Young entrepreneurs who use the family lawnmower to cut their neighbor’s grass or perform babysitting on a casual basis are not covered under the Fair Labor Standards Act Rules under the Fair Labor Standards Act state what hours 14 and 15 year olds may work, and what kinds of jobs they are allowed to have. 570.2(a) Although there are no limitations on the hours 16 and 17 year-olds may work under the FLSA. Sixteen and 17 year-olds may work in most occupations but there is an 18 year old minimum for certain jobs that have been found to be hazardous. 570.2a(ii) Different rules apply to agricultural jobs See Also: 29 CFR 570
  • Although Federal Law does not require minors to obtain work permits, regulate the hours minors over 16 may work, or require that breaks or meal periods be given, many States do have such laws. Reg.570.25
  • In the cases where Federal and State laws are different, the higher or more protective standard applies. For example, if the State Law requires work permits or meal periods, then these laws must be followed in that State. Similarly, if Federal law states that a 14 year-old may only work until 7 PM whereas State law would allow the minor to work until 9 PM, then the minor may only work until 7 PM. Reg. 570.25 See Also: 29 CFR Part 570
  • 14 and 15 year-olds may work up to 3 hours on a school day. This would include Friday if it was a school day. When school is in session, minors age 14 and 15 may not work more than 18 hours in a week. This would be true even if school was out during part of the week. On Saturdays and Sundays and on other days when school is not in session, such as during the summer or spring breaks, 14 and 15 year-olds may work up to 8 hours a day. In any week in which school is not in session at all, minors age 14 and 15 may work as many as 40 hours in a week. Reg. 570.35 See Also: C.L. 101 (WH 1330)
  • Minors age 14 and 15 may work only between the hours of 7 AM and 7 PM, except from June 1 through Labor Day, when they may work until 9 PM. From the day after Labor Day to May 31, the 7 PM time limit applies even if there is no school the next day such as on a Friday or Saturday night. Even in a week that school is not in session such as during spring break, the 7 PM limit applies from the day after Labor Day through May 31. Reg. 570.35 The rules for hours and for times both work together. For example, although a minor may work between the hours of 7 AM and 7 PM, the minor may not work more than 3 hours on a school day, and 8 hours on a non-school day. Minors age 14 and 15 are not permitted to work during the hours school is in session. See Also: CL 101 (WH 1330)
  • There are many jobs in retail and service industries that 14- and 15-year-olds are allowed to perform. Office and clerical work includes the operation of office machines. In addition to cashiering and selling, youths 14- and 15-years of age may also work as models, in advertising, window trimming, and comparative shopping. See Also: CL 101 (WH 1330)
  • 14- and 15 year-olds may perform simple cooking functions when they are in areas in full view of the customers, and not separated from the service counter by a wall. They may use grills, griddles, deep-fat fryers, toasters, popcorn poppers, and hot dog rotisseries. 14- and 15 year-olds may use devices for keeping food warm including microwaves designed only for food warming. 14- and 15 year-olds may work in gas stations pumping gas and oil, performing courtesy service, car cleaning, washing, and waxing. See Also: CL101 (WH-1330)
  • 14 and 15-year-olds may work in most office or sales jobs. No work is permitted on construction sites or on motor vehicles, airplanes, or other forms of transportation. The area where minors work must be physically separate from any place where goods are being manufactured or processed. Reg 570.33 FOH 33b02 In non-retail establishments, 14- and 15-year-olds are permitted to work in parts of the establishment that are devoted to retailing or food service such as in a factory cafeteria. FOH 33b03
  • Processing work which is not permitted for 14- and 15-year-olds includes laundering as performed by commercial laundries. 14- and 15-year-olds are not allowed to operate most power-driven equipment unless specifically allowed by the regulations such as office machines. Power-driven equipment that 14 and 15 year-olds may not operate includes lawn mowers, weed-whackers, and motorized golf-carts. See Also: CL101
  • 14- and 15-year-olds are prohibited from working as dairy stock clerks, meat clerks, produce clerks, and frozen stock clerks when their duties require them to enter and remain in coolers or freezers for prolonged times. Use of ovens, including pizza ovens and convection ovens is not allowed. 14- and 15-year-olds are not permitted to cook in areas or use equipment that presents risks associated with lifting large containers of hot grease or liquid or to work with cooking devices which operate under pressure or extremely high temperatures. See Also: CL101 (WH 1330)
  • 14- and 15-year-olds are prohibited from cleaning power-driven meat-processing equipment and bakery mixers, unless the parts are only hand-washed by the minor and the machine is dismantled and reassembled by an adult. FOH 33E10e3a For more information on hours of work or occupations call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243)
  • There are physical hazards associated with operating power-driven equipment in some employment settings. Additionally there are certain industries such a mining, logging, and excavation work that are so dangerous that the employment of minors is banned with a few exceptions. For these reasons the Secretary of Labor has declared that 17 such occupations are too dangerous for minors under age 18 to perform. These occupations are referred to as Hazardous Occupational Orders (HOs). Care should be taken when considering employment of minors under age 18 in any industry or occupation which may be affected by a hazardous order. With respect to the operation of hazardous equipment, minors may not operate such equipment, at any time, even once, unless an exemption applies. There are some exemptions to the prohibitions for 16 and 17-year-old apprentices and student learners that will be discussed at a later point. These exemptions apply to HO#s 5, 8, 10, 12, 16, and 17.
