Child Labor Laws: Us Territories' Compliance

Child labor laws in the United States are designed to address issues related to the employment and welfare of working children. The most comprehensive federal law restricting the employment and abuse of child workers is the Fair Labor Standards Act of 1938 (FLSA), which sets out provisions to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. The FLSA restricts the hours that youth under 16 can work and lists hazardous occupations that are too dangerous for young workers. While the US lags behind many European countries in terms of preventing child labor, it has passed several laws and agreements to prevent it, including the Tariff Act of 1930, the USMCA Forced Labor Provision, and the Uyghur Forced Labor Prevention Act. The US Department of Labor is responsible for enforcing child labor laws and supporting safe and quality workforce development programs for young workers.

Agricultural vs. non-agricultural child labor laws

Child labor laws in the United States are designed to ensure that children are safe in the workplace and that their jobs do not interfere with their health, well-being, or education. The Fair Labor Standards Act (FLSA) of 1938 is the main law regulating child labor in the country, and it sets certain standards for youth employed in both agricultural and non-agricultural work.

Agricultural Child Labor Laws

Agricultural child labor laws in the US permit children of any age to work at any time on a farm owned or operated by their parents or guardians. Minors aged 16 and above can work in any farm job without restrictions, while those aged 14 and 15 may work outside of school hours in jobs that are not deemed hazardous. Children aged 12 and 13 may work outside of school hours in non-hazardous jobs on farms that also employ their parents or guardians, or with written parental consent. Children under 12 may work outside of school hours in non-hazardous jobs with parental consent, but only on small farms that are exempt from federal minimum wage requirements.

There are several hazardous activities that children under 16 are prohibited from performing, such as operating certain machinery, working with hazardous chemicals, and specific tasks involving livestock. However, these prohibitions do not apply to children working on farms owned or operated by their parents or guardians.

Non-Agricultural Child Labor Laws

For non-agricultural jobs, children under 14 may not be employed, while children between 14 and 16 may be employed in allowed occupations during limited hours. Children between 16 and 17 may be employed for unlimited hours in non-hazardous occupations. There are exceptions to these rules, such as for employment by parents, newspaper delivery, and child actors.

State Child Labor Laws

It is important to note that each state in the US has its own child labor laws, which may differ from federal regulations. These laws often include requirements such as the minimum age for employment, the number of hours children are allowed to work per day and per week, and additional safety regulations. In cases where state law differs from federal law, the more rigorous standard applies.

State vs. federal child labor laws

Federal and state laws in the US govern child labour issues. The primary federal law is the Fair Labour Standards Act (FLSA) of 1938, which was enacted to ensure that young people work in safe environments that do not jeopardise their health, well-being, or educational opportunities. The FLSA establishes rules for full- and part-time workers in the private sector and in federal, state, and local governments, which vary depending on the age of the worker and their occupation.

The FLSA covers all employees of certain enterprises, regardless of the duties they perform. An important factor in determining coverage is interstate commerce, the generation of income over state lines by various means. If an employer engages in interstate commerce of any kind, its employees are covered by the FLSA and the relevant state's child labour laws. If an employee does not work for one of these enterprises, they may still be covered if their duties meet certain interstate commerce requirements. Additionally, if a business generates an income of $500,000 per year, it is subject to federal labour laws.

The FLSA sets 14 years of age as the minimum age for employment and limits the number of hours worked by minors under the age of 16. It also prohibits minors from working in hazardous jobs, such as driving and operating power equipment, and establishes requirements for specific types of jobs, like agricultural work or jobs requiring the operation of motor vehicles. Some exceptions may apply, including children working for their parents.

Minors aged 16 and 17 may perform any job not declared hazardous and are not subject to restrictions on hours. Minors aged 14 and 15 may work outside school hours in various non-manufacturing, non-mining, and non-hazardous jobs, with restrictions on days and hours: no more than 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. Additionally, minors under 16 may not work before 7 am or after 7 pm, except from June 1 through Labour Day, when evening hours are extended until 9 pm.

While the FLSA provides a baseline of protections for child workers, individual states have a wide range of restrictions on labour by minors, often requiring work permits for minors still enrolled in high school, limiting the times and hours that minors can work by age, and imposing additional safety regulations. When federal and state standards differ, employers must comply with both, and the rules that provide the most protection to youth workers will apply.

Child labor law violations

The main law regulating child labor in the US is the Fair Labor Standards Act of 1938 (FLSA). This law restricts the employment and abuse of child workers, and is designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. 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.

Despite these protections, child labor violations do still occur. Common violations include:

• Working longer or later than legally allowed
• Driving a motor vehicle or forklift
• Using meat-processing machines and vertical dough or batter mixers
• Performing jobs that are off-limits for their age

In February 2023, the US Department of Labor (DOL) issued new findings on an ongoing investigation of Packers Sanitation Services, Inc. (PSSI) for illegally employing over 100 children between the ages of 13 and 17 in hazardous occupations at meatpacking facilities owned by JBS, Cargill, Tyson, and others. These children worked overnight shifts cleaning sharp saws and other high-risk equipment, and at least three of them suffered injuries, including burns from cleaning chemicals.

