Post by Harley Scarow on Mar 21, 2006 0:23:29 GMT -5
How do Child Labor Laws Affect Those Involved In Child Labor?
The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. The most sweeping federal law that restricts the employment and abuse of child workers is the Fair Labor Standards Act (FLSA). Child labor provisions under FLSA are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. FLSA restricts the hours that youth under 16 years of age can work and lists hazardous occupations too dangerous for young workers to perform. The Wage and Hour Division of the Department’s Employment Standards Administration handle enforcement of the FLSA’s child labor provisions. The Department's YouthRules! Initiative seeks to promote positive and safe work experiences for young workers. The Employment and Training Administration. Sponsors many programs designed to provide training opportunities and job placement assistance programs for America’s youth. The Department's Bureau of International Labor affairs (ILAB) International Child Labor Program’s efforts and activities include research and reporting on international child labor, administering grants to organizations engaged in efforts to eliminate child labor, and working to raise public awareness and understanding of the problem of abusive child labor. The Bureau of Labor Statistics, which serves as a statistical resource to the Department of Labor, gathers statistics on a variety of subjects including those related to child labor and other types of labor.
The Fair Labor Standards Act (FLSA) sets wage, hours worked, and safety requirements for minors (individuals under age 18) working in jobs covered by the statute. The rules vary depending upon the particular age of the minor and the particular job involved. As a general rule, the FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours worked by minors under the age of 16. Also, the FLSA generally prohibits the employment of a minor in work declared hazardous by the Secretary of Labor (for example, work involving excavation, driving, and the operation of many types of power-driven equipment). The FLSA contains a number of requirements that apply only to particular types of jobs (for example, agricultural work or the operation of motor vehicles) and many exceptions to the general rules (for example, work by a minor for his or her parents). Each state also has its own laws relating to employment, including the employment of minors. If state law and the FLSA overlap, the law, which is more protective of the minor, will apply. Posting requirements: Nonagricultural employers must also post the Labor Department-issued Minimum Wage Poster listing minimum age requirements in a prominent place at the worksite. The following links will help in determining whether a particular job is covered by the FLSA, whether any special conditions apply, and obtaining additional information, including state law, relating to the employment of minors. Child labor laws vary from state to state. Please consult your state department of labor for this information. In farm work, permissible jobs and hours of work vary by age. Parental exemption: their parents at any may employ Minors of any age and any time in any occupation on a farm owned or operated by his or her parent(s). All exemptions to agricultural employment rules are statutory in nature and the Department's regulations reflect laws enacted by the U.S. Congress. Many states’ statutes and regulations place tighter restrictions on farm work hours performed by minors.
Laws and regulations limiting the extent of work that children can perform have been in place for many years. However, within the limits of these laws, many youths are employed in seasonal or year-round jobs. The Bureau of Labor Statistics (BLS) regularly conducts research and provides reports on trends in youth labor.
A gateway providing quick access to information about federal and state labor laws that applies to young workers. The web page includes information designed to educate teens, parents, educators, and employers about the hours youth can work, the jobs youth can do, and how to prevent workplace injuries.
Many states regulate the employment of minors in door-to-door sales. The Fair Labor Standards Act's (FLSA) minimum age requirements do not apply to minors employed by their parents, or by a person acting as their guardian. An exception to this occurs in mining, manufacturing and occupations where the minimum age requirement of 18 years old applies. State laws often follow the same pattern as the Fair Labor Standards Act with regard to minors working for their parents. Consult your state department of labor for specific guidance.
The federal government, including the Department of Labor, sponsors a wide variety of job training and job placement assistance programs for America’s youth. Here are just a few of the opportunities available to them. The Department's Employment and Training Administration (ETA) is the primary agency responsible for such programs.
