Child Labor Laws (US DOL Fact Sheet)

• Under the Fair Labor Standard Act (FLSA) "oppressive child labor" is forbidden. (29 U.S.C. s. 212)


• The FLSA defines "oppressive child labor" as:


• any employee under the age of sixteen employed by an employer (other than by a parent or guardian in an occupation other than manufacturing or mining or an occupation found by the Secretary of Labor to be hazardous for such aged children); or


• any employee between the ages of sixteen and eighteen employed by an employer in an occupation found by the Secretary of Labor to be hazardous for such aged children; this does not apply to any person to whom the employer has on file an unexpired certificate issued pursuant to regulations of the Secretary of Labor certifying that such person is above the oppresive child-labor age. (29 U.S.C. s. 203(l)) (29 CFR s. 570.2)


• The FLSA provides for certain exemptions for child-labor age employees employed in agriculture outside of school hours under listed conditions. (29 U.S.C. s. 213(c)(1) & (2)(b)) (29 CFR s. 570.2) (29 CFR s. 570.71)

• The Secretary of Labor has issued regulations concerning the employment of minors between the ages of fourteen and sixteen in certain occupations, for certain periods and conditions as long as the employment does not interfere with their schooling or health and well being. (29 CFR s. 570.31)

• The Secretary of Labor has issued detailed regulations concerning certain occupations that are prohibited for minors of fourteen and fifteen years of age. (29 CFR s. 570.33)

• Similarly the Secretary of Labor has issued detailed regulations concerning certain occupations that may be performed by minors of fourteen and fifteen years of age. (29 CFR s. 570.34)

• The Secretary of Labor has issued detailed regulations concerning the hours of work permitted for minors of fourteen and fifteen years of age. Their employment must be confined to:

• Outside of school hours;


• Not more than 40 hours in any one week when school is not in session;


• Not more than 18 hours in any one week when school is in session;


• Not more than 8 hours in any one day when school is not in session;


• Not more than 3 hours in any one day when school is in session, including Fridays; and


• Between 7:00 a.m. and 7:00 p.m. in any one day, except during the summer (June 1 throuh Labor Day) when the evening hour is 9:00 p.m. (29 CFR s. 570.35)


• The Secretary of Labor has issued detailed regulations concerning hazardous employment for minors between sixteen and eighteen years of age:

• Certain apprentices and student-learners can be exempt from the these limitations (29 CFR s. 570.50);


• Regulations concerning plants or establishments manufacturing or storing explosives or articles containing explosive components (29 CFR s. 570.51);


• Regulations concerning the occupations of motor-vehicle driver and outside helper (29 CFR s. 570.52); and


• Regulations concerning the occupations involved in the operation of balers, compactors and paper-products machines (29 CFR s. 570.63).


• Under the Walsh-Healey Act contractors with government contracts in an amount exceeding $10,000 cannot employ individuals under sixteen years of age. (41 U.S.C. s. 6502) (41 CFR s. 50-201.1)



 

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