Keith Mack
Child labor laws are in place to protect the workplace experiences of children and teenagers. These laws include restrictions on the hours of work and the type of duties that employers can require of their young employees. While most employers are subject to the FLSA child labor laws, many small business owners may be unaware of practices that violate the child labor provisions under the Fair Labor Standards Act of 1938. So, what happens when these laws are broken? Can you sue a company for breaking child labor laws?
| Characteristics | Values |
|---|---|
| Child labor laws | Apply to businesses grossing $500,000 or more annually, operating residential health treatment facilities, educational institutions, and engaging in interstate commerce |
| Child labor provisions | Restrictions on hours of work and occupations for youths under 16; 17 hazardous occupation orders for jobs deemed too dangerous for under 18s |
| Permissible work hours for 14-15-year-olds | Outside school hours: 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, 40 hours in a non-school week; 7 am-7 pm, extended to 9 pm from June 1 to Labor Day |
| Enforcement | Labor Department conducts investigations, levies fines, and seeks injunctions; civil money penalties up to $11,000 per worker violation, $50,000 for violations causing death/injury, and up to $100,000 for willful/repeated violations |
| Whistleblower laws | Incentivize reporting of violations; whistleblowers receive a percentage of recovery and protection against retaliation |
| State-level actions | Filing complaints with state labor boards, creating private rights of action, enacting stop work orders, modifying workers' compensation laws, increasing detection, and enacting work permit requirements |
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What You'll Learn
Child labor laws: working hours and school days
Child labor laws are in place to protect minors from exploitation and unsafe working conditions. These laws vary depending on the state and whether the minor is working during the school term or school vacations. In the state of Pennsylvania, for instance, a minor may not be employed for more than three hours on a school day or more than eight hours on a non-school day. They may not be employed for more than 18 hours during a regular school week and not more than 40 hours during a week that school is not in session. A minor in Pennsylvania may reject any request for employment in excess of 44 hours in a single week without retaliation by the employer.
In Illinois, minors who are 14 or older and are employed in recreational or educational activities by a park district or municipal parks and recreation department may work up to three hours per school day twice a week until 9 pm, provided that the number of hours worked does not exceed 24 a week. Work is permitted until 10 pm during summer vacation. In Maine, minors under 16-17 enrolled in school may work up to 50 hours during any week that school is in session for less than three days or during the first or last week of the school calendar.
Federal laws, such as the Fair Labor Standards Act (FLSA), also place restrictions on the number of hours that children under 18 can work per day and the types of jobs they can do. The FLSA establishes a minimum wage, overtime pay, and record-keeping for part-time and full-time child laborers. Once a child turns 18, these rules no longer apply.
If an employer is suspected of violating child labor laws, a complaint can be filed with the state's labor board or the Department of Labor's Wage and Hour Division. These complaints are confidential, and federal law prevents employers from retaliating against employees for filing a complaint or cooperating with an investigation. Young workers can also file complaints for labor law violations.
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Hazardous occupations for minors
Federal law restricts minors from working in certain prohibited and hazardous occupations. These restrictions are in place to maintain the safety and health of minors in the workplace. The Prohibited and Hazardous Occupations for minors, as defined in the Fair Labor Standards Act (FLSA), have been updated by the United States Department of Labor (USDOL) to reflect changes in technology and job descriptions.
The Hazardous Occupations for 16 and 17-year-olds include occupations related to forest firefighting and fire prevention, as well as clearer definitions of machinery operation. The following occupations are considered hazardous for minors:
- All types of work in coal-mining plants, except for slate or refuse picking at a picking table or chute in a tipple or breaker, and duties in offices or repair/maintenance shops.
- Occupations in forest fire fighting, forest fire prevention, timber tracts, forestry services, logging, and the operation of sawmills, lath mills, shingle mills, or cooperage stock mills.
- Manufacturing, mixing, transporting, or handling explosive compounds, or any duties in the explosives area.
- Manufacturing, transporting, or handling primers, and all occupations requiring duties in the same building as primer manufacturing.
- Loading, inspecting, packing, shipping, and storing blasting caps.
- Driving a motor vehicle or working as an outside helper on a public road, except for 17-year-olds with a special state-issued license under certain circumstances.
Additionally, 14 and 15-year-olds are prohibited from working in most occupations involving transportation, construction, warehousing, communications, and public utilities. They are also banned from operating or tending to power-driven machinery (except office machines), performing baking operations, and working in processing, mining, or any workroom/workplace where goods are manufactured or processed.
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State labor board: filing a complaint
If you believe your child's employer is breaking child labor laws, you can file a complaint with your state's labor board. This can likely be done online, but it may also be possible to mail a completed form to the Labor Commissioner's office that handles investigations for your city, location, or community.
Before filing a complaint, it is important to gather information about the specific laws being violated and the circumstances under which the violations are occurring. For example, in the United States, child labor laws may vary depending on whether the child is working on a school day or a non-school day, the type of school they attend, and whether they are working as part of an established work program. Additionally, labor laws regulating wages and meal breaks may be implicated, regardless of age.