The Wage & Hour Division's enforcement of the Fair Labor Standards Act (FLSA) is carried out by investigators stationed across the United States These investigators gather data on wages, hours, and other employment conditions or practices, in order to determine compliance with the law. Where violations are found, they also may recommend changes in employment practices to bring an employer into compliance. It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA. Willful violations may be prosecuted criminally and the violator fined up to $10,000. A second conviction may result in imprisonment. Violators of the child labor provisions are subject to a civil money penalty of up to $10,000 for each employee who was the subject of a violation. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty of up to $1,000 for each violation. The FLSA prohibits the shipment of goods in interstate commerce, which were produced in violation of the minimum wage, overtime pay, child labor, or special minimum wage provisions. The Department of Labor regularly issues news releases regarding egregious violations of child labor laws. Some companies make agreements with the Department to strengthen compliance within their industry. Examples of these agreements are also referenced here. State laws and regulations are very specific about monetary, civil and criminal penalties that can be imposed on employers who violate child labor laws.
Minors employed as actors or performers in motion pictures or theatrical productions, or in radio or television productions are exempt from Fair Labor Standards Act (FLSA) coverage. Therefore, FLSA rules regarding total allowable number of work hours in one day and allowable times of day to work do not apply. Many states regulate the employment of minors in the entertainment industry more strictly than does the Fair Labor Standards Act.
The Fair Labor Standards Act (FLSA) provides for certain exemptions. Minors under age 16 working in a business solely owned or operated by their parents or by persons standing in place of their parents, can work any time of day and for any number of hours. However, parents are prohibited from employing their child in manufacturing or mining or in any of the occupations declared hazardous by the Secretary of Labor. Other exemptions to the FLSA are detailed in the links listed below. All exemptions to agricultural employment rules are statutory in nature and the Department's regulations reflect laws enacted by the U.S. Congress.
The Fair Labor Standards Act (FLSA) prohibits minors under age 18 years old to work in any occupation that it deems to be hazardous. Among these occupations are excavation, manufacturing explosives, mining, and operating many types of power-driven equipment. Certain industries allow minors under age 18 to perform certain tasks at worksites, whose primary work activity is dangerous, but these tasks are very specific and the state and federal government closely monitor compliance. Child labor laws vary from state to state.
The Department of Labor and other federal government agencies sponsor many efforts to end abusive child labor abroad. The Department's Bureau of International Labor Affair's (ILAB) program created in 1993 in response to a Congressional request to investigate and report on abusive child labor around the world.
Minors employed in the delivery of newspapers to consumers are exempt from Fair Labor Standards Act (FLSA) child labor provisions, as well as the wage and hours provisions. This exemption applies to carriers engaged in making deliveries to the homes of subscribers or other consumers of newspapers (including shopping news). It also includes employees engaged in the street sale or delivery of newspapers to the consumer. However, employees engaged in hauling newspapers to drop stations, distributing centers, and newsstands are not exempted because they do not deliver to the consumer.
The Fair Labor Standards Act (FLSA) sets wage, hours worked, and safety requirements for minors (individuals under age 18) working in jobs covered by the statute. The rules vary depending upon the particular age of the minor and the particular job involved. As a general rule, the FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours worked by minors under the age of 16. Also, the FLSA generally prohibits the employment of a minor in work declared hazardous by the Secretary of Labor (for example, work involving excavation, driving, and the operation of many types of power-driven equipment). The FLSA contains a number of requirements that apply only to particular types of jobs (for example, agricultural work or the operation of motor vehicles) and many exceptions to the general rules (for example, work by a minor for his or her parents). Each state also has its own laws relating to employment, including the employment of minors. If state law and the FLSA overlap, the law, which is more protective of the minor, will apply.
The Fair Labor Standards Act (FLSA) requires employers to prominently post various notices pertaining to specific requirements of the Act in the workplace. The poster that specifically addresses the concerns of young workers is the "Minimum Wage Poster," which states the allowable work hours and times for employees under the age of 18. This poster also clearly states the fines for violation of child labor laws.