  • Source FOH Chapter 33
  • Prohibited: Minors under age 18 years may not work in plants or establishments that manufacture, store, and transport explosives or articles containing explosive components, small arm ammunition including blasting caps and primers. This includes fireworks. These minors are prohibited from handling these materials and being employed in all building and areas containing explosives. Permitted: Minors age 14 through 17 years may work in retail stores selling explosives or explosive components, including gun shops, sporting goods stores, building supplies and hardware stores; retail firework stands and other retail establishments . Minors aged 16 and 17 may work in gun clubs, trap and skeet ranges, turkey shoots, certain armories, police stations and other such areas where only small arms ammunition is being stored. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101 Source FOH Chapter 33
  • Prohibited: This HO prohibits driving or employment as an outside helper on any public road, highway, or in and about any mine( including open pit mine or quarry), place where logging or sawmill operations are in progress, or any excavation of the type identified in HO 17. Permitted: Seventeen-year-olds (but not those under 17 years of age) may drive automobiles and trucks as part of their employment when all of the following criteria are met: The automobile or truck does not exceed 6,000 pounds gross vehicle weight. The driving is restricted to daylight hours. The driving is only occasional and incidental* to the minor's employment. The minor holds a State license valid for the type of driving involved in the job performed. The minor has successfully completed a State-approved driver education course. The minor has no records of any moving violations at the time of hire. The vehicle is equipped with a seatbelt for the driver and any passengers and the employer has instructed the youth that the seatbelts must be used when driving. *Driving is "occasional and incidental" when the minor spends no more than one-third of the work time in any workday and no more than 20 percent of the work time in any workweek driving.
  • Prohibited: This is an industry specific prohibition which means minors under age 18 are not permitted to work in occupations that are performed in or about an underground mine, or at the surface part of the mining plant that contributes to the extraction, grading, cleaning, or other handling of coal. This prohibition includes all work in underground coal mines, such as miner, miner’s helper, loader, shearing-machine operator, loading-machine operator, driller, shot-firer, motorman, trackman, or timberman, and all work open pit coal mines. Permitted: Engage in occupations where the work occurs solely in offices, or in repair or maintenance shops which are located above ground. There are other limited exceptions. For more information on this HO call Wage and Hour toll free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101 Source FOH chapter 33
  • Prohibited: Most work in logging with a few exceptions is prohibited. The prohibition includes any work that involves timbering, collecting or transporting of logs, the operation of power-driver machinery, handling or use of explosives, and work on trestles. The HO also prohibits maintenance and repair of equipment in places other than in the shop, such as in a sawmill. It prohibits the use of power-driven woodworking machines used to cut materials other than wood or veneer. Permitted : Do most logging engineering work on survey parties. Most construction and repairs or maintenance on railroads, roads, or flumes. Construction, operation, repair or maintenance of living and administrative quarters of logging camps. Maintenance and repair of equipment but only in shops. For more information on this HO call Wage-Hour toll free at 1-866-4USWAGE (1-866-487-9243). See Also : Child Labor Bulletin 101 Source: FOH
  • Prohibited: Work involving operating or assisting to feed power-driven woodworking machines. Off-bearing or tailing from circular saws. Setting up, adjusting, repairing, oiling, or cleaning power-driven woodworking machines. Permitted: Work involving the moving of materials from one machine to another and arranging materials for another person to feed into the machine. Work in preparation for shipping and the handling and shipping of lumber products. Using staple machines in upholstery departments. Using electric, pneumatic and battery-powered screwdrivers which only tighten screws. This HO is subject to a limited exemption for 16 and 17 year old apprentices and student learners enrolled in an approved program. For more information on this HO, call Wage-Hour toll free at 1-866-4USWAGE (1-866-487-9243). See Also : Child Labor Bulletin 101 Source: FOH
  • Prohibited: To work where: -radium is stored or used in the manufacture of of self-luminous compound; -self luminous compound is made; -self-luminous compound is stored, used or worked on; -incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged; -other radioactive substances are present in the air in average concentrations exceeding the standard set by law. Any other work which involves exposure to ionizing radiation in excess of .5 REM per year. Permitted: To work in medical facilities such as X-ray room and laboratories where exposure to ionizing radiation is less than .05 REM per year. Any work involving exposure to naturally-occurring radiation such as radiation in soil or sunlight radiation. For more information on this HO, call Wage-Hour at 1-866-4USWAGE (1-866-487-9243).
