Abstract:
Spring has
sprung — and summer isn’t far off. For businesses that typically hire minors
for summer jobs, it’s a good idea to brush up on child labor laws. The U.S.
Department of Labor’s Wage and Hour Division recently announced that it’s stepping up efforts to identify child labor violations
in the Salt Lake City area. The news serves as a good reminder to companies
nationwide about the many details involved in employing children.
Offering
summer job opportunities? Double-check child labor laws
Summertime
isn’t far off. If you typically hire minors for summer jobs, it’s a good idea
to brush up on child labor laws before you hire.
In a March
2022 News Release (No. 22-546-DEN), the U.S. Department of Labor’s Wage and
Hour Division (WHD) announced that the department is stepping up efforts to
identify child labor violations in the Salt Lake City area. The news serves as
a good reminder to companies nationwide about the many details involved in
employing children.
Finer
points of the FLSA
The Labor Department
is the sole federal agency that oversees child labor and child labor laws. The
most sweeping federal law that governs the employment and abuse of child
workers is the Fair Labor Standards Act (FLSA), enforced by the WHD.
The law
restricts the hours that children under age16 can work and lists hazardous
occupations too dangerous for young workers to perform. Examples include the
operation of power-driven woodworking machines and jobs that involve exposure
to radioactive substances and ionizing radiators.
The FLSA
allows 14- and 15-year-old children to work outside of school hours in various
manufacturing, non-mining and non-hazardous jobs under certain conditions.
Permissible work hours for this age group are:
·
Three
hours on school days,
·
18
hours in a school week,
·
Eight
hours on non-school days,
·
40
hours in a non-school week, and
·
Between
7 a.m. and 7 p.m. (from June 1 through Labor Day, nighttime work hours are
extended to 9 p.m.).
Just
one example
The WHD news
release reveals the results of three specific investigations. In them, the government
found that employers had allowed minors to operate dangerous machinery and
committed other violations.
For
example, one restaurant allowed minors to operate or assist in operating a
trash compactor and a manual fryer, which are prohibited tasks for 14- and
15-year-old workers. The employer also allowed minors to work:
·
More
than three hours on a school day,
·
More
than 18 hours in a school week,
·
Past
7 p.m. from Labor Day through May 31,
·
Past
9 p.m. from June 1 through Labor Day, and
·
More
than eight hours on a non-school day.
The WHD assessed
the business $17,159 in civil money penalties.
Letter
of the law
In the
news release, WHD Director Kevin Hunt states, “Early employment opportunities
are meant to be valuable and safe learning experiences for young people and
should never put them at risk of harm. Employers who fail to keep minor-aged workers
safe and follow child labor regulations may struggle to find the young people
they need to operate their businesses.” Employers may also face substantial
financial penalties if they fail to follow the letter of the law.
Consult an
employment attorney for further details on the FLSA. We can help you measure
and manage your hiring and payroll costs, as well as tax responsibilities.
© 2023