If you employee anyone under the age of 18 you should be aware of changes to the FLSA (Fair Labor Standards Act) effective July 19, 2010.
FLSA child-labor regulations strictly enforce the employment terms of minors. In general, employment of minors who are 16 or older is allowed in most industries for work not falling within one of (Department of Labor) DOL’s 17 “Hazardous Occupations” and there are few FLSA limitations upon their times or hours of work.
Strict limitations already exist on allowed occupations and hours of work for minors under the age of 16. Youths aged 14 and 15 may not work before 7 a.m. or after 7 p.m. (with the exception being from June 1 through Labor Day when they may work until 9 p.m. and for some occupations such as babysitting or newspaper delivery). Minors under the age of 16 may not work more than 3 hours on a school day; 18 in a school week; 8 hours on a non-school day; or 40 hours in a non-school week. Additional state regulations may also apply to the employment of minors.
The new regulations expand the list of prohibited equipment, engagement in dangerous activities and any peddling or street sales (other than for charitable causes). Additional provisions expand work by minors as lifeguards at pools and amusement parks (if certified), and intellectual or artistically creative work like tutoring, computer programming, and teaching.
Working hours restrictions still apply based on the schedule of the local public school district, regardless if the youth attends a private school or is home schooled. Additionally, the 3-hour restriction on school days includes Fridays. The revisions also newly define a “workweek” for 14- and 15- year olds as a “fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods.”
Don’t let the long list of restriction keep you from employing minors- minors can be a great resource for employers- just be aware of what they can and cannot do in the worplace. A complete guide is available at http://www.youthrules.dol.gov/
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