Cecily Zamora
Child labor laws are in place to protect young people from the dangers of excessive work hours and hazardous work conditions, which can jeopardize their health, development, and future prospects. These laws are currently under attack in states across the country, with increasing violations being reported. While federal and state laws govern the employment of minors, the law with the stricter standard must be followed when both are applicable. This paragraph will explore the topic of child labor laws, including the regulations in place to protect young workers, the consequences for employers who violate these laws, and the ongoing efforts to strengthen and enforce these protections.
| Characteristics | Values |
|---|---|
| Child labor laws | Under attack in states across the country |
| Child labor violations | Increasing |
| Child labor provisions | Restrictions on hours of work and occupations for youths under age 16 |
| Hazardous occupations | 17 jobs that are too dangerous for those under age 18 |
| Minimum age for most nonfarm work | 16 |
| Hours of work for minors aged 14 and 15 | No more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, or 40 hours in a non-school week |
| Hours of work for minors aged 16 and 17 | Unlimited |
| Child labor law violation penalty | Civil money penalty of up to $11,000 per worker for each violation |
| Child labor law violation penalty causing death or serious injury | Civil money penalty of $50,000, which may be doubled up to $100,000 for willful or repeated violations |
| Texas Child Labor Law | Ensures a child is not employed in a manner that is harmful to their safety, health, or well-being |
| Pennsylvania Child Labor Law | Allows 16-year-olds to drop out of school if employment requires a work permit |
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What You'll Learn
Child labor laws in agriculture
Child labor in agriculture has been a concern for the federal government since the passing of the Keating-Owen Act in 1916, which was the first federal child labor law. The main law regulating child labor in the United States is the Fair Labor Standards Act (FLSA). The FLSA defines allowable agricultural employment of children by age and sets standards for the employment of children under 16 and employment in hazardous occupations.
The FLSA provides age and hazardous occupation exemptions from the child labor provisions for children who work in the agricultural industry outside of school hours. For children working in agriculture, the FLSA allows children under 16 to be lawfully employed under certain circumstances. For example, 14-year-olds can operate small hand tools or tractors on a farm with a vocational education certification if they have completed a vocational agriculture training program. If a child is working on a family-owned farm for their parents or guardians, neither the minimum age nor the hazardous occupation requirement of the FLSA applies.
The minimum work age for most non-agricultural occupations is 14, and children under 14 may not be employed in non-agricultural occupations covered by the FLSA. In agriculture, children as young as 12 can work for unlimited hours before and after school. While the federal government and 10 states set no maximum on the number of hours per day or week a young person can work on farms, many states have adopted their own child labor laws and have placed tighter restrictions on farm work hours performed by minors. In addition, the federal government has set a lower minimum wage of $4.25 an hour for workers under 20 for the first 90 days of employment.
Agricultural employment is exempted from or is not listed among the covered sectors in the child labor laws of 17 states: Alabama, Delaware (non-hazardous employment), Georgia, Kansas, Kentucky, Louisiana, Maryland (non-hazardous employment), Mississippi, Montana, Nebraska (covers only work in detasseling and beet fields), North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, West Virginia (non-hazardous employment), and Wyoming. In cases where the FLSA applies and state law differs, the more protective standards apply.
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Child labor law violations and penalties
Child labor laws are in place to protect young people from excessive work hours, hazardous work environments, and low wages. These laws are under attack in states across the US, with increasing violations being reported. The Department of Labor (DOL) has responded by strengthening its enforcement and changing its penalty structure.
The Fair Labor Standards Act (FLSA) sets out the child labor provisions, including restrictions on work hours and occupations for those under 16. The minimum age for most non-farm work is 16, but 14 and 15-year-olds may work outside of school hours in certain non-hazardous jobs, for a limited number of hours. Employers must keep records of employees under 19, including their dates of birth, daily start and finish times, and total hours worked.
If an employer is found to be in violation of these provisions, the DOL has several enforcement tools at its disposal. The DOL can investigate possible violations, examine records, and interview employees. When violations are found, an investigator will explain the issue to the employer and seek an agreement for future compliance. The DOL may also take the following actions:
- Assess civil money penalties
- Seek an injunction in the Federal Courts
- Initiate criminal action in the Federal Courts
- Take a "hot goods" action in the Federal Courts
Civil money penalties for child labor violations can be up to $11,000 per worker for each violation. If a violation causes the death or serious injury of a minor employee, the penalty can be up to $50,000, or $100,000 if it is determined to be willful or repeated. In one recent case, a company was assessed a penalty of $15,138 for each minor employed in violation of the FLSA, the maximum allowed by federal law.
In addition to financial penalties, employers may also face imprisonment for willful violations of child labor rules. A first offense can result in a fine of up to $10,000, while a second offense can lead to imprisonment of up to six months.
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Child labor provisions of the Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, equal pay, record-keeping, and child labor standards. The child labor provisions of the FLSA are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health, safety, or well-being. These provisions include restrictions on the hours of work for minors under 16 and lists of hazardous occupations that are too dangerous for minors to perform.