The Fair Labor Standards Act (FLSA) sets 14 years of age as the minimum age for employment, but restricts hours of work and allowable occupations for 14- and 15-year-olds. Rules and prohibited jobs vary depending on the age of the youth worker and his or her occupation. Hazardous work. The FLSA prohibits minors under age 18 years old to work in any occupation that it deems to be hazardous. Among these occupations are excavation, manufacturing explosives, mining, and operating many types of power-driven equipment. Certain industries allow minors under age 18 to perform certain tasks at worksites, whose primary work activity is dangerous, but these tasks are very specific and the state and federal government closely monitor compliance. Different age requirements apply to the employment of minors in agriculture. Minors under age 16 may not engage in occupations involving the operation of corn pickers, grain combines, and power post-hole diggers, and other types of farm equipment. Posting requirements. Nonagricultural employers must also post the Labor Department-issued Minimum Wage Poster listing minimum age requirements in a prominent place at the worksite.
The Department of Labor has a number of resources and teaching aids for educators to use in developing class curricula. There are many pages written for a student audience on youth employment rules, as well as information for school administrators and guidance counselors on educational requirements for various jobs, and job training and placement programs.
Parents of young workers need to know what employers can and cannot require of their children in the workplace.
The Fair Labor Standards Act (FLSA) 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 and well-being. The provisions include restrictions on hours of work for minors under 16 and lists of hazardous occupations orders for both farm and non-farm jobs declared by the Secretary of Labor to be too dangerous for minors to perform. Further information on hazardous occupations and workplace safety is available from the Department of Labor’s local Wage & Hour offices.
The Department of Labor posts special Web pages for young people; both for those old enough to work and those not old enough, that provides information on topics ranging from student volunteerism to job safety. The federal government, including the Department of Labor, sponsors a wide variety of job training and job placement assistance programs for America’s youth. The Department's Employment and Training Administration (ETA) is the primary agency responsible for such programs.
The safety of young workers is of paramount importance to the Department of Labor. In recent years, the Department has increased its efforts to educate both employers and teenaged workers about on-the-job safety. Youth employment increases significantly during the summer; so many of these efforts are geared toward minors who work at amusement parks and fast food restaurants. Below is a list of resources for employers of minors and for minors themselves. Both groups have a vested interest in educating themselves on workplace safety. The Department's Occupational Safety & Health Administration enforces workplace safety laws. The Department maintains partnerships with the National Institute for Occupational Safety and Health, the American Academy of Pediatrics, and the National Consumer's League designed to provide important information about on-the-job safety to employers, parents, and working teens. Many states have workplace safety rules that go beyond the Fair Labor Standards Act requirements. Please consult your state department of labor for more specific information.
Every state has laws specifically dealing with child labor issues. When federal and state standards are different, the rules that provide the most protection to youth workers will apply. Employers must comply with both federal law and applicable state laws. Federal child labor rules are established by the Fair Labor Standards Act (FLSA) FLSA rules affect full- and part-time workers in the private sector and in the federal, state, and local governments. The rules vary depending on the age of the youth worker and his or her occupation. The FLSA "covers" or applies to all employees of certain enterprises. All employees of an enterprise, as defined by the FLSA, are covered regardless of the duties they perform. An important factor in determining coverage is interstate commerce, the generation of income over state lines by various means. If an employer engages in interstate commerce of any kind, the FLSA and child labor laws in its state cover its employees. If an employee is not an employee of one of these enterprises, he or she may still be covered if the employee’s own duties meet certain interstate commerce requirements. In addition, if a business generates income of $500,000 per year, it is subject to federal labor laws. Section 12(a) of the FLSA covers youth employed in an establishment in which goods are produced for commerce. Under this provision, the youth does not have to be personally engaged in the production of goods for interstate commerce to be protected by the child labor provisions of the FLSA. As long as somewhere in or about the establishment where the youth is employed, or within 30 days of the youth's employment, goods are produced and removed for shipment in commerce, the child labor provisions of the FLSA protect the youth.
