Labor Laws: Do Your Children Count As Employees?

The Fair Labor Standards Act (FLSA) is the primary law in the United States that regulates child labor. The FLSA establishes minimum wage, overtime pay, record-keeping, and youth employment standards. It prohibits the employment of children under 16 in non-hazardous occupations and the employment of children under 18 in hazardous occupations. While family businesses are allowed to employ relatives under 18, they must adhere to the FLSA's requirements to ensure children's safety and well-being. State laws also play a role in youth employment regulations, with varying minimum requirements and restrictions on labor by minors. Understanding these laws is crucial for employers, including those hiring their own children, to ensure compliance and provide a safe work environment for young employees.

The Fair Labor Standards Act (FLSA)

The FLSA's child labor provisions were enacted to ensure the safety and well-being of young workers and protect their educational opportunities. These provisions also offer limited exemptions. For example, children under 14 can be employed by their parents in non-hazardous occupations, and children can work for a parent in any occupation other than manufacturing, mining, or hazardous work, regardless of age and working hours. However, employers must comply with FLSA's overtime provisions for minor employees.

The FLSA does not require children to have work permits or papers, but many states do. It is essential to determine a minor's age, and employers should ask for age confirmation through documents such as a driver's license or birth certificate. While the federal government doesn't require proof-of-age certificates, many states do for workers under a certain age. Employers who violate the FLSA child labor provisions may face civil and criminal penalties.

Additionally, the FLSA allows employers to pay employees under 20 a lower minimum wage of $4.25 per hour for up to 90 calendar days of employment. After this period, the employee must receive the standard minimum wage, regardless of age. Employers cannot displace existing employees or reduce their hours, wages, or benefits to hire minors at the youth minimum wage.

Child labor provisions

Child labor laws in the United States are designed to ensure that when young people work, their health, well-being, and educational opportunities are not jeopardized. The Fair Labor Standards Act of 1938 (FLSA) is the primary federal law that restricts the employment and abuse of child workers. The FLSA establishes minimum wage, overtime pay, record-keeping, and youth employment standards. It prohibits the employment of children under 16 in non-hazardous occupations and those under 18 in hazardous occupations. Children under 14 cannot be employed unless federal law provides an exemption, such as allowing parents to employ their children in non-hazardous occupations.

The FLSA does not require children to have work permits, but many states do. These permits are typically issued by school guidance counseling offices and state labor departments. While the federal government doesn't require proof-of-age certificates, many states mandate them for workers under a certain age. It is crucial to verify the minor's age through reliable documents like a driver's license or birth certificate.

The FLSA allows employers to pay employees under 20 a lower minimum wage for up to 90 days. During this period, they must be paid a minimum of $4.25 per hour. After 90 days, they must receive the standard applicable minimum wage. Employers cannot replace existing employees with youth workers to pay them a lower wage.

Certain occupations and work arrangements are exempt from the FLSA, such as children working for parents in non-manufacturing, non-mining, or non-hazardous jobs. These children can be employed at any age and for any number of hours. However, violations of FLSA child labor provisions can result in civil and criminal penalties.

In addition to federal law, each state has its own child labor laws, with varying minimum requirements for the age, working hours, and safety regulations for youth employment. When state and federal laws differ, the law with the more rigorous standard applies.

Employment by parents

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards. The FLSA's goal is to protect children from working in harsh conditions by prohibiting oppressive child labour. The FLSA generally prohibits the employment of children under the age of 16 in non-hazardous occupations and the employment of children under 18 years old in hazardous occupations. A child under the age of 14 cannot be employed unless federal law explicitly provides for an exemption. For example, children under 14 can be employed by their parents in a non-hazardous occupation.

The FLSA's minimum age requirements do not apply to minors employed by their parents or guardians. However, an exception occurs in mining, manufacturing, and occupations where the minimum age requirement of 18 years old applies. Children who are 12 years old or younger are allowed to work for their parents, provided the business is solely owned by the parents and the occupation is non-hazardous. An example of a hazardous occupation is any job that involves the use of machines to process meat and package it, roofing jobs, window washing, and jobs that involve operating motor vehicles.