The FLSA sets the minimum age for employment in most jobs at 14 years old, with restrictions on the number of hours that can be worked by minors under 16. For non-agricultural jobs, children under 14 may not be employed, children between 14 and 16 may be employed in allowed occupations during limited hours, and children between 16 and 17 may be employed for unlimited hours in non-hazardous occupations. Youths 18 years or older may perform any job, including hazardous work, for unlimited hours.
The regulations governing child labor in agricultural jobs differ from those in non-farm jobs. In agricultural jobs, children under 16 may be employed under certain circumstances, such as working on a family-owned farm or with parental consent. However, there are still some hazardous occupations that are prohibited for minors under 16 in agricultural jobs. Additionally, some states have set the minimum age for farm work at 14 or 18 when the child is not in school.
The FLSA also provides limited exemptions to the child labor provisions, such as for employment by parents, newspaper delivery, and child actors. Employers of children are required to keep records of the child's personal information, including their name, date of birth, and home address, and written consent for employment if required. Overall, the main goal of the FLSA's child labor provisions is to ensure that young workers are safe and that their employment does not interfere with their health, education, or well-being.
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Child labor laws by state
Child labor laws in the United States have been a concern for over a century, with the first federal child labor law passed in 1916. The Fair Labor Standards Act (FLSA) of 1938 set the minimum age for employment at 14 for non-agricultural jobs, restricted the hours of youth under 16, and prohibited youth under 18 from hazardous occupations. The FLSA also established subminimum wage standards for certain employees under 20 years of age, full-time students, student learners, apprentices, and workers with disabilities.
Despite these federal laws, child labor violations are on the rise, and some states are attempting to weaken child labor protections. For example, New Jersey and Arkansas have loosened child labor restrictions by lowering the age for certain jobs, expanding work hours to include school time, and shielding businesses from civil liability for work-related injuries or illnesses sustained by child workers. Florida is also debating lifting some child labor laws, with Governor DeSantis suggesting that teenagers should be working part-time, filling jobs left vacant by undocumented immigrants.
However, not all states are weakening their child labor laws. Some states are strengthening protections for children, and the Department of Labor's Wage and Hour Division has made protecting children in the workplace its top priority. The Division enforces federal child labor laws and launched a National Strategic Enforcement Initiative on Child Labor in 2023 to combat the most egregious and systemic violations.
It is important to note that state laws can provide more protection than the FLSA, but they cannot provide lesser protection. If state laws are weaker than federal laws, the federal laws prevail. Employers must comply with both state and federal labor laws, and resources are available to help them understand their responsibilities.
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Child labor laws and work hours
Child labor laws are in place to protect minors from hazardous and/or excessive work, as well as to ensure their safety and well-being. These laws cover both agricultural and non-agricultural sectors, and place restrictions on the number of hours that can be worked and the types of jobs that can be performed by youths under a certain age. In the United States, the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health (OSH) Act include provisions that specifically address child labor.
The FLSA sets the minimum age for most non-farm work at 16, however, minors aged 14 and 15 may work outside of school hours in certain occupations and under specific conditions. For example, they cannot work over 8 hours a day, with no more than 3 hours on a school day, and no more than 18 hours during a school week. During non-school weeks, they can work up to 40 hours. Additionally, minors in this age group are restricted from working before 7 a.m. or after 7 p.m., with an extension to 9 p.m. between June 1 and Labor Day. These laws vary from state to state, with some states having stricter regulations than others. For instance, New York State has one of the strictest child labor laws, requiring written permission from a parent or guardian and a certificate of satisfactory academic standing for 16 and 17-year-olds to work between 10 p.m. and midnight on a school day.
Minors aged 16 and 17 are generally allowed to perform any job that has not been declared hazardous and are not subject to restrictions on working hours. However, they may still have some limitations, such as in New York State, where they are prohibited from working between midnight and 6 a.m. when school is not in session. Additionally, in Illinois, 16-year-olds and older minors are allowed to work up to 8 hours on both Saturday and Sunday, provided they do not work more than 6 consecutive days outside of school hours and their total hours worked do not exceed 24.
It is important to note that federal and state laws may differ, and in the case of child labor laws, the stricter law takes precedence. Employers are responsible for providing a safe and healthy work environment and must keep records of their employees' ages, daily and weekly work hours, and occupations. They are subject to significant civil penalties for violating child labor provisions, which increase in the event of the death or serious injury of a minor employee. These penalties can be doubled for willful or repeated violations.
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Frequently asked questions
Child labor laws are regulations that ensure children's safety, health, and well-being while working, including restrictions on working hours and hazardous occupations for those under 18.
The Secretary of Labor has declared certain occupations too dangerous for minors under 18, such as manufacturing or storing explosives, driving motor vehicles, and working in hazardous industries like mining or manufacturing.
Yes, children of any age are generally allowed to work for businesses owned by their parents, and minors aged 14-15 may work outside school hours in specific non-hazardous jobs with restricted hours.
Violating child labor laws can result in civil penalties, criminal charges, and administrative fines. Employers may be subject to civil money penalties of up to $11,000 per violation, and higher penalties if the violation causes serious injury or death to a minor.
Child labor laws apply to most employers, but specific regulations and exemptions may vary based on the state and industry. Federal laws, such as the Fair Labor Standards Act (FLSA), set standards for non-agricultural occupations, while state laws may have additional or more restrictive provisions.
