Child Labor Laws: Under 18 Or 21?

Child labor laws in the United States aim to protect the health, welfare, and educational opportunities of minors in the workplace. These laws vary between states and apply to minors under the age of 18, with some laws targeting those under 16 or 14. The Fair Labor Standards Act (FLSA) is the primary federal law governing child labor, restricting work hours and prohibiting hazardous occupations. State laws may impose additional restrictions, such as work permits and more stringent hour limitations, and in cases where state and federal laws differ, the stricter law prevails to ensure greater protection for minors.

Child labor laws in the US apply to both agricultural and non-agricultural sectors

In the agricultural sector, the FLSA defines allowable employment by age. Children under 16 may be employed under certain circumstances, and those 16 and older may work without restriction. For example, children under 16 are prohibited from working in certain hazardous activities, such as operating tractors over 20 PTO horsepower or working with hazardous chemicals. On the other hand, children working on family-owned farms or for their parents may be exempt from minimum age and hazardous occupation requirements.

In the non-agricultural sector, the FLSA sets different standards. Children under 14 may not be employed, those between 14 and 16 may work in allowed occupations for limited hours, and those between 16 and 17 may work unlimited hours in non-hazardous occupations. There are exceptions to these rules, such as employment by parents, newspaper delivery, and child actors.

While the FLSA provides a federal framework, individual states have also adopted their own child labor laws, which may be more restrictive than the federal law. For example, some states require individuals to be 18 to work on a farm during school hours, while others have set 14 as the minimum age for farm work outside of school. Additionally, some states have set maximum daily and weekly hour limits for children under 16. As a result, employers must be aware of both federal and state child labor laws to ensure compliance.

Federal law prohibits children under 18 from working in hazardous occupations

• Manufacturing and storing explosives
• Driving a motor vehicle or working as an outside helper
• Coal mining
• Occupations in forest firefighting, forest fire prevention, timber tract management, forestry services, logging, and sawmilling operations
• Power-driven woodworking machines
• Exposure to radioactive substances and ionizing radiation
• Power-driven hoisting apparatus
• Power-driven metal-forming, punching, and shearing machines
• Mining, other than coal
• Power-driven meat-processing machines, slaughtering, and meat packing plants
• Power-driven bakery machines
• Balers, compactors, and power-driven paper products machines
• Manufacturing brick, tile, and related products
• Power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs
• Wrecking, demolition, and ship-breaking operations
• Roofing operations and work performed on or about a roof
• Trenching and excavation operations

The FLSA and its youth employment regulations establish both hours and occupational standards for young workers. While children of any age can generally work for businesses owned by their parents, those under 16 are prohibited from employment in mining or manufacturing. Once a youth reaches 18, they are no longer subject to federal youth employment provisions and may perform any job, hazardous or not.

State and federal laws have different child labor standards, and the stricter law is applied

Child labor laws in the United States are designed to ensure that young workers are safe and that their health, well-being, and educational opportunities are not jeopardized by their employment. The Fair Labor Standards Act (FLSA) of 1938 is the primary federal law that restricts the employment and abuse of child workers. It establishes minimum age standards for employment and lists hazardous occupations that are too dangerous for young workers.

State and federal laws have different child labor standards, and when both are applicable, the stricter law must be followed. States have varying laws covering youth employment, including 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 additional safety regulations. For example, Florida's Child Labor Law protects minors between the ages of 14 and 17 and requires employers to post the state's Child Labor Law Poster.

The United States Department of Labor provides information on the minimum requirements for agricultural work in each state. In some cases, state laws may conflict with federal laws, and it is important to note that where state law differs from federal law on child labor, the law with the more rigorous standard applies. This ensures that young workers are protected by the strongest possible regulations, regardless of their location.

The enforcement of child labor laws is crucial to prevent violations and protect the welfare of minors in the workplace. Both federal and state agencies play a role in enforcing these laws and addressing any violations or exploitation of young workers.

Children under 14 may not be employed in non-agricultural jobs

In the United States, child labor laws are governed by the Fair Labor Standards Act (FLSA) of 1938. The FLSA was enacted to ensure that young workers are not exposed to unsafe working conditions that could jeopardize their health, well-being, or educational opportunities.

Children under 14 years of age are prohibited from working in non-agricultural jobs covered by the FLSA. However, there are some exceptions to this rule. For instance, children under 14 can deliver newspapers, babysit casually, work as actors or performers, or work for a business owned entirely by their parents, as long as it is not in mining, manufacturing, or any of the 17 hazardous occupations.

The Hazardous Occupations Orders (HO) established by the FLSA set the minimum age at 18 for non-agricultural jobs deemed particularly hazardous or detrimental to the health and well-being of 16 and 17-year-olds. There are currently 17 HOs, including bans or restrictions on working with explosives, driving motor vehicles, coal mining, forest fire-related work, operating power-driven machinery, exposure to radioactive substances, and more.

State laws also play a role in governing child labor. For example, the Florida Child Labor Law protects minors between 14 and 17 years old, aiming to safeguard their health, welfare, and education. It sets requirements for employers, educators, and parents, and provides information on work permits, hour limitations, breaks, and waivers.

It is important to note that child labor laws vary by state, and employers must comply with both federal and state regulations.

Children under 16 may work in allowed occupations for limited hours

In the United States, the Fair Labor Standards Act (FLSA) and the youth employment regulations issued at 29 CFR, Part 570, establish both hours and occupational standards for youth. The basic minimum age for employment is 16 years. However, children of any age are generally permitted to work for businesses entirely owned by their parents, except for those under 16, who may not be employed in mining or manufacturing.

For children under 16, there are specific rules and restrictions in place regarding the types of work they can undertake and the number of hours they can work. Here is an overview of the regulations:

Occupations

Children under 16 are prohibited from working in certain hazardous occupations as outlined by the Hazardous Occupations Orders (HO). These include:

• Manufacturing or storing explosives
• Driving a motor vehicle or working as an outside helper on motor vehicles
• Coal mining
• Occupations related to forest fire fighting, forest fire prevention, timber tract management, forestry services, logging, and sawmills
• Operating power-driven woodworking machines, metal-forming machines, and metal-shearing machines
• Exposure to radioactive substances and ionizing radiation
• Operating power-driven hoisting apparatus such as forklifts, elevators, cranes, etc.
• Mining (other than coal)
• Operating power-driven meat-processing machines and working in meat-packing plants
• Operating power-driven bakery machines
• Operating balers, compactors, and power-driven paper product machines
• Manufacturing of brick, tile, and related products
• Operating power-driven circular saws, band saws, guillotine shears, and other similar equipment
• Wrecking, demolition, and ship-breaking operations
• Roofing operations and work performed on or about a roof
• Trenching and excavation operations

Hours

The Federal youth employment provisions place restrictions on the times of day and the number of hours that children under 16 can work. Here are the guidelines:

• Outside school hours only
• No more than 3 hours on a school day, including Fridays
• No more than 8 hours on a non-school day
• No more than 18 hours during a school week
• No more than 40 hours during a non-school week
• Between 7 a.m. and 7 p.m., except between June 1 and Labor Day when the evening hour is extended to 9 p.m.

These regulations aim to ensure that young people can gain positive and safe employment experiences that do not jeopardize their health, well-being, or educational opportunities.

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