  • Prohibited: A passenger or freight elevator or a combination passenger/freight elevator (service elevator). An elevator which does not meet specific requirements They may not assist in the operation of all cranes, derricks or hoists (except electric or air hoists not exceeding one ton capacity) They may not ride on a manlift or a freight elevator when the elevator is not operated by an assigned operator. Permitted: A dumbwaiter or conveyor (such as endless belts, chain conveyors, bucket conveyors) An electric or air operated hoist not exceeding one ton capacity. This HO does not apply to chair-lifts at ski resorts nor the electric pneumatic lifts used to raise cars in garages and gasoline services. Or ride on elevators that meet certain specific requirements and they may ride on freight elevator operated by an assigned operator. Note: Bobcat Loaders are high lift trucks and covered by HO 7 when used to raise or lower loads. Chair lifts at ski resorts are covered under HO 7 as man lifts only when they travel a greater distance vertically than they do horizontally. For more information on this HO, call Wage-Hour toll free at 1-866-4USWAGE (1-866-487-9243). .
  • Prohibited: Operating, assisting, setting up, adjusting, repairing, oiling and cleaning of power-driven metal forming, punching and shearing machines by minors under 18 years. The following machines are among those covered by HO 8: Automatic Bulkan Assembler, Hager press, and metal bottom seamer. Permitted: The HO does not include a very large group of metal working machines know a “machine tools.” The following machines are not covered by HO 8 and may be used by minors aged 16 and 17 years: Wheel crusher or rim removing machine, Walco precision roller, injection molding press, and Elox wire-cut electrical discharge machine, Axxess PC key machine, Ridgid 535 pipe and bolt threading machine, Landis pipe nipple and automatic pipe nipple machines, brake drum and brake disc lathes. There is an exemption for 16 and 17 year old apprentice and student learners enrolled in approved program. For more information on this HO, call Wage-Hour toll free at 1-866-4USWAGE (1-866-487-9243). See Also : Child Labor Bulletin 101 Source: FOH
  • Prohibited: All underground work in mines or underground quarries. All work in or about open-cut mines, open quarries, and sand and gravel operations unless otherwise permitted. All work at or about placer mining or borehole mining operations unless otherwise permitted. All work in metal mills, unless otherwise permitted. All work in washer plants and grinding mill unless otherwise permitted. Permitted: Work in offices, in warehouses or supply houses, in change houses, in laboratories in and in repair or maintenance shops if located above ground. Work outside of the mine in surveying, in repair and maintenance or roads, and in general cleanup if done above ground. Work of track crews in metal mines, if the work is done away from haulage and mining activities. All work at surface placer mines and work at metal mills involving the operation of jigs, sludge table, flotation cells, or drier-tables, and general cleanup. For more information on this HO, call Wage-Hour toll free at 1-866-4USWAGE (1-866-487-9243). See Also : Child Labor Bulletin 101 Source material: FOH chapter 33
  • Applies to butcher shops, grocery stores, hotels, delicatessens, restaurants, fast food establishments, meat lockers, and any other firm where any food product is prepared or processed using machines prohibited by this order. Prohibited: Minors under age 18 may not work with a variety of power- driven meat processing machines including setting-up, adjusting, repairing, oiling, and cleaning such machines regardless of the product being processed. Permitted: Does not prohibit minors from cleaning deep-fat fryers, from removing cooking oils, or from screening or filtering the oils. Allows for the operation of certain types of power-driven machines such as a food processor with attachments used for processing vegetables, but not when the machine is used for processing meat. For more information on this HO, call Wage-Hour toll free at 1-866-4USWAGE (1-866-487-9243).
  • Prohibited: Minors may not clean power-driven meat-processing equipment, unless it is hand-washing of the individual parts of the machine and the machine is dismantled and reassembled by an adult. If involved in slaughtering, rendering, or meatpacking remember that there are many types of equipment and jobs that cannot be performed by minors. For more information on HO 10 you can call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 002, 038, and 043. Source material: FOH Chapter 33, CL101, Fact Sheet 038 For more information on this HO, call Wage-Hour toll free at 1-866-4USWAGE (1-866-487-9243).