The federal minimum wage is $5.15 per hour. Occupations such as babysitting are not subject to the minimum wage law. The Fair Labor Standards Act (FLSA) requires a minimum of not less than $4.25 per hour for employees less than 20 years of age during their first 90 consecutive calendar days of employment with an employer. After 90 days of employment, or when the worker reaches age 20 (whichever comes first), the worker must receive the minimum wage. Employers are prohibited from taking any action to displace employees in order to hire employees at the youth minimum wage. Also prohibited are partial displacements such as reducing employees’ hours, wages, or employment benefits. Certain full-time students, student learners, apprentices and workers with disabilities may be paid less than the minimum wage under special certificates from the Secretary of Labor. This is commonly referred to as the sub-minimum wage. Tipped. A tipped employee is any employee working in an occupation in which he or she regularly receives more than $30 a month in tips. Many states have higher direct wage amounts for tipped employees. Where state law requires a higher minimum wage, which many do, that higher standard applies.
Under the Fair Labor Standards Act (FLSA), youths 14 and 15 years old may work outside school hours in various non-manufacturings, non-mining, non-hazardous jobs under certain conditions. Permissible work hours for 14- and 15-year-olds are: 3 hours on a school day; 18 hours in a school week; 8 hours on a non-school day; 40 hours in a non-school week; and between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m.
The federal government does not require work permits or proof-of-age certificates for a minor to be employed. Many states, however, do require them for workers of certain ages. In addition to state labor departments, school guidance counselors might know if permits or proof-of-age certificates are required in that particular state. The Department of Labor will issue age certificates if the minor employee's state does not issue them, or if the minor is requested by his or her employer to provide one. However, the vast majority of age certificates are issued by states. The purpose of these certificates is to protect the employer from prosecution for employing an under-aged worker. The possession of an age certificate constitutes a good faith effort to comply with minimum age requirements. Some states require work permits or age certificates for young workers. In fact, most of the age certificates issued to young workers are issued by states. The fines for violation of this requirement can result in a monetary penalty for the employer.
Those are all of the pros and cons of Child Labor law. Child Labor has become something more organized and civilized today than what it was a long time ago.
The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. The most sweeping federal law that restricts the employment and abuse of child workers is the Fair Labor Standards Act (FLSA). Child labor provisions under FLSA are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. FLSA restricts the hours that youth under 16 years of age can work and lists hazardous occupations too dangerous for young workers to perform. The Wage and Hour Division of the Department’s Employment Standards Administration handle enforcement of the FLSA’s child labor provisions. The Department's YouthRules! Initiative seeks to promote positive and safe work experiences for young workers. The Employment and Training Administration. Sponsors many programs designed to provide training opportunities and job placement assistance programs for America’s youth. The Department's Bureau of International Labor affairs (ILAB) International Child Labor Program’s efforts and activities include research and reporting on international child labor, administering grants to organizations engaged in efforts to eliminate child labor, and working to raise public awareness and understanding of the problem of abusive child labor. The Bureau of Labor Statistics, which serves as a statistical resource to the Department of Labor, gathers statistics on a variety of subjects including those related to child labor and other types of labor.
The Fair Labor Standards Act (FLSA) sets wage, hours worked, and safety requirements for minors (individuals under age 18) working in jobs covered by the statute. The rules vary depending upon the particular age of the minor and the particular job involved. As a general rule, the FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours worked by minors under the age of 16. Also, the FLSA generally prohibits the employment of a minor in work declared hazardous by the Secretary of Labor (for example, work involving excavation, driving, and the operation of many types of power-driven equipment). The FLSA contains a number of requirements that apply only to particular types of jobs (for example, agricultural work or the operation of motor vehicles) and many exceptions to the general rules (for example, work by a minor for his or her parents). Each state also has its own laws relating to employment, including the employment of minors. If state law and the FLSA overlap, the law, which is more protective of the minor, will apply. Posting requirements: Nonagricultural employers must also post the Labor Department-issued Minimum Wage Poster listing minimum age requirements in a prominent place at the worksite. The following links will help in determining whether a particular job is covered by the FLSA, whether any special conditions apply, and obtaining additional information, including state law, relating to the employment of minors. Child labor laws vary from state to state. Please consult your state department of labor for this information. In farm work, permissible jobs and hours of work vary by age. Parental exemption: their parents at any may employ Minors of any age and any time in any occupation on a farm owned or operated by his or her parent(s). All exemptions to agricultural employment rules are statutory in nature and the Department's regulations reflect laws enacted by the U.S. Congress. Many states’ statutes and regulations place tighter restrictions on farm work hours performed by minors.
