Legal Updates

New Federal Child-Labor Regulations Become Effective July 19, 2010

The Wage and Hour Division of the United States Department of Labor (the “DOL”) recently issued final regulations concerning non-agricultural child labor (the “Regulations”).  Effective July 19, 2010, the Regulations are the most extensive revisions to child labor law in the last 30 years.

As the summer season begins, we encourage employers to update policies, practices, employee handbooks and managers’ guides to ensure compliance with the new federal regulations prior to the July 19, 2010 deadline.  Moreover, state laws vary with respect to child labor laws, and employers need to ensure compliance with these as well.  Finally, providing training to managers and supervisors at the outset of the summer work season is recommended.

Changes Affecting 14- And 15-Year-Olds

Significantly, 14- and 15-year-olds may not be employed in any job not specifically permitted by the DOL.  Therefore, any employer planning on hiring 14- and 15-year-olds should be sure to consult the Regulations.

The Regulations significantly change the scope of permissible employment of 14- and 15-year-olds, mandating that these youths:

• Will no longer be generally limited to jobs in retail, food service, and gasoline service establishments, but also will be permitted to accept employment in industries such as advertising, banking, clerical services, and information technology.
• Will be allowed to perform work of an intellectual or artistic nature, including computer programming, drawing, and teaching.
• Will be permitted to momentarily enter freezers to retrieve items.
• Will be permitted to ride in a motor vehicle as passengers, except when a “significant reason” for being a passenger is to perform work concerning the transportation of other persons or property.
• Will be permitted to load and unload certain light hand tools (such as a rake, hand-held clippers, a shovel, or a broom) and personal items (such as a backpack, lunch box, or coat) that the minor will use at the job site.
• Will be permitted to work inside and outside places of business that use power-driven machinery to process wood products, under specific conditions.
• Will be permitted to participate in a new work-study program involving school-supervised employment of students enrolled in college-preparatory curricula.  Public and private schools may establish and administer the work-study program, but must follow the Regulations’ detailed guidelines for doing so.
• Will be prohibited from participating in “peddling” activities, including door-to-door sales and “sign waving” (unless directly outside the employer’s place of business).  This ban does not include “persons who, as volunteers and without compensation, sell goods or services on behalf of eleemosynary [charitable] organizations or public agencies.”

The Regulations continue to permit the employment of 14- and 15-year-olds in retail, food service, and gasoline service establishments for tasks such as cooking, cashiering, price marking, assembling orders, shelving, bagging and carrying out customers’ orders, errand and delivery work, clean-up work, and kitchen-prep and serving work.

Additionally, under the Regulations, 15-year-olds (but not 14-year-olds) may work as lifeguards and swimming instructors at swimming pools and water parks if trained and certified in “aquatics and water safety” by the American Red Cross or “a similar certifying organization.”  However, youths under age 16 are still prohibited from working as dispatchers at the top of elevated water slides or as lifeguards at natural environments (e.g., lakes, rivers and ocean beaches).

When school is in session, 14- and 15-year-olds may not work more than 18 hours per week, more than three hours on a school day, including Fridays, or during “school hours.”  “School hours” are the hours of the local public school where the minor resides while employed.

When school is not in session, employment of 14- and 15 year-olds will continue to be limited to eight hours per day and 40 hours per week between the hours of 7:00 a.m. and 7:00 p.m., except that permitted work hours are from 7:00 a.m. to 9:00 p.m. from June 1 to Labor Day.

There also are exceptions for work-study programs, school-supervised programs, and employment as attendants at professional sporting events.  These exceptions apply both when school is in and out of session.

Changes Affecting 16- And 17-Year-Olds

Under the Regulations, 16- and 17-year-olds will now be permitted to operate power-driven pizza-dough rollers and portable countertop food mixers.  The pizza-dough rollers must contain mechanical safeguards that have not been overridden.  The portable countertop food mixers must be comparable to models intended for household use and may not be used to process meat or poultry products.

Changes Affecting All Minors Under Age 18

The following requirements are applicable to the employment of all minors under age 18.  First, employers must use the same workweek for child labor compliance as they do for overtime compliance, and second, employers are prohibited from employing minors to perform the following activities:

• Working at poultry slaughtering and packaging plants;
• Using or cleaning power-driven meat processing machines;
• Riding on a forklift as a passenger;
• Working in forest-fire fighting, forestry services, and timber-tract management;
• Operating certain power-driven hoists, such as elevators, and work-assist vehicles;
• Operating balers and compacters designed or used for non-paper products (the Regulations also refine the exception that permits minors to load certain scrap-paper balers and paper-box compactors); and
• Operating power-driven chain saws, wood chippers, reciprocating saws, and abrasive cutting discs.

Penalties For Non-compliance

Under federal child labor laws, employers may be fined up to $11,000 per each employee affected by the violation.  Additionally, employers may be fined up to $50,000 for any violation causing death or serious injury to a minor employee, and up to $100,000 if the violation causing death or serious injury is repeated or willful.

Compliance With More Restrictive State Laws Still Required

Employers must remain cognizant of relevant state laws, as more restrictive state mandates will continue to apply.  For instance, in Massachusetts:

• 16- and 17-year-olds cannot work after 11:30 p.m. on weekends and during school vacations (or after midnight if employed at restaurants or racetracks);
• A business that stops serving customers at 10:00 p.m. may not permit a minor to work later than 10:15 p.m;
• With some exceptions, minors working past 8:00 p.m. must be under “the direct and immediate supervision of an adult acting in a supervisory capacity”; and
• Employment of a minor in any job requiring possession or use of a firearm is prohibited.

Recommendations For Employers

We recommend that employers update policies, practices, employee handbooks and managers’ guides now to ensure compliance with the new federal regulations by the July 19, 2010 deadline.  Providing training to managers and supervisors at the outset of the summer work season also is advised.

As always, please contact the Firm if you have questions or if we can assist in helping your organization achieve compliance.