  • Prohibited: Minors under age 18 may not operate a variety of bakery machines such as horizontal and vertical dough-mixers, batter-mixer, dough-brake and dough-sheeter, and cake-cutting band-saw. Permitted: Minors may clean power-driven bakery-processing equipment if it involves hand-washing of individual parts of the machines and the machine is dismantled and reassembled by an adult. Pizza dough rollers are permitted if the machine has roller safeguards, enclosed gears and micro-switches that turn off the machine if it is opened. The "D Wire Whip" (as used on a dough mixer) is permitted if it is used to mix vegetables or items other than batter. Bagel slicers with a circular saw blade may be cleaned by 16 and 17 year-olds if the blade is enclosed, the adjustable guard is in place, and the manufacturer's warning sign is in place. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 038, and 043. Source: FOH Ch.33 and CL101
  • Prohibited: Minors under age 18 may not operate or assist to operate paper processing machines. Among these are guillotine paper-cutter or shears, arm type stitcher or stapler, platen die-cutting press, hand feed punch press, and horizontal bar scorer. Paper box compactors which use the same process of compacting as scrap paper balers are included. Permitted: Paper shredders like those normally used in offices may be operated by minors. Pouch laminators like those designed to encase documents such as identification cards between two pieces of plastic are allowed. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 038, and 043. Source: FOH Ch.33 and CL101
  • Prohibited: Generally, minors under age 18 may not load, operate or unload scrap paper balers and paper box compactors. Permitted: However, minors 16 and 17 years-old can load (but not operate or unload) certain scrap paper balers and paper box compactors if: The company must ensure that the equipment meets, and continues to meet, the American National Standards Institute's (ANSI) Standard Z245.5-1990 or ANSI Z245.2-1992. The company must provide notice, and post a notice on each machine that it meets the ANSI standard. The on-off switch must incorporate a key-lock or other type of lock-out system, and control of the key must be maintained by an employee who is at least 18 years old. The equipment must also be inoperable while it is being loaded. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 038, and 043. Source material: FOH Ch.33, CL101, and Fact sheet 38
  • Prohibited: Remove bricks from inside the kiln when moving them to storage or prepare them for storage inside the manufacturing building or adjacent to the kilns. Set or draw clay tile in drain-tile plants. Work with silica, asbestos, and lime glaze used to coat the inside of cylinders in a silica refractory, or work where this process occurs. Permitted: Minors 16 and 17 years may work in the storage and shipping departments of a company making clay construction products. They also may work in the office of a firm that makes silica brick or silica refractories. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 043. Source material: FOH Ch.33, and CL101
  • Prohibited: Minors under age 18 may not operate or help on power-driven circular-saws, band-saws, or guillotine shears, unless they are equipped with devices for full automatic feeding and ejection and with a fixed guard which prevents placing any part of their bodies in the point-of-operation area. This includes the setting-up, adjusting, repairing, oiling, and cleaning regardless of how they are fed or eject material. Permitted: This HO does not apply to other power-driven equipment which does not meet the specific definitions of a circular saws, band-saws or guillotine shears. The use of most types of saws and shears are covered in HO’s 4, 5, 8, 10, 11, and 12. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 043. Source material: FOH Ch.33 and CL101
  • Prohibited: This is an industry wide prohibition and deals with occupations performed on the site of total or partial razing, demolishing, or dismantling of buildings, bridges, steeples, towers, chimneys, other structures, ships or other vessels, including cleanup and salvage work. Permitted: If the demolition work is not extensive and is just a part of remodeling or repair work. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 043. Source material: FOH Ch.33, and CL101
  • Prohibited: May not remove an old roof when done in preparation for the installation of a new roof or measure a roof to estimate the cost of a new roof. May not perform work in connection with the application of weatherproofing materials and substances to roofs of buildings or other structures, installation of roofs, alterations, additions, maintenance and repair including painting and coating, and work performed on the ground. Permitted: May perform work in conjunction with the new construction of metal buildings. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 043. Source material: FOH Ch.33 and CL101
  • Prohibited: Minors under age 18 may not work in excavating, work in and back-filling trenches, excavating for buildings or other structures, tunnel work, and shaft work. Permitted: Work on site clearing, surface grading, dredging, and bore-hole drilling operations. Work in trenches performing manual excavating, manual back-filling, and work in trenches that do not exceed four feet in depth at any point. Work in building excavation performing manual excavating to a depth not exceeding four feet below any ground surface adjoining the excavation. Work in an excavation not exceeding a depth of four feet. Work in an excavation where the side walls are shored or sloped to the angle of repose. For more information on this HO call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243) See Also: Child Labor Bulletin 101, Fact Sheet No. 043. Source material: FOH Ch.33 and CL101
  • Minors can deliver newspapers to consumers, baby-sit on a casual basis, work as an actor or performer in movies, TV, radio, and theater. Youths of any age are generally allowed to work for businesses entirely owned by their parents, except those under 16 may not be employed in mining or manufacturing, and no one under 18 can work in any of the 17 hazardous orders. Apprentices and student learners enrolled in a approved program can be exempt from HO 5, 8, 10, 12, 14, 16, and 17 under certain conditions. For additional information on these programs call Wage-Hour toll-free at 1-866-4USWAGE (1-866-487-9243)
  • The Fair Labor Standards Act (FLSA) covers employees that are producing agricultural goods which will directly or indirectly become a part of interstate commerce. “ Agriculture” under the FLSA includes, among other activities, cultivating and tilling the soil, dairying, producing, growing and harvesting agricultural or horticultural commodities, and raising livestock or poultry.