In addition to this case, multiple factories in Hyundai-Kia's supply chain in Alabama are also under DOL investigation for employing children as young as 14. Many of these children are from Guatemalan migrant families.

The DOL has also reported that the number of minors employed in violation of hazardous occupation orders increased by 26% in 2022 compared to 2021, and that they are investigating over 600 child labor cases as of February 2023.

To address these issues, lawmakers at both the federal and state levels can take several actions. At the federal level, Congress should increase penalties for child labor violations, address the chronic underfunding of agencies that enforce labor standards, eliminate occupational carve-outs that allow for weaker standards in agricultural employment, and implement immigration reforms to curb the exploitation of unauthorized immigrants and unaccompanied migrant youth. At the state level, lawmakers should eliminate subminimum wages for youth, raise the minimum wage, eliminate the two-tiered system that fails to protect children from hazardous or excessive work in agriculture, strengthen labor standards enforcement, and empower young people to build and strengthen unions.

Child labor law exemptions

The Fair Labor Standards Act of 1938 (FLSA) is the primary law regulating child labor in the United States. The FLSA was enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being, or educational opportunities. While the FLSA provides limited exemptions, it is important to note that child labor laws are under attack in states across the country, with increasing violations and attempts to weaken protections. Here are some key exemptions and considerations regarding child labor law exemptions:

• Agricultural Employment : The FLSA does provide exemptions for agricultural employment, which has historically been excluded from child labor regulations. This has resulted in approximately 500,000 children working in agriculture, often under hazardous conditions and for long hours.
• Parental Employment : One of the exemptions to the FLSA rules is employment by parents. Children can be employed by their parents in certain occupations and for limited hours.
• Newspaper Delivery and Child Actors : The FLSA also exempts newspaper delivery and child actors from its regulations. These occupations may have different age and hour restrictions.
• State-Specific Laws : Each state has its own minimum requirements for child labor, including the earliest age a child may begin working, the number of hours they can work during the day and week, and additional safety regulations. In some cases, state laws may be more stringent than federal laws, and the more rigorous standard applies.
• Work Permits and Age Restrictions : Many states require work permits for minors still enrolled in high school and impose age restrictions on certain types of work.
• Hazardous Occupations : The FLSA lists hazardous occupations that are too dangerous for young workers to perform. These occupations are off-limits for anyone under 18 years of age.
• Minimum Wage and Overtime Exemptions : Section 13(a)(1) of the FLSA exempts certain "white-collar" employees from minimum wage and overtime pay requirements, including executive, administrative, professional, and outside sales employees. These employees must meet specific criteria, such as being paid a fixed salary and performing certain duties.
• Special Salary Levels for US Territories : The Department of Labor has set special salary levels for US territories, such as Puerto Rico, Guam, and American Samoa, which are lower than the standard salary level. These territories face unique economic challenges, and the special salary levels are intended to address those differences.

Child labor laws and work permits

Child labor laws in the United States are designed to ensure that when young people work, the work is safe and does not jeopardize their health, well-being, or educational opportunities. The main law regulating child labor is the Fair Labor Standards Act of 1938 (FLSA), which restricts the employment and abuse of child workers. Under the FLSA, children under 14 may not be employed in non-agricultural jobs, 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. The regulations for agricultural employment are generally less strict.

In addition to federal law, individual states have their own laws covering youth employment, with varying minimum requirements such as the earliest age a child may begin working, the number of hours they are allowed to work during the day and week, and restrictions on labor by minors. These state laws often require work permits for minors still enrolled in high school, limit the times and hours that minors can work by age, and impose additional safety regulations.

To ensure compliance with child labor laws, employers can utilize tools and resources provided by the United States Department of Labor, such as the YouthRules.gov website, which offers information on the child labor laws in each state and the jobs and tasks that are off-limits for anyone under 18 years of age. Employers can also refer to the elaws Advisors on Child Labor Rules, which provide guidelines for the employment of young workers in most jobs.

To address increasing violations of child labor laws, lawmakers at both the federal and state levels must take action. At the federal level, Congress should increase penalties for child labor violations, address the underfunding of agencies that enforce labor standards, eliminate occupational carve-outs that allow for weaker standards in agricultural employment, and implement immigration reforms to curb the exploitation of unauthorized immigrants and unaccompanied migrant youth. At the state level, lawmakers should eliminate subminimum wages for youth, raise the minimum wage, eliminate the two-tiered system that fails to protect children from hazardous or excessive work in agriculture, strengthen labor standards enforcement, and empower young people to build and strengthen unions.

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