Laws and regulations limiting the extent of work that children can perform have been in place for many years. However, within the limits of these laws, many youths are employed in seasonal or year-round jobs. The Bureau of Labor Statistics (BLS) regularly conducts research and provides reports on trends in youth labor.
A gateway providing quick access to information about federal and state labor laws that applies to young workers. The web page includes information designed to educate teens, parents, educators, and employers about the hours youth can work, the jobs youth can do, and how to prevent workplace injuries.
Many states regulate the employment of minors in door-to-door sales. The Fair Labor Standards Act's (FLSA) minimum age requirements do not apply to minors employed by their parents, or by a person acting as their guardian. An exception to this occurs in mining, manufacturing and occupations where the minimum age requirement of 18 years old applies. State laws often follow the same pattern as the Fair Labor Standards Act with regard to minors working for their parents. Consult your state department of labor for specific guidance.
The federal government, including the Department of Labor, sponsors a wide variety of job training and job placement assistance programs for America’s youth. Here are just a few of the opportunities available to them. The Department's Employment and Training Administration (ETA) is the primary agency responsible for such programs.
The Wage & Hour Division's enforcement of the Fair Labor Standards Act (FLSA) is carried out by investigators stationed across the United States These investigators gather data on wages, hours, and other employment conditions or practices, in order to determine compliance with the law. Where violations are found, they also may recommend changes in employment practices to bring an employer into compliance. It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA. Willful violations may be prosecuted criminally and the violator fined up to $10,000. A second conviction may result in imprisonment. Violators of the child labor provisions are subject to a civil money penalty of up to $10,000 for each employee who was the subject of a violation. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty of up to $1,000 for each violation. The FLSA prohibits the shipment of goods in interstate commerce, which were produced in violation of the minimum wage, overtime pay, child labor, or special minimum wage provisions. The Department of Labor regularly issues news releases regarding egregious violations of child labor laws. Some companies make agreements with the Department to strengthen compliance within their industry. Examples of these agreements are also referenced here. State laws and regulations are very specific about monetary, civil and criminal penalties that can be imposed on employers who violate child labor laws.
Minors employed as actors or performers in motion pictures or theatrical productions, or in radio or television productions are exempt from Fair Labor Standards Act (FLSA) coverage. Therefore, FLSA rules regarding total allowable number of work hours in one day and allowable times of day to work do not apply. Many states regulate the employment of minors in the entertainment industry more strictly than does the Fair Labor Standards Act.
The Fair Labor Standards Act (FLSA) provides for certain exemptions. Minors under age 16 working in a business solely owned or operated by their parents or by persons standing in place of their parents, can work any time of day and for any number of hours. However, parents are prohibited from employing their child in manufacturing or mining or in any of the occupations declared hazardous by the Secretary of Labor. Other exemptions to the FLSA are detailed in the links listed below. All exemptions to agricultural employment rules are statutory in nature and the Department's regulations reflect laws enacted by the U.S. Congress.
The Fair Labor Standards Act (FLSA) prohibits minors under age 18 years old to work in any occupation that it deems to be hazardous. Among these occupations are excavation, manufacturing explosives, mining, and operating many types of power-driven equipment. Certain industries allow minors under age 18 to perform certain tasks at worksites, whose primary work activity is dangerous, but these tasks are very specific and the state and federal government closely monitor compliance. Child labor laws vary from state to state.
