Child Labor Laws: Protection For Minors Underage

Child labor laws are a complex web of federal and state legislation designed to protect the educational opportunities, health, and safety of young workers in the United States. The primary federal law governing child labor is the Fair Labor Standards Act (FLSA), enacted in 1938, which sets a minimum age for employment, restricts work hours for minors, and prohibits hazardous occupations. However, the FLSA does not cover agricultural employment, and each state has its own laws and requirements for youth employment, including minimum age, work hours, and safety regulations. While the FLSA sets the minimum standards, state laws can provide additional protections, and in cases where federal and state laws differ, the stricter law prevails to safeguard minors.

The Fair Labor Standards Act (FLSA)

The FLSA's child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. The FLSA sets the general minimum age for employment at 14 years old and limits the number of hours worked by minors under 16. It prohibits the employment of minors in jobs declared hazardous by the Secretary of Labor, such as excavation, driving, and operating power-driven equipment. The FLSA also establishes an 18-year minimum age for nonagricultural occupations deemed particularly hazardous or detrimental to the health and well-being of 16 and 17-year-olds.

The FLSA's youth employment provisions outline the times of day, number of hours, and types of occupations in which 14 and 15-year-olds may be employed. For example, they can only work outside school hours, for a maximum of 3 hours on a school day, and 18 hours during a school week. They are permitted to work in most office jobs, retail, and food service establishments, as well as intellectual or creative occupations. However, they are prohibited from working in hazardous occupations, transportation, construction, and operating power-driven machinery, except for office machines.

In addition to the FLSA, each state has its own laws relating to child labor, and employers must comply with the law that provides the most protection for minors.

State vs Federal Law

In the United States, child labor laws are governed by both Federal and state laws. The Fair Labor Standards Act (FLSA) establishes federal child labor rules, which apply to all employees of certain enterprises, regardless of the duties they perform. These rules vary depending on the age of the youth worker and their occupation. The FLSA sets a general minimum age for employment at 14 years old and limits the number of hours worked by minors under 16. It also prohibits minors from working in hazardous jobs and includes requirements for specific types of jobs, such as agricultural work.

State laws also play a significant role in child labor regulations, as each state has its own set of laws addressing this issue. When federal and state standards differ, the rules that provide the most protection to young workers will apply. For example, while the FLSA does not require minors to obtain work permits, many states do. Similarly, the FLSA does not restrict the number of hours or times of day that workers 16 years of age and older can be employed, but many states have such restrictions in place.

In terms of specific occupations, the FLSA establishes an 18-year minimum age for non-agricultural occupations that are considered particularly hazardous for 16 and 17-year-olds or detrimental to their health and well-being. There are currently 17 Hazardous Occupations Orders (HO) that include partial or total bans on certain industries, such as explosives manufacturing, driving motor vehicles, coal mining, and logging.

While the FLSA provides federal guidelines, it is important to note that each state may have its own unique set of child labor laws, and employers must comply with both federal and applicable state laws. These state laws can differ from federal laws, and in such cases, the stricter law will take precedence. Therefore, it is essential for employers to be aware of both federal and state regulations to ensure compliance and provide safe working conditions for young workers.

Employment Certificates

In the US, the Fair Labor Standards Act (FLSA) sets the minimum age for employment at 14 years old and limits the number of hours worked by minors under the age of 16. The FLSA also prohibits the employment of minors in jobs deemed hazardous by the Secretary of Labor, such as work involving excavation, driving, and operating power-driven equipment. In addition to federal laws, each state has its own child labor laws, and employers must comply with the law that is more protective of minors in cases where state and federal laws overlap.

Some states require minors to obtain employment certificates or work permits, which are issued by schools, government agencies, or other designated entities. These certificates verify the minor's age and ensure that the employment complies with applicable laws and regulations. The specific requirements and procedures for obtaining employment certificates vary by state. For example, in Georgia, minors under 16 must obtain a work permit from a school issuing officer or the county school superintendent's office. In Illinois, the Department of Labor is transitioning to a paperless system for employment certificates, which can only be accessed by authorised issuing officers.

It's important to note that the requirements for employment certificates differ based on the age of the minor, the type of work, and the state in which the work is performed. Some states, like Indiana, have transitioned from work permits to employer registration systems, where employers must register minors in a database maintained by the state's Department of Labor. Other states, like California, consider work permits as certificates of age, providing proof of the minor's eligibility to work.

