Many employers face difficulties filling jobs, especially low-skill jobs that pay lower rates. Increasingly, employers are turning to younger workers to get work done, and this trend may accelerate if mass deportations remove substantial numbers of undocumented immigrants from the workforce.
Federal and state laws regulate child labor. Whichever provides the most protection will apply if both statutes cover your business.
Federal Laws Put Limits On Ages, Hours, And Types Of Work
Generally, federal child labor laws do the following:
- Prohibit employing minors in nonagricultural jobs if they’re under the age of 14
- Limit the hours and types of work minors under 16 can perform
- Prohibit the employment of minors younger than 18 in hazardous occupations
There are different, more permissive standards for agricultural employment.
The Role Of The Fair Labor Standards Act (Flsa)
The FLSA establishes the following:
- Federal minimum wage
- Overtime pay
- Recordkeeping requirements
- Child labor rules impacting full- and part-time workers
What’s allowed varies depending on the worker’s age and job, according to the federal Department of Labor. What stays the same is the following:
- Federal child labor rules only apply to those younger than 18
- Permits aren’t required under federal law but are mandated by many state laws
The FLSA and related regulations establish occupational standards and hours for youth as a corporate transaction lawyer can explain. Children no matter their age are generally allowed to work for companies owned by their parents, except the following:
- Those younger than 16 can’t work in mining or manufacturing
- No one under 18 may work in any occupation the Secretary of Labor declares hazardous
The worker’s age and what they can do under the FLSA is as follows:
- Children under 14 can’t work in non-agricultural occupations covered by the FLSA
- Permissible employment for this group is limited to what’s exempt from the FLSA or not covered by it: delivering newspapers, acting, performing minor chores in private homes, and casual babysitting
- The basic minimum age for employment is 16. Those from 16 to 18 can work unlimited hours in any occupation unless it’s declared hazardous by the Secretary of Labor
- Young persons 14 and 15 can work outside school hours in non-manufacturing and non-hazardous jobs for limited periods and under certain conditions
Banned Occupations And Working Conditions Banned For Those Up To 18 Years Old
As our friends at Focus Law LA can share, occupations and situations banned for all those younger than 18 include the following:
- Manufacturing or storing explosives
- Driving a motor vehicle or working as a motor vehicle outside helper
- Coal and other types of mining
- Forest fire fighting and prevention, timber extraction, forestry service, and logging and sawmilling operations
- Using powered woodworking machines
- Using powered circular, band, chain, and reciprocating saws; guillotine shears, wood chippers, and abrasive cutting discs
- Exposure to radioactive substances and ionizing radiation
- Using a power-driven hoisting apparatus
- Using power-driven metal-forming, punching, and shearing machines
- Using power-driven meat-processing machines, slaughtering, and working in meat-packing plants
- Using power-driven bakery machines
- Using balers, compactors, and power-driven paper-products machines
- Manufacturing brick, tile, and related products
- Wrecking, demolishing, and ship-breaking operations
- Roofing and work performed on or about a roof
- Trenching and excavation operations
As you can see, it is likely banned if the job involves dangerous work or power tools.
Limited Hours For The Youngest Workers
Fourteen and 15-year-olds are limited in working hours under federal laws and regulations. Those limits include the following:
- Outside school hours
- No more than 3 hours on a school day
- No more than 18 hours during a school week
- No more than 8 hours on a non-school day
- No more than 40 hours during a week when school is out and between 7 am and 7 pm, except between June 1 and Labor Day when it’s extended to 9 pm
If you employ or plan on employing workers as young as 14, discuss the matter with your attorney to ensure you comply with applicable state and federal laws. Violating these laws can result in thousands of dollars in penalties.