  • (See Child Labor Bulletin No. 102; Fact Sheet #40; FLSA Regulations 29 CFR Part 570
  • The term “outside of school hours” means the time before and after school, holidays, Saturday, Sunday, vacation time, and any day when school is not scheduled to be open for students. Minors who attend private school or are home-schooled are subject to the school hours restrictions for the district in which they live. (See 29 CFR 570.2(b))
  • Under section 13(a)(6) of the FLSA, “small farms” use less than 500 man-days of agricultural labor per calendar quarter during the preceding calendar year. A “man-day” means any day an employee works in agriculture for at least one hour. The term “parent” includes natural parents and any other person who maintains a parent-child relationship with a minor. For example, the person who takes a child into their home and provides them with support and education would be standing in place of a parent. (See 29 CFR 780.300)
  • Minors under 16 may not work in the following hazardous occupations: HO 1 - Includes connecting or disconnecting implements or parts to or from this type of tractor. HO 2 - Covers operating or helping to operate an assortment of machines including starting, stopping, adjusting, or feeding, or any activity that involves physical contact with the machine. Some included machines are: Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner; Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a non-gravity-type self-unloading wage or trailer; Power post-hole digger; power post driver; or nonwalking-type rotary tiller. HO 3 -Includes starting, stopping, adjusting, or feeding, or any activity that involves physical contact with the restricted machinery.
  • HO 4 - Dangerous animals includes a: Bull, boar, or stud horse maintained for breeding purposes Sow with suckling pigs, or cow with newborn calf with unbilical cord present HO 5 - This includes loading, unloading, felling, bucking, or skidding timber with a large end diameter of more than 6 inches HO 6 - Type of work includes painting, repairing, or building structures, pruning trees, picking fruit, etc.
  • HO 7 - Minors under 16 may not drive a truck to transport passengers whether on or off the farm. HO 8 - Working under dangerous conditions involves working inside: A fruit, feed, or grain storage structure designed to retain an oxygen deficient or toxic atmosphere, such as a silo for fruit fermentation; An upright silo within 2 weeks after fodder has been added or when a top unloading device is in operating position; A manure pit; A horizontal silo while operating a tractor for packing purposes
  • HO 9 - Handling or applying agricultural chemicals that are identified by the word “poison”, a skull and crossbones, or the word “warning” on the label. Handling includes cleaning or decontaminating equipment, disposing or or returning empty containers, or serving as a flagman for aircraft applying these chemicals. HO 10 - Blasting agents include, but are not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps and primer cord. HO 11
  • Student-learners may work in HO Numbers 1-6 providing: The work is incidental to training Work shall be intermittent, for short periods, and under the direct and close supervision of an experienced person Safety instructions with the on-the-job training experience Schedule of organized and progressive work 4-H trainees may work in HO Number 1 and 2 provided that: Instruction on the safe and proper use of the equipment has been given Continuous and close supervision has been provided Employees must keep copies of written agreements and certificates
  • If an employee is under age 19 the employer must have a record of their date of birth. Federal child labor rules do not require work permits, but many states do. If your state issues age certificates they are acceptable proof of age. You could also use birth certificates, baptismal records, school records, or passport. For more information etc. See Also: 29 CFR 516 Source FOH Ch. 52, Pt. 516
  • The child labor provisions of the Fair Labor Standards Act are enforced by the staff of the Wage and Hour Division throughout the U.S. Employers who violate the child labor provisions of the Fair Labor Standards Act are subject to a civil money penalty of up to $11,000 per each violation. Reg. 579.1 Federal law prohibits the interstate movement of goods produced at an establishment where child labor violations were found within 30 days.

