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Hiring Students for Summer Jobs? Update Yourself on the New Child Labor Laws
Soon, school will be out for the summer, and students will be seeking summer jobs. If your company employs anyone under 18, be aware that federal child labor laws, as part of the Fair Labor Standards Act (FLSA), have changed. Here is a summary of the current federal regulations:
(Note: You also should check the child labor standards of your state. If they differ from the federal regulations, you must comply with the rules offering more protection for working youth.)
Age limits
FLSA generally establishes 14 as the minimum employment age, with some exceptions. For example, a child under 14 may generally deliver newspapers, baby-sit on a casual basis, perform as an actor, or work in a business solely owned by his or her parents. However, the job must not entail manufacturing, mining or any of the hazardous activities prohibited under the FLSA (discussed below).
Time limits
Employers face no federal restrictions on the hours that 16- and 17-year-olds may work. But workers 14 and 15 years of age may only work up to three hours on school days, eight hours on non-school days, 18 hours per school week, and 40 hours per non-school week. What's more, their work hours must be between 7 a.m. and 7 p.m. (9 p.m. from June 1 until Labor Day).
Prohibited hazards
Several types of non-farm work activities deemed hazardous by the Department of Labor are generally prohibited for workers under 18.* These include manufacturing or storage of explosives; mining; logging; saw-milling; manufacturing of brick, tile or related products; wrecking and demolition; excavating; work involving radioactive substances; or serving as an outside helper on a motor vehicle. Previous rules prohibited roofing, and the new rules expand this
to disallow working on or near a roof. In addition, work-related driving is prohibited for employees under 17 and limited for 17-year-olds.
Several types of power-driven equipment are also generally prohibited for workers under 18. Examples are saws and other machines used on wood or metal; meat processing or packing equipment, including slicing machines; paper-product machines, including balers and compactors; bakery machines such as mixers; and most hoisting equipment.
With a few exceptions, youths under 16 may not work in communications, public utilities, construction, warehousing or transportation. They also are not permitted to operate most types of power-driven equipment. Under the revised regulations, baking and cooking over an open flame are prohibited; deep-frying and cleaning cooking equipment are only allowed under specific conditions.
Know the rules
If your company employs teens, make sure you are familiar with the applicable labor laws. G.Neil can help with our handy reference guide, “Wage & Hour Law Understood.” It contains an updated section on the new child labor regulations, as well as information and practical advice regarding a host of other wage and hour issues — all in clear, easy-to-understand language.
*With some of these hazardous activities and equipment, limited exemptions may be allowed for apprentices and student-learners who are at least 16 and enrolled in approved programs.
May 2005
About the Author
Based in suburban Fort Lauderdale, Fla., privately held G.Neil Corp. offers more than 7,000 "tools to manage and motivate people" to more than 1 million U.S. businesses. For further information, call toll-free 1-800-999-9111 or visit http://www.gneil.com.
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