To summarise, employment certificates are an essential component of child labor laws, ensuring that minors are protected from hazardous work and that their employment complies with applicable regulations. Employers must be diligent in understanding the specific requirements of their state and adhere to both federal and state laws governing youth employment.

Legal Hours and Jobs for Minors

The Fair Labor Standards Act (FLSA) sets wage, hours worked, and safety requirements for minors (individuals under 18) working in jobs covered by the statute. The rules vary depending on the age of the minor and the job involved. As a general rule, the FLSA sets 14 years old as the minimum age for employment, and limits the number of hours worked by minors under 16.

The FLSA prohibits the employment of minors in work declared hazardous by the Secretary of Labor, such as excavation, driving, and operating power-driven equipment. Certain jobs are exempt from these restrictions, such as agricultural work and operating motor vehicles. Each US state has its own laws relating to the employment of minors, and these vary from state to state. If state law and the FLSA overlap, the law that is more protective of minors will apply.

Hours for 14 and 15-Year-Olds

When school is in session, 14 and 15-year-olds are limited to working:

• No more than 3 hours on a school day
• No more than 8 hours on a non-school day
• No more than 18 hours in any week
• No more than 6 days in any week

During weeks when school is not in session, and during vacations, 14 and 15-year-olds:

May not work more than 40 hours a week

Hours for 16 and 17-Year-Olds

Sixteen and 17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor.

In New York State, 16 and 17-year-olds:

• May work between 10 pm and midnight on a day before a school day with written permission from a parent or guardian and a certificate of satisfactory academic standing from their school
• May not work more than 48 hours a week during weeks when school is not in session, and during vacations

Jobs for 14 and 15-Year-Olds

Jobs that 14 and 15-year-olds may hold include:

• Most office jobs and retail and food service establishments
• Bagging groceries, office work, stocking shelves, and cashiering
• Intellectual or artistically creative occupations such as teacher, musician, artist, and performer
• Limited kitchen work involving the preparation of food and beverages
• Acting as lifeguards and swimming instructors at traditional swimming pools and water amusement parks, with appropriate certification

Jobs that 14 and 15-year-olds may not hold include:

• Any of the Hazardous Occupations Orders (HO) or most occupations involving transportation, construction, warehousing, communications, and public utilities
• Processing, mining, any workroom or workplace where goods are manufactured or processed, freezers, or meat coolers
• Operating or tending any power-driven machinery, except office machines
• Performing any baking operations
• Youth peddling, sign waving, or door-to-door sales activities
• Working from ladders, scaffolds, or their substitutes
• Catching or cooping poultry

Jobs for Under 14-Year-Olds

Children under 14 may not be employed in non-agricultural occupations covered by the FLSA. Permissible employment includes:

• Delivering newspapers to the consumer and acting
• Completing minor chores around private homes or casual babysitting

Jobs Too Hazardous for Minors

In the United States, the Fair Labor Standards Act (FLSA) sets the minimum age for employment in non-agricultural jobs at 18 years old if the work is deemed hazardous by the Secretary of Labor. These hazardous jobs are prohibited for anyone under 18 years of age and include:

• Manufacturing or storing explosives.
• Driving a motor vehicle or working as an outside helper on a motor vehicle.
• Forest fire fighting and fire prevention, timber tract management, forestry services, logging, and sawmill occupations.
• Operating power-driven woodworking machines.
• Working with radioactive materials or in an area with exposure to radioactive substances.
• Operating power-driven hoisting apparatus, such as forklifts, cranes, and elevators.
• Operating power-driven metal-forming, punching, and shearing machines.
• Mining, other than coal mining.
• Operating power-driven meat-processing machines or working in meat and poultry slaughtering, processing, or packing plants.
• Operating power-driven bakery machines.
• Operating balers, compactors, and certain power-driven paper products machines.
• Manufacturing brick, tile, and related products.
• Operating 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 all work on or about a roof.
• Trenching and excavation operations.

While the FLSA sets the minimum working age at 14 for non-hazardous jobs and 16 for all jobs other than those declared hazardous, it is important to note that child labor laws vary from state to state, and each state has its own regulations. These laws are designed to ensure that young people's health, well-being, and educational opportunities are not jeopardized by their employment.

Frequently asked questions