Cl al lw pictures 03-12 Cl al lw pictures 03-12 Presentation Transcript

  • Child Labor Requirements of the Fair Labor Standards Act 7 Presented by the U.S. Department of Labor Wage & Hour DivisionWage and Hour Division www.wagehour.dol.gov 1-866-487-9243
  • The Department of Labor is committedto helping young workers find thosepositive and early employmentexperiences that can be so importantto their development, but the workmust be safe. 1-866-487-9243
  • The FLSA child labor provisions aredesigned to protect the educationalopportunities of minors and prohibittheir employment in jobs and underconditions detrimental to their healthor well-being. 1-866-487-9243
  • 1-866-487-9243
  • 12 – 13 year old boys 1-866-487-9243
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  • The young greaser was 14years old an his name was Shorpy Higginbotham 1-866-487-9243
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  • Young pusherAlabama 1910 1-866-487-9243
  • Everybody has his messtin. The men with a stick are coal-trolley brakers. Many wear gloves, a surprising safety measure for that time (1911) 1-866-487-9243
  • The boys ate sitting straight above the coal conveyor belts. In spite of the spraytubes (visible on the photo), there seems to be quite some dust (visible neat the windows).Coal sieving Pennsylvania – 1911 1-866-487-9243
  • The MINIMUM WAGE is $7.25 per hour.This is what most workers must be paid. But in certain situationsemployers may be allowed to pay less. For example:•Tipped employees-- Credit for tips may be allowed for certainoccupations where workers customarily receive tips. $2.13 is theminimum cash wage.•A Youth Minimum Wage, not less that $4.25 can be used undercertain conditions-youth under 20 years old, 1st 90 calendar days.•Special Certificate Workers--Special certificates issued by WHDmay allow lower rates for workers with disabilities, apprentices,full time students and student-learners. 1-866-487-9243
  • Child Labor Coverage Minors employed at establishments where goods are produced for interstate commerce Minors employed by a covered enterprise or who individually engage in the production of goods for interstate commerce 1-866-487-9243
  • Enterprise Coverage Enterprises with: • At least two (2) employees • At least $500,000 a year in business Hospitals, businesses providing medical or nursing care for residents, schools, preschools and government agencies with at least two (2) employees 1-866-487-9243
  • Individual Coverage Workers who are engaged in: • Interstate commerce; • Production of goods for commerce; or • Closely-related process or occupation directly essential (CRADE) to such production Engaging in “interstate commerce” includes: • Making telephone calls to other states • Typing letters to send to other states • Processes credit card transactions • Traveling to other states 1-866-487-9243
  • Federal Child Labor LawIncludes Minimum Age of employment of 14 Hours and times 14 and 15 year-olds may work, and what jobs they may do What jobs may not be performed by employees younger than age 18 Different Rules for Agricultural Work 1-866-487-9243
  • Federal Child Labor LawDoes Not Require minors to obtain work permits Limit hours or restrict time for minors under 16 years of age Require breaks or meal periods for minors 1-866-487-9243
  • What if Federal and StateLaws Are Different?Where Federal and State lawsdiffer, the higher or moreprotective standard applies. 1-866-487-9243
  • Hours that 14 and 15 Year-Olds May Work Up to 3 hours on a school day (including Fridays) Up to 18 hours during a week when school is in session Up to 8 hours on a non-school day Up to 40 hours during a week when school is not in session 1-866-487-9243
  • Hours that 14 and 15 Year-OldsMay Work School hours refers to the hours that the local public school where the minor resides while employed is in session. 1-866-487-9243
  • Times when 14- and15-Year-Olds May Work Between 7 AM and 7 PM; or Between 7 AM and 9 PM from June 1 through Labor Day; and Outside school hours 1-866-487-9243
  • Effective July 10, 201 Section 570.33 and 570.34 makes it clear that 14 and 15 year olds may only do what the Secretary of Labor has declared they may do. “If a task is not specifically permitted, it is prohibited”. 1-866-487-9243
  • Retail / Service Jobs 14- and15-Year-Olds May Do Office and clerical work Cashiering and selling Price marking, assembling orders, packing Bagging and carrying out customers’ orders 1-866-487-9243
  • Retail / Service Jobs 14- and15-Year-Olds May Do Errands and deliveries by foot, bike, bus or train Clean-up work Kitchen work, preparing and serving food Pumping gas and cleaning cars 1-866-487-9243
  • Non-Retail Jobs 14- and15-Year-Olds May Do Office work Sales jobs Preparing and serving food Advertising Banking Information technology 1-866-487-9243
  • Effective July 19, 2010 Section 570334(b) creates a new permitted occupation for work of an intellectual or artistically creative nature. Includes sufficient safeguards to ensure these young workers do not perform otherwise prohibited tasks or work during prohibited time periods. 1-866-487-9243
  • Effective July 19, 2010 Section 570.34(l) permits 15 year olds to work as lifeguards and swimming instructions and water parks if properly trained and certified. Note: Noone under 16 can work as a dispatcher on elevated water slides or as a lifeguard at natural environment swimming facilities (lakes, beaches, rivers, piers.etc.) 1-866-487-9243
