Cameron Miranda
Child labor laws are in place to protect young people in the workplace, and violations of these laws can have serious consequences for employers. These laws cover a range of areas, including working hours, the type of work that can be performed, and the age of the child. In the US, the Fair Labor Standards Act of 1938 is enforced by the Department of Labor, which has the authority to investigate and fine employers who are found to be in violation. Parents and employees should be aware of their rights and the legal protections in place, as well as the potential for further recourse in the case of serious injuries or repeated violations.
| Characteristics | Values |
|---|---|
| Working hours | Minors aged 14 and 15 may work outside school hours in certain occupations, but not before 7 a.m. or after 7 p.m. (9 p.m. from June 1 through Labor Day). |
| Work during school hours | Minors aged 14 and 15 may work up to three hours on a school day, 18 hours in a school week, eight hours on a non-school day, or 40 hours in a non-school week. |
| Work breaks | Employees are entitled to breaks and meal breaks, regardless of age. |
| Hazardous equipment | Minors are not supposed to use hazardous equipment or perform hazardous jobs. |
| Work during school enrollment | The FLSA provides exceptions to limitations on hours worked for 14 and 15-year-olds enrolled in an approved Work Experience and Career Exploration Program (WECEP) or Work Study Program (WSP). |
| Work during holidays | No information found. |
| Legal action | Employees can file a complaint or participate in a legal proceeding under the Act without facing discrimination or retaliation. The labor department can conduct investigations, levy fines, and penalties, and seek injunctions against non-compliant employers. |
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What You'll Learn
Denial of breaks
While federal law does not require lunch or coffee breaks, many states and localities have their own break requirements. For example, in California, non-exempt (hourly, non-salaried) workers have a legal right to take one ten-minute rest break for every four hours (or major fraction thereof) worked. Workers who work over six hours in a single shift will be entitled to two ten-minute breaks. If a worker is on an eleven-hour shift, they will be entitled to three rest breaks. These rest breaks should be taken as near as possible to the middle of the work period. A worker is not required by law to take their rest breaks, but if the employer makes it impossible for the worker to take one or more of their ten-minute rest breaks, the employer will owe the worker what is known as "premium pay" for that day.
In Massachusetts, workers who work more than six hours during a calendar day have a right to at least a 30-minute meal break. During their meal break, workers must be free of all duties and free to leave the workplace. This break may be unpaid, and employers may require workers to take their meal breaks. Employees may agree to work through their meal breaks, but they must be paid. If a worker is asked to stay on-call during their break, they may be entitled to premium pay for the day.
If you believe your rights to rest breaks have been violated, you can discuss your case with an experienced wage and hour attorney. You can also file a complaint with the Attorney General's Fair Labor Division or contact the U.S. Department of Labor, Wage and Hour Division. In the case of a child's employer violating child labor laws, you can inform the authorities and let them deal with it without approaching the workplace itself or its manager.
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Hazardous equipment usage
Child labor laws are in place to protect minors from being exploited or exposed to hazardous work environments. These laws vary depending on the age of the minor, the nature of the work, and the number of working hours.
In the United States, the Fair Labor Standards Act (FLSA) and the Department of Labor outline regulations regarding child labor. The FLSA generally prohibits children under 14 from being employed in non-agricultural jobs. However, children of any age may work in their parents' businesses, as long as the work is non-hazardous. For those aged 14 and 15, employment is permitted in non-hazardous jobs during limited hours, such as outside of school hours and with a maximum of 18 hours per week during school weeks and 40 hours during non-school weeks.
When it comes to hazardous equipment usage, there are specific regulations in place. The Secretary of Labor has the authority to declare certain occupations as hazardous for minors between 16 and 18 years of age. These occupations include:
- Operating, tending, setting up, adjusting, cleaning, oiling, or repairing hoisting apparatus.
- Working in or around boiler or engine rooms, or with machinery or equipment.
- Operating or working with power-driven machinery, including lawn mowers, food processors, and cutters.
- Driving or being an outside helper on a motor vehicle, especially on public roads or in mining or logging areas.
- Working in occupations involving heavy machinery or toxic substances.
In the context of your situation, if you are a minor who has been instructed to use hazardous equipment by your employer, you may have grounds to take legal action. The first step would be to gather evidence and document the instances where you were required to use such equipment. This evidence could include photographs, witness statements, or any written communication from your employer instructing you to use the hazardous equipment. Additionally, you can refer to the local Wage and Hour Division office and review the 29 CFR Part 570 regulations for detailed information on hazardous occupations.
It is important to note that the specific child labor laws and regulations may vary depending on your state and local legislation. Therefore, seeking legal advice from a licensed attorney in your jurisdiction is crucial to understand your rights and options for taking action against your employer.
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Excessive work hours
While there is no law limiting the number of hours an employer can require an employee to work, there are laws surrounding overtime pay and breaks that must be adhered to. Under the Fair Labor Standards Act, employers must pay overtime if an employee works more than 40 hours per week. Any hours worked over 40 hours must be paid at one and a half times the employee's regular rate of pay. However, this rule does not apply to exempt employees who perform executive, professional, or administrative duties. Some states have more restrictive laws, such as California, Alaska, and Nevada, which require overtime pay for those working more than eight hours per day.
