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Child labor laws are complicated and can be difficult to navigate. As a small business owner, you need to know the rules in your state so that you’re not breaking them. Here is what you need to know about hiring minors as workers for your company.
Many small firms recruit people who are under the age of 18. (those anywhere from the ages of 14- to 17-years-old). Because of their age, the Department of Labor (DOL) has created child labor rules that govern children, including work hours and employment limits, which all employers must be aware of and observe. Understanding these guidelines will enable you to safely, legally, and effectively employ this eager, resourceful, and underused group of individuals.
In 2018, changes to the Wage and Hour child labor regulations were implemented, with an emphasis on 16- and 17-year-olds working in the healthcare profession. The new laws permitted minors to work greater hours and get additional training and apprenticeship opportunities, both of which are required by the FLSA.
Child Labor Laws in the United States
The FLSA establishes all labor restrictions (wages, hours worked, and safety requirements) for children of all ages, as well as the enforcement and penalties for employers that break these rules.
Employers must go above and beyond the legal elements of recruiting and managing any employee when it comes to minors to guarantee compliance:
- Minors are not permitted to work more than the legal maximum amount of hours for their age.
- Their work environment must adhere to all safety laws.
- Employers are required to take reasonable steps to ensure that a minor’s employment does not interfere with their education.
In most circumstances, age-specific employment limitations do not apply to children employed by their parents or legal guardians in a family company. Jobs in hazardous sectors are a significant exception to the norm.
Minors Are Not Eligible for Certain Positions
The FLSA forbids children under the age of 18 from working in any hazardous profession. These are some of the positions available:
- Explosive storage or production
- Working on motor vehicles as a driver or as an outside helper
- Coal mining, or mining in general, is a process that involves extracting coal from the ground.
- Logging and sawmilling
- Forest fire suppression or prevention
- Forestry service or a wooded area
- Using a forklift
- Using machinery for metal shaping, shearing, or piercing
- Using power tools such as saws, shears, chippers, and abrasive cutting discs
- Working in the wrecking, demolition, and shipbreaking industries
- In the meatpacking or processing industry, operating power-driven slicing machines
- Poultry slaughtering or rending
- Jobs involving ionizing radiation and radioactive material
- Excavating and trenching
Permits to Work
While the federal government does not require Permits to Work or proof-of-age certificates for a minor to be employed with your company, several states do require youth Permits to Work for workers of certain ages. The purpose of these permits is to protect the employer from prosecution when hiring minors. It is advised that you check with your state on work permit and age certificate requirements.
The DOL will issue age certificates if the minor employee’s state does not issue them. More times than not, however, youth Permits to Work or age-verification certificates are issued by individual states.
Minors’ Minimum Wage
The FLSA specifies minimum wage, overtime pay, recordkeeping, and youth employment rules for minors in the workplace, requiring all covered and nonexempt workers to be paid at least the federal minimum wage of $7.25 per hour. In addition, any hours worked exceeding 40 in a workweek must be compensated at a rate of not less than one and a half times the ordinary rate of pay. Some jobs, such as babysitting, are exempt from having a minimum wage.
Minimum Wage for Young People
The Youth Minimum Wage is an exemption from the minimum wage law. Except when state or local standards prevent it, this DOL regulation allows businesses to pay anybody under the age of 20 a training wage of not less than $4.25 per hour for the first 90 calendar days following commencing employment. Employees are also protected by the legislation, which prohibits companies from replacing any employee in order to recruit someone at the young minimum wage.
Work Hours and Job Type Regulations
To be in compliance with the DOL, you must know what sorts of jobs minors are authorized to do and for how many daily and weekly hours (as well as taking proper care of your youngest workers). It’s also worth noting that certain employment restrictions vary based on the time of year and other factors. Summer vacation hours, for example, vary from those throughout the school year.
Unpaid internships are a technique to provide young people the chance to try various jobs and earn on-the-job experience. The hours worked exclusion for internships and training programs is determined based on all of the facts and circumstances of each program. If all of the criteria for unpaid internships are satisfied, the intern is exempt from the FLSA’s regular restrictions, such as minimum wage and overtime provisions.
Violations and Penalties
Child labor legislation violators face a civil penalty of up to $10,000 for each employee involved in the offense. For willful repeat offenders of certain offenses, further penalties may include imprisonment. When infractions are discovered in the workplace, the FLSA may require an employer to make adjustments to their employment practices in order to bring them into compliance.
We propose that your company create a policy for recruiting minors. You may also include particular new hire papers, such as employment requirements, as part of your onboarding process for younger employees.
It is a violation of FLSA law to terminate or otherwise discriminate against an employee who makes a complaint or engages in legal procedures.
Child Labor Laws in Each State
When it comes to Child Labor Laws in Each State, we recommend using the DOL resources that offer a comprehensive list of all of the state labor offices.
The DOL and several state child labor programs give specific guidance for employers in certain specialized areas (or occupations). These are some of them:
- Non-agricultural: In January 2021, many new state-level child labor regulations entered into effect. Extended hours on non-school days are one of them.
- Agricultural: According to the Department of Labor, all child work regulations, whether federal or state-enacted, must apply equally to migrants and “local residents regardless of farm size or the number of days of labor utilized on that farm.”
- Door-to-door sales: This is another sector in which states have enacted extra job laws for minors. Minors under the age of 16 are prohibited from doing this sort of employment in Florida, Maine, Michigan, Missouri, and North Dakota, for example.
State labor rules often intersect with federal labor laws when it comes to the employment of minors. When this happens, the legislation that is more protective of minors will always prevail. We urge that you look into any state child labor regulations that may apply to your employees.
Posters on Labor Law
Every employer in every state must visually post Posters on Labor Law as required by law. There are Posters on Labor Law for both federal and state regulations. Employers may also be required to display special child Posters on Labor Law depending on the type of work performed by the minor.
The Employee Rights Under the Fair Labor Standards Act poster, which contains a section on child labor and minimum wage regulations, is required to be posted by all FLSA-covered companies.
Why Were Child Labor Laws Enacted?
Child Labor Laws in the United States, launched in 1938 by the Fair Labor Standard Act (FLSA), were created to protect minors in the workplace. They are designed to ensure that when young people work, the work they take part in is safe and age-appropriate and does not jeopardize their health, well-being, or educational opportunities.
Since then, several states have imposed additional requirements that add to what the federal government requires. These restrictions include permits to work, limiting the times and hours minors can work, and imposing additional safety regulations. No matter the rules in place, all employers must follow the federal or state rule which provides the most protection to the minor.
Conclusion
Child Labor Laws in the United States are set in place to ensure the safety, well-being, and educational opportunities of minor employees. In addition to federal laws, there are many state laws in place that companies must follow to remain compliant. As such, many companies have developed child employment policies that are not only helpful to employers but also present wonderful opportunities for young workers looking for work experience and money in their pockets.