When filing a complaint, you may need to provide information such as the name of the complainant, the nature of the complaint, and any relevant details or evidence that can support your claim. It is important to note that investigations into labor law violations can often be initiated by complaints, and your identity as the complainant may be kept confidential.
In addition to filing a complaint with the state labor board, you may also consider contacting the Occupational Safety and Health Administration (OSHA) and the Department of Labor (DOL). These organizations can provide guidance and enforce workplace safety and health regulations, including those related to child labor.
It is worth mentioning that while standing up for your child's rights is important, involving them in the process can help empower them to understand their rights and advocate for themselves in the future. Additionally, seeking expert legal advice from a licensed attorney can provide more specific guidance on your available options and the best course of action to address the violation of child labor laws.
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Child labor violations: whistleblower protection
Child labor laws are in place to protect children from being exploited in the workplace. These laws outline the types of jobs, hours, and conditions deemed acceptable for workers below a certain age. When an employer violates these laws, they can be held accountable through legal action, including lawsuits. In the United States, the Department of Labor's Wage and Hour Division (WHD) enforces child labor requirements under the Fair Labor Standards Act.
Whistleblower protection laws play a crucial role in upholding child labor laws. Whistleblowers are individuals who expose illegal or unethical activities within an organization. In the context of child labor, a whistleblower could be a coworker, teacher, customer, community organization, or anyone else who becomes aware of child labor violations. Whistleblower protection laws ensure that these individuals are legally protected from retaliation for speaking out.
The U.S. Department of Labor enforces whistleblower protection laws, prohibiting employers from retaliating against employees for exercising their rights. Retaliation can take various forms, including firing, demotion, denial of overtime or promotion, or reduction in pay or hours. Whistleblowers are protected when they engage in “protected activity,” such as reporting child labor violations to the authorities.
State-level measures can also provide whistleblower protections in child labor cases. For example, California's Private Attorney General Act (PAGA) allows whistleblowers to sue on behalf of the state for labor code violations and receive a portion of the recovered penalties. Illinois' temporary worker protection law enables interested parties to take civil action for labor violations. These laws empower whistleblowers to take legal action without fear of reprisal.
Additionally, proposed legislation, such as the bill introduced in Colorado in 2024 (HB 24-1095), aims to strengthen whistleblower protections in child labor cases. The bill includes anti-retaliation provisions, ensuring that those who report child labor violations are shielded from adverse consequences.
In conclusion, whistleblower protection laws are essential to combating child labor violations. They empower individuals to expose illegal practices without fear of retaliation, providing a crucial mechanism for upholding child labor laws and protecting vulnerable workers.
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Child labor provisions: fines and penalties
Child labor laws are enforced by the Department of Labor (DOL), which encourages employers to voluntarily comply with the Fair Labor Standards Act (FLSA). The DOL has the authority to investigate possible violations of the FLSA, including the examination of records and interviews with employees. When violations are found, an investigator will explain the issue to the employer and seek agreement for future compliance.
In the case of willful violation of child labor rules, the FLSA provides for a fine of up to $10,000. A second offense committed after a prior conviction can result in imprisonment for up to 6 months. The FLSA also prohibits the employment of oppressive child labor in the production of goods for commerce. Oppressive child labor is defined as the violation of child labor rules. Under these provisions, legal action can be taken to prevent an employer from shipping their product if child labor violations have occurred within the past 30 days.
The Wage and Hour Division (WHD) of the DOL has recently increased its focus on child labor law enforcement, with a strategic initiative to crack down on violations. The WHD commonly uncovers violations through investigations, which may be initiated based on employee complaints or initiatives targeting specific business sectors. The WHD assesses compliance with federal and state child labor laws and can issue Civil Money Penalties (CMPs) for violations.
Additionally, the Occupational Safety and Health Administration (OSHA) plays a role in enforcing child labor laws by referring any perceived child labor issues to the WHD. OSHA can also investigate workplace safety and health issues, and companies can expect collaboration between OSHA and the WHD to address violations.
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Frequently asked questions
Child labor laws are regulations that restrict the hours and types of duties that employers can require of children and teenagers. These laws aim to protect minors from hazardous work and ensure they receive an education.
Some examples include requiring minors to work before 7 am or after 7 pm (9 pm during summer break), employing them in hazardous occupations, or not providing mandatory breaks.
If you suspect a company is violating child labor laws, you can contact your state's labor board, the Occupational Safety and Health Administration (OSHA), or the Department of Labor (DOL). You can also suggest that your child or the affected minor contacts these authorities directly.
The Department of Labor can conduct investigations, levy fines, and seek injunctions against non-compliant employers. Employers may be subject to civil penalties of up to $11,000 per violation of child labor provisions, and these penalties can increase if the violations cause serious injury or death.
While specific laws vary by state, it is generally possible to take legal action against companies violating child labor laws. Whistleblower laws and certain state acts allow individuals to sue on behalf of the state or as third parties. Additionally, victims of child labor violations may have the opportunity to file lawsuits and receive damages.
