For many kids (and school staff), the last bell before winter break heralds freedom and fun. But many teenagers also use the extended time off from school to squeeze in some extra paid work. That means employers should brush up on their obligations under child labor laws. Doing so is especially important since the United States Department of Labor (DOL) announced an increased focus on identifying and stopping unlawful child labor earlier this year. On the heels of this initiative, we outlined best practices for manufacturing employers to avoid inadvertent use of child labor.
In this article, we outline key child labor requirements for companies across industries, as compliance with these requirements is likewise under the DOL’s microscope. Namely, the DOL enforces the Fair Labor Standards Act (FLSA) regulations which dictate when and where children aged 14 to 17 can work. The DOL can (and has been with increasing frequency) investigate employers to review compliance with these parameters — and penalize employers who do not comply.
RESTRICTIONS ON WORK HOURS
Under FLSA regulations, children aged 14 and 15 may not work:
- During school hours;
- More than 3 hours on a school day, including Friday;
- More than 8 hours on a non-school day, such as during winter break;
- More than 18 hours during a week when school is in session;
- More than 40 hours during a week when school is not in session, such as during winter break — meaning no overtime for this group; or
- Before 7:00 a.m. or after 7:00 p.m. (except between June 1 and Labor Day, when the evening hour is extended to 9:00 p.m.) — meaning, you guessed it, no work after 7:00 p.m. during winter break.
Keep in mind that state laws often set stricter work hours requirements. For example, while the FLSA does not restrict work hours for children aged 16 and 17, many state laws do.
RESTRICTIONS ON WORK ENVIRONMENTS
FLSA regulations also ban 14- and 15-year-olds from working in anything other than a list of specified environments. For example, they may work in:
- Most office jobs;
- Most retail and food service establishments;
- Occupations like bagging groceries, stocking shelves, and cashiering;
- Intellectual or artistically creative occupations, like as a musician, artist, or performer;
- Limited kitchen work involving cleaning and preparation of food and beverages (but no “cooking” unless certain conditions are satisfied, and no baking); and
- Clean-up work and grounds maintenance (so long as certain power equipment is not used).
For the 16- and 17-year-old cohort, the FLSA prohibits working in “Hazardous Occupations,” which are identified in a series of “Hazardous Occupation Orders” (“HOs”). The HOs prohibit working in or with:
| HO 1 | Manufacturing and storing of explosives. |
| HO 2 | Driving a motor vehicle and being an outside helper on a motor vehicle. |
| HO 3 | Coal mining. |
| HO 4 | Forest fire fighting and fire prevention, timber tract management, forestry services, logging, and sawmill occupations. |
| HO 5* | Power-driven woodworking machines. |
| HO 6 | Exposure to radioactive substances. |
| HO 7 | Power-driven hoisting apparatus. |
| HO 8* | Power-driven metal-forming, punching, and shearing machines. |
| HO 9 | Mining (other than coal mining). |
| HO 10 | Meat and poultry packing or processing (including the use of power-driven meat slicing machines). |
| HO 11 | Power-driven bakery machines. |
| HO 12* | Balers, compactors, and paper-products machines. |
| HO 13 | Manufacturing brick, tile, and related products. |
| HO 14* | Power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs. |
| HO 15 | Wrecking, demolition, and shipbreaking operations. |
| HO 16* | Roofing operations and all work on or about a roof. |
| HO 17* | Excavation operations. |
The asterisk* indicates that there are student-learner and apprenticeship exemptions, which typically involve specific criteria that employers must meet in order to employ a 16- or 17-year-old in the occupation. (Please note: No 14- or 15-year-old is ever permitted to work in an HO.) This winter break, remember that “HO, HO, HO” is generally a “no, no, no” for minor employees.
BOTTOM LINE: BE CAREFUL WITH THE KIDS!
Employing minors can be a great way for them to gain valuable real-world experience and, of course, money. But employers should take care to ensure that their minor employees are scheduled appropriately and are not permitted to work in any prohibited tasks or with any prohibited equipment. Don’t let the extra help around the holidays trigger a DOL investigation or child labor law violation!