  • Work 14- and 15-Year-OldsMay Not Do Manufacturing and Mining Most processing occupations Operating power-driven equipment Transportation and Communications Warehousing and storage Construction 1-866-487-9243
  • Work 14- and 15-Year-OldsMay Not Do Work in or about boiler or engine rooms Maintenance or repair of a building or equipment Work in freezers and meat coolers except to monetarily enter a freezer to retrieve items Outside window washing Cooking and baking 1-866-487-9243
  • Work 14- and 15-Year-OldsMay Not Do Work involving power-driven food slicers and grinders, choppers or cutters and bakery mixers Loading and unloading goods to and from trucks, railcars or conveyors Work in meat processing areas All occupations declared to be hazardous for 16- and 17-year-olds 1-866-487-9243
  • Effective July 19, 2010 Section 570.33(j) bans youth peddling and door-to-door sales by youth under 16 years of age. Also prohibits such youth from promotional employment as “sign wavers” unless performed directly in front of the emplo yer’s establishment. 1-866-487-9243
  • Effective July 19, 2010 Section 570.33(l) adds poultry catching and cooping as a prohibited occupation. 1-866-487-9243
  • Hazardous Occupations The FLSA prohibits minors under age 18 from performing occupations, which the Secretary of Labor declares to be particularly hazardous. Currently there are 17 such occupations 1-866-487-9243
  • Hazardous Orders 1 through 4HO 1. Manufacturing or storingexplosivesHO 2. Driving a motor vehicle or work asan outside helper on motor vehiclesHO 3. Coal miningHO 4. Logging and sawmillingHO 5. Power-driven woodworkingmachines 1-866-487-9243
  • Hazardous Orders 5 through 8HO 6. Exposure to radioactivesubstances and ionizing radiationHO 7. Power-driven hoisting apparatusHO 8. Power-driven metal-forming,punching and shearing machinesHO 9. Mining, other than coal 1-866-487-9243
  • Hazardous Orders 9 through 12HO 10. Power-driven meat-processingmachines, slaughtering and meat packingplantsHO 11. Power-driven bakery machinesHO 12. Power-driven paper-productsmachinesHO 13. Manufacturing of brick, tile andrelated products 1-866-487-9243
  • Hazardous Orders 13 through 17HO 14. Power-driven circular saws,band saws and guillotine shearsHO 15. Wrecking, demolition, andshipbreaking operationsHO 16. Roofing operationsHO 17. Trenching and excavationoperations 1-866-487-9243
  • “Operation” MeansThe term "operation" as used inHO’s 5, 8, 10, 11, 12 and 14generally includes the tasks ofsetting up, adjusting, repairing,oiling or cleaning the equipment. 1-866-487-9243
  • HO 1. Manufacturing orStoring ExplosivesBans minors working where explosivesare manufactured or stored, but permitswork in retail stores selling ammunition,gun shops, trap and skeet ranges, andpolice stations. 1-866-487-9243
  • HO 2. Driving or Outside Helper on Motor Vehicles Bans operating motor vehicles on public roads and working as outside helpers on motor vehiclesMinors under age 17 are not to drive on public roads as part of their job. Seventeen –year-olds may on a limited basis with strict guidelines 1-866-487-9243
  • HO 3. Coal MiningBans most jobs in coal mining. 1-866-487-9243
  • HO 4. Logging andSawmillingBans most jobs in logging andtimbering (including cutting firewood)and in sawmills. 1-866-487-9243
  • HO 5. Power-DrivenWoodworking MachinesBans the operation of most power-driven woodworking machines,including chain saws, nailing machines,and sanders. 1-866-487-9243
  • HO 6. Exposure to RadioactiveSubstances and Ionizing RadiationBans exposure to radioactive materials. 1-866-487-9243
  • HO 7. Power-Driven HoistingApparatusBans the operation of most power-driven hoisting apparatus such asforklifts, bobcats and cranes,including most high lift trucks 1-866-487-9243
  • HO 8. Power-Driven Metal-Forming, Punching and ShearingMachinesBans the operation of certainpower-driven metal-workingmachines but permits the use ofmost machine tools. 1-866-487-9243
  • HO 9. Mining, Other ThanCoalBans most jobs in mining at metalmines, quarries, aggregate mines, andother mining sites includingunderground work in mines, work in orabout open cut mines, open quarries,and sand and gravel operations. 1-866-487-9243
  • HO 10. Power-drivenMeat-Processing MachinesBans the operation of power-drivenmeat processing machines, such asmeat slicers, saws and meat choppers,wherever used (including restaurantsand delicatessens). 1-866-487-9243
  • HO 10. Power-Driven Meat-Processing MachinesMeat Slicing Machine: Minors maynot use this machine even on itemsother than meat, such as cheese andvegetables. 1-866-487-9243
  • HO 11. Power-Driven BakeryMachinesBans the operation of power-drivenbakery machines such as verticaldough and batter mixers (includingmost countertop models), doughrollers and dough sheeters. 1-866-487-9243
  • HO 12. Power-DrivenPaper-Products MachinesBans the operation of power-driven paper products machines. 1-866-487-9243
  • HO 12. Power-DrivenPaper-Products MachinesLoading the baler and compactor: 16 and 17 year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines. 1-866-487-9243
  • HO 13. Manufacturing of Brick,Tile and Related Products Bans most jobs in the manufacture of brick, tile and similar products. 1-866-487-9243