The Department of Labor and other federal government agencies sponsor many efforts to end abusive child labor abroad. The Department's Bureau of International Labor Affair's (ILAB) program created in 1993 in response to a Congressional request to investigate and report on abusive child labor around the world.
Minors employed in the delivery of newspapers to consumers are exempt from Fair Labor Standards Act (FLSA) child labor provisions, as well as the wage and hours provisions. This exemption applies to carriers engaged in making deliveries to the homes of subscribers or other consumers of newspapers (including shopping news). It also includes employees engaged in the street sale or delivery of newspapers to the consumer. However, employees engaged in hauling newspapers to drop stations, distributing centers, and newsstands are not exempted because they do not deliver to the consumer.
The Fair Labor Standards Act (FLSA) sets wage, hours worked, and safety requirements for minors (individuals under age 18) working in jobs covered by the statute. The rules vary depending upon the particular age of the minor and the particular job involved. As a general rule, the FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours worked by minors under the age of 16. Also, the FLSA generally prohibits the employment of a minor in work declared hazardous by the Secretary of Labor (for example, work involving excavation, driving, and the operation of many types of power-driven equipment). The FLSA contains a number of requirements that apply only to particular types of jobs (for example, agricultural work or the operation of motor vehicles) and many exceptions to the general rules (for example, work by a minor for his or her parents). Each state also has its own laws relating to employment, including the employment of minors. If state law and the FLSA overlap, the law, which is more protective of the minor, will apply.
The Fair Labor Standards Act (FLSA) requires employers to prominently post various notices pertaining to specific requirements of the Act in the workplace. The poster that specifically addresses the concerns of young workers is the "Minimum Wage Poster," which states the allowable work hours and times for employees under the age of 18. This poster also clearly states the fines for violation of child labor laws.
The Fair Labor Standards Act (FLSA) sets 14 years of age as the minimum age for employment, but restricts hours of work and allowable occupations for 14- and 15-year-olds. Rules and prohibited jobs vary depending on the age of the youth worker and his or her occupation. Hazardous work. The FLSA prohibits minors under age 18 years old to work in any occupation that it deems to be hazardous. Among these occupations are excavation, manufacturing explosives, mining, and operating many types of power-driven equipment. Certain industries allow minors under age 18 to perform certain tasks at worksites, whose primary work activity is dangerous, but these tasks are very specific and the state and federal government closely monitor compliance. Different age requirements apply to the employment of minors in agriculture. Minors under age 16 may not engage in occupations involving the operation of corn pickers, grain combines, and power post-hole diggers, and other types of farm equipment. Posting requirements. Nonagricultural employers must also post the Labor Department-issued Minimum Wage Poster listing minimum age requirements in a prominent place at the worksite.
The Department of Labor has a number of resources and teaching aids for educators to use in developing class curricula. There are many pages written for a student audience on youth employment rules, as well as information for school administrators and guidance counselors on educational requirements for various jobs, and job training and placement programs.
Parents of young workers need to know what employers can and cannot require of their children in the workplace.
The Fair Labor Standards Act (FLSA) 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 and well-being. The provisions include restrictions on hours of work for minors under 16 and lists of hazardous occupations orders for both farm and non-farm jobs declared by the Secretary of Labor to be too dangerous for minors to perform. Further information on hazardous occupations and workplace safety is available from the Department of Labor’s local Wage & Hour offices.
The Department of Labor posts special Web pages for young people; both for those old enough to work and those not old enough, that provides information on topics ranging from student volunteerism to job safety. The federal government, including the Department of Labor, sponsors a wide variety of job training and job placement assistance programs for America’s youth. The Department's Employment and Training Administration (ETA) is the primary agency responsible for such programs.
