Cl al lw pictures 03-12

Wage and Hour Division

www.wagehour.dol.gov

77

1-866-487-9243

Child Labor Requirementsof the

Fair Labor Standards Act

Presented by the U.S. Department of

Labor Wage & Hour Division


www.wagehour.dol.gov 1-866-487-9243

The Department of Labor is committed to helping young workers find those positive and early employment experiences that can be so important to their development, but the work must be safe.



The FLSA child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.





12 – 13 year old boys



















The young greaser was 14 years old an his name was

Shorpy Higginbotham

The young greaser was 14 years old an his name was

Shorpy Higginbotham





Young pusher

Alabama 1910

Young pusher

Alabama 1910



Everybody has his messtin. The men with a stick are coal-trolley brakers. Many wear gloves, a surprising safety measure for that time (1911)

Everybody has his messtin. The men with a stick are coal-trolley brakers. Many wear gloves, a surprising safety measure for that time (1911)


www.wagehour.dol.gov 1-866-487-9243Coal sieving Pennsylvania – 1911Coal sieving Pennsylvania – 1911

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).

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).



The MINIMUM WAGE is $7.25 per hour.

This is what most workers must be paid. But in certain situations employers may be allowed to pay less. For example:

•Tipped employees-- Credit for tips may be allowed for certain occupations where workers customarily receive tips. $2.13 is the minimum cash wage.

•A Youth Minimum Wage, not less that $4.25 can be used under certain conditions-youth under 20 years old, 1st 90 calendar days.

•Special Certificate Workers--Special certificates issued by WHD may allow lower rates for workers with disabilities, apprentices, full time students and student-learners.



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



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



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



Federal Child Labor Law Includes

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



Federal Child Labor Law Does 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



What if Federal and State Laws Are Different?

Where Federal and State laws differ, the higher or more protective standard applies.



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



Hours that 14 and 15 Year-Olds May Work

School hours refers to the hours that the local public school where the minor resides while employed is in session.



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



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”.



Retail / Service Jobs 14- and 15-Year-Olds May Do

Office and clerical work Cashiering and selling Price marking, assembling orders,

packing Bagging and carrying out

customers’ orders



Retail / Service Jobs 14- and 15-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



Non-Retail Jobs 14- and 15-Year-Olds May Do

Office work Sales jobs Preparing and serving food Advertising Banking Information technology




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.




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.)



Work 14- and 15-Year-Olds May Not Do

Manufacturing and Mining Most processing occupations Operating power-driven equipment Transportation and Communications Warehousing and storage Construction




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




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




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.




Section 570.33(l) adds poultry catching and cooping as a prohibited occupation.



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



Hazardous Orders 1 through 4

HO 1. Manufacturing or storing explosives

HO 2. Driving a motor vehicle or work as an outside helper on motor vehicles

HO 3. Coal mining HO 4. Logging and sawmilling HO 5. Power-driven woodworking

machines




HO 6. Exposure to radioactive substances and ionizing radiation

HO 7. Power-driven hoisting apparatus

HO 8. Power-driven metal-forming, punching and shearing machines

HO 9. Mining, other than coal




HO 10. Power-driven meat-processing machines, slaughtering and meat packing plants

HO 11. Power-driven bakery machines HO 12. Power-driven paper-products

machines HO 13. Manufacturing of brick, tile and

related products




HO 14. Power-driven circular saws, band saws and guillotine shears

HO 15. Wrecking, demolition, and shipbreaking operations

HO 16. Roofing operations HO 17. Trenching and excavation

operations



“Operation” Means

The term "operation" as used in

HO’s 5, 8, 10, 11, 12 and 14

generally includes the tasks of

setting up, adjusting, repairing,

oiling or cleaning the equipment.



HO 1. Manufacturing or Storing Explosives

Bans minors working where explosives are manufactured or stored, but permits work in retail stores selling ammunition, gun shops, trap and skeet ranges, and police stations.



HO 2. Driving or Outside Helper on Motor Vehicles

Bans operating motor vehicles on public roads and working as outside helpers on motor vehicles

Minors 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



HO 3. Coal Mining

Bans most jobs in coal mining.



HO 4. Logging and Sawmilling

Bans most jobs in logging and timbering (including cutting firewood) and in sawmills.



HO 5. Power-Driven Woodworking Machines

Bans the operation of most power-driven woodworking machines, including chain saws, nailing machines, and sanders.



HO 6. Exposure to Radioactive Substances and Ionizing Radiation

Bans exposure to radioactive materials.



