Comply With Child Labor Laws

The Fair Labor Standards Act (FLSA) contains provisions that place limits on the employment of youth and ensures that children attend school. The Act went into effect during the 1930’s in the United States, a time when many children were forced to work in dangerous, unhealthy conditions in order to help their families during the Great Depression. The Act was passed at a time when adults had become so desperate for jobs that they were willing to take over the children’s work. Today, American children working in unsafe factory conditions is less of an issue, but for those who do employ minors, there are strict rules to follow in order to ensure compliance with the Act.

Steps

  1. Understand how many hours a minor may work. The FLSA provides regulations on the hours minors can work depending on the child’s age.
    • For non-agricultural work: Children age 14 to 15 may work no more than 3 hours a day on a school day, 18 hours in a school week, 8 hours on a non-school day, or 40 hours in a non-school week. They may not work before 7am or after 7pm, although through the summer months (June 1-Labor Day) they may work until 9pm.
    • There are no age restrictions on the hours minors age 16-17 may work.
    • For agricultural work: Children under age 12 may work on a farm outside school hours on certain types of farms if their parents consent. The FLSA does not set hourly limits on employment for agricultural work.
    • Children age 12 to 13 may work on a farm where their parents are also employed or if their parents consent in writing.
    • Minors age 16 and younger may not be employed during school hours unless they are employed by their parents.
  2. Assign minors only non-hazardous work tasks. For both agricultural and non-agricultural work, there are limits on the types of jobs that minor may and may not perform.
    • For example, the FLSA states that minors under the age of 16 may not operate hay balers, cotton pickers, feed grinders, or tractors over 20 horsepower.
    • Minors may also not operate a forklift.
    • There is a link to a list of prohibited agricultural tasks for minors listed under sources below.
  3. Pay minors an appropriate wage. If an employer is otherwise subject to federal minimum wage laws, the employer must pay a minor worker at least minimum wage.
    • Some agricultural employers are not subject to minimum wage laws, and overtime pay requirements are generally not applicable to agricultural work.
  4. Maintain good records. Employers of minors are required to maintain records relating to the employment of minors. These are to ensure that the employer complies with child labor laws.
    • The records required by the FLSA must include: The employee's full name, address, birth date (if younger than 19), sex, occupation, time and day of the week when the workweek begins, hours worked each day, total hours worked each week, how the employee will be paid (per hour, per week, etc.), pay rate, total earnings per day, total earnings per week, total earnings per pay period and date of payment.
  5. Display necessary notices. The FLSA requires that employers display certain posters and notices so that employees can read them. The posters and notices concern the FLSA requirements. The posters are available on the Department of Labor website for printing.

Tips

  • This article outlines the federal provisions of the FLSA. Some states have additional rules that employers must follow, or more stringent rules.

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References

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