Client Alert from the Labor and Employment Group - June 2010
Child Labor Revised Regulations
Effective July 2010
By Patricia F. Weisberg
In mid-May, 2010, the Federal Department of Labor, Wage and Hour Division, released new regulations that govern the use of child labor for employers covered by the Fair Labor Standards Act ("FLSA"). The revised regulations specifically address the kinds of employment minors may perform and the hours during which they may work. The Department of Labor's (DOL) stated purpose is to "protect working children from hazards in the workplace while also recognizing the value of safe work to children and their families." These regulations result from the DOL's having studied changes in the workplace such as the emergence of new types of business where younger workers may find employment opportunities, the introduction of new processes and technologies, and differing views on the best way to balance educational requirements and work experiences. A few highlights of the revisions are as follows:
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New Categories of Safe Jobs: The new regulations expressly set forth youth workplace opportunities that the DOL has judged to be safe for 14 and 15 year olds including work in advertising, banking and information technology, computer programming, drawing and teaching. The new regulations also remove restrictions limiting 14 and 15 years old from working in certain retail, food services and gas stations. The regulations also incorporate the DOL's enforcement position that permits 16 and 17 year olds to operate, under certain conditions, power driven pizza dough rollers and portable counter top food mixers.
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New Examples of Prohibited Jobs: The regulations also provide new examples of jobs minors under the age of 18 may not perform such as working at poultry slaughtering and packaging plants, riding on a forklift as a passenger, working in forest fire fighting, forestry services and timber tract management, operating certain power driven hoists and work assist vehicles, operating balers and compactors designed or used for non-paper products, and operating power-driven chain saws, wood chippers, reciprocating saws and abrasive cutting discs.
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Lifeguards: The new regulations specifically allow 15 year olds to work as lifeguards and swimming instructors at swimming pools and water amusement parks if properly trained and certified. Also included is a provision expressly prohibiting anyone under 16 from working as a dispatcher on elevated water slides or as a lifeguard at natural environment swimming facilities such as lakes, rivers, oceans, beaches, quarries, etc.
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Hours Minors May Work: The current rule limits the number of hours 14 and 15 year olds may work to three hours on a school day. The new rule clarifies that the three hour limit includes Fridays. In addition, the rule clarifies that the prohibition on work during "school hours" refers to the hours for the local public school where the minor resides.
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Work Week Defined: The revisions also define a "work week" for 14 and 15 year olds. The work week is a "fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods." Prior to this revision, the DOL required a calendar week be used as opposed to any other seven-day period the employer opts to use for its other employees.
The new regulations become effective July 19, 2010. You may access the Department of Labor's Fact Sheet and a side-by-side comparison of the new and current rules here:
Department of Labor Fact Sheet, Side-by-Side Comparison.
The information in this Client Alert is a summary of often complex legal issues and may not cover all of the "fine points" of a specific situation or court jurisdiction. Accordingly, it is not intended to be legal advice, which should always be obtained in consultation with an attorney. The lawyers in Walter & Haverfield's Labor and Employment Law Group will be pleased to assist with any questions about this new law. |