The safety of young workers is of paramount importance to the Department of Labor. In recent years, the Department has increased its efforts to educate both employers and teenaged workers about on-the-job safety. Youth employment increases significantly during the summer; so many of these efforts are geared toward minors who work at amusement parks and fast food restaurants. Below is a list of resources for employers of minors and for minors themselves. Both groups have a vested interest in educating themselves on workplace safety. The Department's Occupational Safety & Health Administration enforces workplace safety laws. The Department maintains partnerships with the National Institute for Occupational Safety and Health, the American Academy of Pediatrics, and the National Consumer's League designed to provide important information about on-the-job safety to employers, parents, and working teens. Many states have workplace safety rules that go beyond the Fair Labor Standards Act requirements. Please consult your state department of labor for more specific information.
Every state has laws specifically dealing with child labor issues. When federal and state standards are different, the rules that provide the most protection to youth workers will apply. Employers must comply with both federal law and applicable state laws. Federal child labor rules are established by the Fair Labor Standards Act (FLSA) FLSA rules affect full- and part-time workers in the private sector and in the federal, state, and local governments. The rules vary depending on the age of the youth worker and his or her occupation. The FLSA "covers" or applies to all employees of certain enterprises. All employees of an enterprise, as defined by the FLSA, are covered regardless of the duties they perform. An important factor in determining coverage is interstate commerce, the generation of income over state lines by various means. If an employer engages in interstate commerce of any kind, the FLSA and child labor laws in its state cover its employees. If an employee is not an employee of one of these enterprises, he or she may still be covered if the employee’s own duties meet certain interstate commerce requirements. In addition, if a business generates income of $500,000 per year, it is subject to federal labor laws. Section 12(a) of the FLSA covers youth employed in an establishment in which goods are produced for commerce. Under this provision, the youth does not have to be personally engaged in the production of goods for interstate commerce to be protected by the child labor provisions of the FLSA. As long as somewhere in or about the establishment where the youth is employed, or within 30 days of the youth's employment, goods are produced and removed for shipment in commerce, the child labor provisions of the FLSA protect the youth.
The federal minimum wage is $5.15 per hour. Occupations such as babysitting are not subject to the minimum wage law. The Fair Labor Standards Act (FLSA) requires a minimum of not less than $4.25 per hour for employees less than 20 years of age during their first 90 consecutive calendar days of employment with an employer. After 90 days of employment, or when the worker reaches age 20 (whichever comes first), the worker must receive the minimum wage. Employers are prohibited from taking any action to displace employees in order to hire employees at the youth minimum wage. Also prohibited are partial displacements such as reducing employees’ hours, wages, or employment benefits. Certain full-time students, student learners, apprentices and workers with disabilities may be paid less than the minimum wage under special certificates from the Secretary of Labor. This is commonly referred to as the sub-minimum wage. Tipped. A tipped employee is any employee working in an occupation in which he or she regularly receives more than $30 a month in tips. Many states have higher direct wage amounts for tipped employees. Where state law requires a higher minimum wage, which many do, that higher standard applies.
Under the Fair Labor Standards Act (FLSA), youths 14 and 15 years old may work outside school hours in various non-manufacturings, non-mining, non-hazardous jobs under certain conditions. Permissible work hours for 14- and 15-year-olds are: 3 hours on a school day; 18 hours in a school week; 8 hours on a non-school day; 40 hours in a non-school week; and between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m.
The federal government does not require work permits or proof-of-age certificates for a minor to be employed. Many states, however, do require them for workers of certain ages. In addition to state labor departments, school guidance counselors might know if permits or proof-of-age certificates are required in that particular state. The Department of Labor will issue age certificates if the minor employee's state does not issue them, or if the minor is requested by his or her employer to provide one. However, the vast majority of age certificates are issued by states. The purpose of these certificates is to protect the employer from prosecution for employing an under-aged worker. The possession of an age certificate constitutes a good faith effort to comply with minimum age requirements. Some states require work permits or age certificates for young workers. In fact, most of the age certificates issued to young workers are issued by states. The fines for violation of this requirement can result in a monetary penalty for the employer.
Those are all of the pros and cons of Child Labor law. Child Labor has become something more organized and civilized today than what it was a long time ago.