  • HO 14. Power-driven sawsand shearsBans the operation of various typesof power-driven band saws, circularsaws and guillotine shears, nomatter what kind of items are beingcut. 1-866-487-9243
  • HO 15. Wrecking andDemolition Bans most jobs in wrecking, demolition, and ship-breaking operations, but does not apply to remodeling or repair work which is not extensive. 1-866-487-9243
  • HO 16. Roofing OperationsBans most jobs in roofingoperations including workperformed on the ground andremoval of the old roof. 1-866-487-9243
  • HO 17. Trenching andExcavation OperationsBans most jobs in trenching andexcavation work, including workingin a trench more than four feet deep. 1-866-487-9243
  • ExceptionsCasual babysitting, newspaper delivery,modeling and actingParental exceptionApprenticesStudent Learners 1-866-487-9243
  • Child Labor in AgricultureThe following information applies tominors under age 16 employed inagriculture 1-866-487-9243
  • Child Labor in AgricultureThe application of child labor rules foragriculture depends on the age of theyouth and the type of work to be doneRules are the same for migrant andlocal youth workersIncludes limitations on hours andoccupations for minors under age 14and occupations under age 16 1-866-487-9243
  • Hours LimitationsMinors under age 16 may only work inagriculture outside of school hours“School hours” are based on theschedule of the local public school inthe area where the minor is living whileemployed 1-866-487-9243
  • Outside of school hours 14- or 15-year-olds may work on any farm 12- or 13-year-olds can work on a farm with written permission from parents or on the same farm where a parent works 12-year-olds may only work on “small farms” with permission from parents 1-866-487-9243
  • Where Minors May Work inAgricultureYouths 14 and 15 may perform non-hazardousjobsYouths 12 and 13 may perform non-hazardousjobs on farms with written permission of parentsor on the same farm with a parentYouths of any age may work at any time in anyjob on a farm owned or operated by theirparents 1-866-487-9243
  • Hazardous Orders-AgricultureHO 1. Operating tractors of over 20PTO (Power-Take-Off) horsepowerHO 2. Custom combines, pickers, andother similar machinesHO 3. Trencher, fork-lift, potatocombine, and power saws 1-866-487-9243
  • Hazardous Orders-AgricultureHO 4. Working on a farm in a yard, pen,or stall occupied by a dangerous animalHO 5. Working with certain timberHO 6. Working from a ladder or scaffoldover 20 feet high 1-866-487-9243
  • Hazardous Orders-AgricultureHO 7. Driving a bus, truck, orautomobile when transportingpassengers, or riding on a tractor as apassenger or helperHO 8. Working inside storage structuresunder dangerous conditions 1-866-487-9243
  • Hazardous Orders-AgricultureHO 9. Handling or Applying ChemicalsHO 10. Handling or Using BlastingAgentsHO 11. Transporting, transferring,moving, or applying dry fertilizer(anhydrous ammonia) 1-866-487-9243
  • Exceptions/Exemptions fromChild Labor Agriculture RulesYouth of any age may work at any time,in any occupation on a farm owned oroperated by their parentStudent-LearnersCompletion of 4-H Federal ExtensionTraining Programs 1-866-487-9243
  • Tips for employersVerify ages of young employeesKnow the child labor requirementsMake sure your managers know therequirementsMake sure your minor employees knowthe requirements 1-866-487-9243
  • More employer tipsReview time records for minorsPost warning labels on prohibitedequipmentConduct trainingMake compliance importantEncourage minors to say “no” if askedto do something prohibited 1-866-487-9243
  • EnforcementEnforcement is carried out by Wageand Hour staff throughout the U.S.Employers who violate the child laborprovisions are subject to a civil moneypenalty of up to $11,000 per violationFederal law prohibits the interstatemovement of goods produced wherechild labor violations are found 1-866-487-9243
  • Compliance AssistanceMaterials - Child LaborThe Law 29 USC 201The Regulations 29 CFR 570Handy Reference GuideChild Labor AdvisorFact Sheets 40 and 43PosterChild Bulletin 101 1-866-487-9243
  • ADDITIONAL INFORMATIONVisit the WHD homepage at:www.wagehour.dol.gov orhttp://www.youthrules.dol.govCall the WHD toll-free information andhelpline at 1-866--487-9243Use the DOL interactive advisor system -ELAWS (Employment Laws Assistance forWorkers and Small Businesses) at:www.dol.gov/elawsCall or visit the nearest Wage and HourDivision Office 1-866-487-9243
  • DisclaimerThis presentation is intended as general information onlyand does not carry the force of legal opinion.The Department of Labor is providing this information as apublic service. This information and related materials arepresented to give the public access to information onDepartment of Labor programs. You should be aware that,while we try to keep the information timely and accurate,there will often be a delay between official publications ofthe materials and the modification of these pages.Therefore, we make no express or implied guarantees. TheFederal Register and the Code of Federal Regulationsremain the official source for regulatory informationpublished by the Department of Labor. We will make everyeffort to keep this information current and to correct errorsbrought to our attention. 1-866-487-9243