HO 7. Power-Driven Hoisting Apparatus

Bans the operation of most power-driven hoisting apparatus such as forklifts, bobcats and cranes, including most high lift trucks



HO 8. Power-Driven Metal-Forming, Punching and Shearing Machines

Bans the operation of certain power-driven metal-working machines but permits the use of most machine tools.



HO 9. Mining, Other Than Coal

Bans most jobs in mining at metal mines, quarries, aggregate mines, and other mining sites including underground work in mines, work in or about open cut mines, open quarries, and sand and gravel operations.



HO 10. Power-driven Meat-Processing Machines

Bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used (including restaurants and delicatessens).



HO 10. Power-Driven Meat-Processing Machines

Meat Slicing Machine: Minors may not use this machine even on items other than meat, such as cheese and vegetables.



HO 11. Power-Driven Bakery Machines

Bans the operation of power-driven bakery machines such as vertical dough and batter mixers (including most countertop models), dough rollers and dough sheeters.



HO 12. Power-Driven Paper-Products Machines

Bans the operation of power-driven paper products machines.



HO 12. Power-Driven Paper-Products Machines

Loading 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.



HO 13. Manufacturing of Brick, Tile and Related Products

Bans most jobs in the manufacture of brick, tile and similar products.



HO 14. Power-driven saws and shears

Bans the operation of various types of power-driven band saws, circular saws and guillotine shears, no matter what kind of items are being cut.



HO 15. Wrecking and Demolition

Bans most jobs in wrecking, demolition, and ship-breaking operations, but does not apply to remodeling or repair work which is not extensive.



HO 16. Roofing Operations

Bans most jobs in roofing operations including work performed on the ground and removal of the old roof.



HO 17. Trenching and Excavation Operations

Bans most jobs in trenching and excavation work, including working in a trench more than four feet deep.



Exceptions

Casual babysitting, newspaper delivery, modeling and acting

Parental exception Apprentices Student Learners



Child Labor in Agriculture

The following information applies to minors under age 16 employed in agriculture



Child Labor in Agriculture

The application of child labor rules for agriculture depends on the age of the youth and the type of work to be done

Rules are the same for migrant and local youth workers

Includes limitations on hours and occupations for minors under age 14 and occupations under age 16



Hours Limitations

Minors under age 16 may only work in agriculture outside of school hours

“School hours” are based on the schedule of the local public school in the area where the minor is living while employed



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



Where Minors May Work in Agriculture

Youths 14 and 15 may perform non-hazardous jobs

Youths 12 and 13 may perform non-hazardous jobs on farms with written permission of parents or on the same farm with a parent

Youths of any age may work at any time in any job on a farm owned or operated by their parents



Hazardous Orders-Agriculture

HO 1. Operating tractors of over 20 PTO (Power-Take-Off) horsepower

HO 2. Custom combines, pickers, and other similar machines

HO 3. Trencher, fork-lift, potato combine, and power saws




HO 4. Working on a farm in a yard, pen, or stall occupied by a dangerous animal

HO 5. Working with certain timber HO 6. Working from a ladder or scaffold

over 20 feet high




HO 7. Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a passenger or helper

HO 8. Working inside storage structures under dangerous conditions




HO 9. Handling or Applying Chemicals

HO 10. Handling or Using Blasting Agents

HO 11. Transporting, transferring, moving, or applying dry fertilizer (anhydrous ammonia)



Exceptions/Exemptions from Child Labor Agriculture Rules

Youth of any age may work at any time, in any occupation on a farm owned or operated by their parent

Student-Learners Completion of 4-H Federal

Extension Training Programs



Tips for employers

Verify ages of young employees Know the child labor requirements Make sure your managers know the

requirements Make sure your minor employees

know the requirements



More employer tips

Review time records for minors Post warning labels on prohibited

equipment Conduct training Make compliance important Encourage minors to say “no” if

asked to do something prohibited



Enforcement

Enforcement is carried out by Wage and Hour staff throughout the U.S.

Employers who violate the child labor provisions are subject to a civil money penalty of up to $11,000 per violation

Federal law prohibits the interstate movement of goods produced where child labor violations are found



Compliance Assistance Materials - Child Labor

The Law 29 USC 201 The Regulations 29 CFR 570 Handy Reference Guide Child Labor Advisor Fact Sheets 40 and 43 Poster Child Bulletin 101



ADDITIONAL INFORMATION

Visit the WHD homepage at: www.wagehour.dol.gov or http://www.youthrules.dol.gov

Call the WHD toll-free information and helpline at 1-866--487-9243

Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: www.dol.gov/elaws

Call or visit the nearest Wage and Hour Division Office



Disclaimer This presentation is intended as general information

only and does not carry the force of legal opinion.

The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department 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 of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention.

Documents

Cl al lw pictures 03-12