Child Labor Restrictions when Employing Summer Help

Issue: The school year is ending and loads of students are beginning to flood the labor market. When hiring minors, what federal restrictions do employers need to be aware of?

Answer: The Fair Labor Standards Act (FLSA) makes it unlawful to employ children who are younger than the minimum ages prescribed by the statute and its regulations. While various exceptions exist, the FLSA generally imposes the following restrictions on the nonagricultural employment of minors:

Children aged 16 and 17.
Children under the age of 18 cannot be employed in occupations found to be “hazardous” by the Department of Labor. Included are mining, excavation and roofing jobs—among others. There are limited exceptions to this rule for apprentices, student learners and trainees.

Children aged 14 and 15.
In addition to the “hazardous” restriction mentioned above, children under 16 are further limited in the types of occupations in which they can work. For example, employment in occupations involving the manufacturing, mining or processing of goods is prohibited.

Certain hour requirements must also be complied with:

• Employment must take place outside of school hours, except for children enrolled in work training programs.
• No more than three hours may be worked on a school day, or eight hours on a non-school day.
• No more than 18 hours per week may be worked when school is in session, or 40 hours per week in other weeks.
• All work must be performed between the hours of 7 a.m. and 7 p.m., except during the summer, when children may work until 9 p.m.

Children under 14.
In general, nonagricultural employment of children under the age of 14 is unlawful, except when they work as actors or news carriers, or exclusively for their parents.

State laws.
An employer that is subject to the child labor provisions of the FLSA and state law(s) should follow the stricter labor standards.

Cite: Fair Labor Standard Act, Secs. 3(l), 12 and 13(c), and its regulations.

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The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.