While there are no laws against hiring family members in private businesses, employing your child presents unique challenges, and there are some key laws that you must know. You should not rely on the child to tell you their correct age, but instead, ask for an ID that provides age confirmation. This could be a driver's license, birth certificate, or other reliable document. Knowing the child's age is necessary to determine which restrictions apply to their employment. Many states require proof-of-age certificates and work permits for workers under a certain age.

When there is a conflict between federal and state laws concerning child labour, parents are required to comply with the higher standard. For example, in Alabama, all children under the age of 16 are restricted to eight hours of work a day, 40 hours of work a week, and six days a week. In contrast, Idaho has more relaxed laws that allow children under 16 to work nine hours a day and 54 hours a week, but not between 9 pm and 6 am.

Work permits

The Fair Labor Standards Act (FLSA) has specific child labor provisions, including laws restricting the number of hours that children under 18 can work per day and what types of jobs they can do. The FLSA establishes a minimum wage, overtime pay, and record-keeping for part- and full-time child laborers on wages, hours, and other regular business practices. While the FLSA does not require work permits, employers who desire them can obtain a state-issued age certificate.

The purpose of age certificates is to protect employers from unintentional violations of child labor laws by officially documenting the employee's age. These certificates are typically issued by the state, but the Department of Labor will issue them if the minor's state does not or if the employer requests one.

In California, for example, all minors under the age of 18 employed in the state must have a permit to work, except in limited circumstances. The permit is issued by the minor's school or, during the summer months or when school is not in session, by the superintendent of the school district in which the minor resides.

In Maryland, minors under the age of 14 are typically not permitted to work, but an exception is made for family businesses. Minors in the under-14 and 14-15 groups can work up to 40 hours a week when school is not in session and no more than 18 hours per week during the school year.

State-specific labor laws

While there are no laws against hiring family members in private businesses, there are some key laws that you should know before hiring a minor, especially your own child. The Fair Labor Standards Act (FLSA) of 1938 is the key federal law on hiring minors as employees. The FLSA prohibits the employment of children under the age of 16 in non-hazardous occupations and the employment of children under 18 in hazardous occupations. A child under the age of 14 cannot be employed unless federal law provides for an exemption. For example, children under 14 can be employed by their parents in a non-hazardous occupation.

The FLSA does not require children to have a work permit, but many states do. Work permits are generally issued by school guidance counseling offices and state labor departments. Each state has its own 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 the number of hours they are allowed to work during the week.

New Jersey

In 2022, New Jersey passed a law increasing the number of hours teens can work during the summer months to 40 a week for 14 and 15-year-olds and 50 for 16 and 17-year-olds. The law also increased the number of hours minors can work before a break from five to six.

New Hampshire

New Hampshire passed a law in 2022 lowering the age for minors to bus tables where alcohol is served from 15 to 14. The law also increased the number of hours per week 16 and 17-year-olds can work and repealed a provision that limited the number of night shifts these teens can work per week.

Arkansas

In 2023, Arkansas passed a bill repealing restrictions on work for 14 and 15-year-olds. Under this law, children under 16 will no longer need to provide an employment certificate from the Division of Labor that verifies their age and parental consent to work.

Iowa

Iowa has proposed a bill that would lift restrictions on hazardous work, allowing children as young as 14 to work in meat coolers and industrial laundries, and teens as young as 15 to work on assembly lines. The bill also seeks to create special permits for 14.5-year-olds to drive themselves to and from work and allow teenagers 14-17 to perform various forms of hazardous work if approved as part of a "work-based learning program."

Ohio

In Ohio, a bill has been proposed to allow 14 and 15-year-olds to work until 9:00 p.m. during the school year. The bill was passed by the Senate in 2021 and 2022 but was not put to a vote in the House.

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