If your employer is making you work more than 40 hours per week or eight hours per day without paying overtime, you may be able to take legal action. In addition to suing for overtime, you may be able to make a workers' compensation claim if overworking is affecting your physical health. Working excessive hours can lead to headaches, neck pain, back pain, depression, or chronic fatigue, and those working more than 10 hours per day have a 60% higher chance of having a heart attack than those working eight hours.
It is also important to note that while federal law does not require meal or rest breaks, when employers do offer short breaks (usually 5 to 20 minutes), these must be paid. Meal breaks (30+ minutes) can be unpaid, but only if the employee is completely relieved of duties and the break is uninterrupted. If you are forced to work through lunch or stay on call during your break, you should be paid. Some states, like California, Colorado, Delaware, Illinois, Maine, and Maryland, do require meal and rest breaks.
If your employer is cutting your hours illegally, you may be able to sue for compensation for your losses. It is illegal to cut hours as an act of retaliation, such as for reporting sexual harassment, unsafe working conditions, or illegal behavior by the employer. It is also illegal to cut an employee's hours if they are in a protected class. Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin.
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Working outside school hours
Child labor laws in the United States are governed by the Fair Labor Standards Act (FLSA) and vary from state to state. The FLSA's child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs or conditions detrimental to their health and well-being. While there are no specific reporting requirements under the FLSA, employers must keep records of employees under 19, including their dates of birth, daily starting and quitting times, and weekly hours of work. These records must be open for inspection by the Wage and Hour Division (WHD).
Minors under 14 years of age are generally prohibited from employment, except in certain specified jobs such as babysitting, news carriers, and entertainment. For 14 and 15-year-olds, work is typically limited to outside school hours, with restrictions on daily and weekly working hours. These limitations may be relaxed for those enrolled in approved Work Experience and Career Exploration Programs. Additionally, some states have special conditions for minors engaged in specific employments, such as street trades, recreation, and entertainment.
Once a minor reaches the age of 16, many protections cease. For example, 16-year-olds can work up to 40 hours a week and are not subject to restrictions on hours, although they still cannot work between 11 pm and 5 am on school nights. In some states, such as Wisconsin, there are no limits on the daily or nightly working hours of 16 and 17-year-olds, although they must be paid overtime rates for work exceeding 10 hours a day or 40 hours a week.
While there is no legal claim for work-related stress, minors do have the right to be paid for all hours worked. If an employer fails to pay wages or makes an employee work without pay, a legal claim can be filed with the state or federal Department of Labor. Additionally, minors have the right to file a complaint with the Wage and Hour Division without facing retaliation or discrimination from their employer.
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Failure to keep records
Child labor laws are in place to protect minors from being exploited or put in harm's way. These laws vary depending on the state and the specific circumstances, such as working on school days, the type of school, and whether the work is part of an established work program. In the United States, the Fair Labor Standards Act (FLSA) outlines the requirements for record-keeping by employers.
The FLSA requires employers to maintain certain records for each covered, nonexempt worker. While there is no required form, the records must include accurate information about the employee, such as their full name, data about the hours worked, and wages earned. Additionally, employers must keep records of the dates of birth of employees under 19, their daily starting and quitting times, their daily and weekly work hours, and their occupations. These records must be kept for at least three years and must be made available for inspection by the Wage and Hour Division, who may request that employers make extensions, computations, or transcriptions.
Failure to keep proper records is a violation of the FLSA and can result in civil and criminal penalties. The Department of Labor can assess civil money penalties of up to $15,138 per violation, taking into account the gravity and size of the business. These penalties have been increasing to deter violations and protect minors. For instance, civil monetary penalties for non-serious injury and non-injury violations have shifted from a per-child basis to a per-violation basis, significantly raising the potential penalties. In cases where a violation results in the serious injury or death of a minor, the Department assesses penalties of up to $68,801, with willful or repeated violations resulting in penalties of up to $137,602.
State laws may also impose additional penalties for failure to comply with record-keeping requirements. For example, New York law requires the labor department to consider the size of the business, the employer's good faith, the gravity of the violation, and any history of previous violations when determining penalties.
To ensure compliance, employers should have a plan in place to respond to investigations, review their policies for employing minors, and confirm they have appropriate record-keeping mechanisms. If you suspect your child's employer is violating child labor laws, including failing to maintain proper records, it is advisable to inform the authorities, such as the Wage and Hour Division, rather than confronting the workplace or its manager directly.
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Frequently asked questions
Child labor laws vary depending on the state and the specific circumstances, such as working on school days versus non-school days, and the type of work being performed. It is recommended that you consult a lawyer to understand the specific laws that apply to your situation. However, in general, if you are a minor, your employer may be subject to penalties or fines for violating child labor laws, and you may be entitled to compensation if you have been harmed as a result of their violations.
Employers who violate child labor laws may face civil penalties and fines of up to $11,000 per violation. If the violation results in the serious injury or death of a minor, the fine can increase to $50,000. Repeated violations can result in fines of up to $100,000, and employers who willfully break the law can face jail time, fines, or both.
If you believe your employer is violating child labor laws, you can report them to the authorities, such as the U.S. Department of Labor Wage and Hour Division, who can conduct investigations and levy fines and penalties. You may also be able to take legal action, such as filing a lawsuit, but it is recommended that you consult with a lawyer to understand your specific rights and options.
Some examples of child labor law violations include requiring minors to work excessive hours, denying them breaks, requiring them to work late nights or early mornings, and having them operate hazardous equipment or perform other dangerous tasks.
