Child Labor Laws - Facts and Misconceptions

There are both state and federal laws that protect workers under the age of 18 from being exposed to hazards and working unreasonable shifts. Young workers face particularly high rates of job-related injuries. With proper preparation and training, many injuries and deaths can be prevented.

While employers are responsible for providing safe and healthy conditions for young employees, young workers have a responsibility to follow safe work practices at their jobs. These are some of the key facts about child labor laws in the U.S.

Fair Labor Standards Act (FLSA)

Formed to protect minors in both agricultural and non-agricultural sectors, this act includes specific child labor provisions, including laws restricting the number of hours that children under 18 can work per day and what types of jobs they can do. FLSA also establishes a minimum wage, overtime pay and recordkeeping for part- and full-time child laborers on wages, hours and other regular business practices. Once a child turns 18, these rules no longer apply. For child laborers, work permits are not required, but employers who desire them can receive a state-issued age certificate.

There are several exemptions to these rules, each of which should be researched per individual case. A more detailed explanation of exemptions can be found here.

Misconceptions

Several misconceptions exist about what this law requires, and the following is a list of what the Fair Labor Standards Act does not regulate:

Holiday, sick, vacation or severance pay
Meal or rest periods (except breaks for nursing mothers)
Premium pay for weekend or holiday work
Vacations, holidays off, meal or rest periods
"W-2"s or pay stubs
Pay raises for fringe benefits or premium pay for holiday or weekend work
Reasons for discharge, a discharge notice or immediate payment of final wages

The United States Department of Labor's official list can be found here.

State versus Federal Law

State and federal law have child labor standards, and when the two differentiate, the law providing greater protection to the child is adhered to.

Age Certificates

Age certificates are state-mandated or employer-requested certificates that legally state the employee's age. The purpose of these certificates is to officially document the age of minor employees to protect employers from unintentional violations of child labor laws.

Because state child labor laws can differ from federal provisions, legal requirements related to age certificates vary from state to state. Some states require them in specific situations, and some have no provisions. Others do not issue age certificates. Visit the DOL website to learn more about age certificate requirements in your state.

Employment Certificate

Some states require an employment certificate, which is also called a work permit, in order for a minor to legally work. These documents include the name, age and personal details of the employee. Employers provide details about the business and the minor employee's job duties, and parents may need to provide additional information and a signature.

Like age certificates, specific requirements for employment certificates vary from state to state. They may be issued by the employee's school, by the state labor department or they may not be issued at all. Visit the DOL website to learn about state-specific requirements for employment certificates.

Legal Hours and Jobs for Minors

Federal law states that 14- and 15-year-olds cannot work over 8 hours a day, with no more than 3 hours on a school day, and over 40 hours a week, with no more than 18 hours per week while in school. Minors are also not allowed to work before 7 a.m. or after 7 p.m., except between June 1 and Labor Day when the evening hour is extended to 9 p.m. This age group cannot work during school hours.

No federal laws restrict how many hours 16- to 18-year-olds can work. However, most states have their own laws regarding the number of hours a child can work. As stated before, the stricter law always protects the child. If you are interested in the minor hour laws of your state, a list can be found here.

For more information about state-specific labor laws for minors, you can visit Youth Rules Department of Labor's (DOL) website.

Jobs Too Hazardous for Minors

Federal law prohibits tasks and jobs deemed too dangerous for children. Though some exemptions apply, the following is a list of jobs workers under the age of 18 are generally not allowed to perform:

Storing or manufacturing explosives
Driving or working as an outside helper on a motor vehicle
Coal mining
Mining
Logging and sawmilling occupations
Fighting or prevention of forest fires
Timber tract
Forestry service
Operating a power-driven woodworking machine
Operating a forklift
Operating metal-forming, shearing or punching machines
Operating power-driven bakery machines
Operating power-driven paper-product machines
Operating balers or compactors
Operating power-driven saws, shears, chippers and abrasive cutting discs
Operating jobs in the wrecking, demolitions and ship-breaking fields
Operating power-driven slicing machines in meat packing or processing
Operating a power-driven hoisting apparatus
Slaughtering or rending of poultry
Jobs with exposure to radioactive substances of ionizing radiation
Tile, brick and related products manufacturing
Work on or near a roof
Trenching and excavating

Occupational Safety and Health Act (OSH Act)

The OSH Act includes sections that apply to young workers and require employers to provide a safe and healthy workplace up to OSHA standards for young employees. These provisions include the following components:

Comply with state and federal child labor laws
Prohibit youth from performing dangerous work
Ensure young workers are competent in safe work practices and are trained to recognize hazards
Explain what young workers should do if they are hurt on the job
Ensure equipment that young workers operate is legal and safe for them to use

Complaint Procedures

If you need to report a child labor law violation, you can file a complaint with the Department of Labor's Wage and Hour Division. These complaints are completely confidential, so your name and the nature of the complaint cannot be disclosed. Federal law prevents employers from retaliating against a worker for filing a complaint or cooperating with an investigation.

Start by gathering the information you need to file a complaint. Once you have all the information and documentation you need, you can file a complaint online or call 1-866-487-9243. The DOL will work with you to address your questions and let you know if an investigation is warranted.

If the DOL decides to launch an investigation, it will hold a conference with the employer or employer's representative. Employees will be interviewed in private. After conferences, interviews and record reviews are complete, the DOL will hold a final conference with the employer to explain any violations and the steps they must follow to correct them.

State labor office information can be found on DOL Wage and Hour Division's website.