Employing Our Nation’s Youth

As the United States industrialized over the 19th century, factories and mines often sought the nation’s youth for a variety of tasks. In fact, 18 percent of the nation’s workforce consisted of children aged 10 to 15-years-old. Oftentimes, children were hired alongside their parents, allowing the parents to both work and watch their children while increasing their overall family income. In factories, children were utilized to squeeze into small spaces to fix machinery. In mines, children were utilized to aid in the movement of coal. Yet, this would all change by the 20th century along with the Progressive Era that accompanied it, providing sweeping child labor law changes and the Fair Labor Standards Act (FLSA).

The Fair Labor Standards Act (FLSA) of 1938

As the basis for child labor, Sections 3(l), 12, 13(c), and 13(d) of the Fair Labor Standards Act (FLSA) and 29 CFR 570 were enacted to provide employers with federal labor provisions for those employees under the age of 18. Laws enacted to preserve educational opportunities for children while protecting them from the very jobs deemed detrimental to their health and wellbeing. 

In addition, all states within the United States have enacted several additional provisions with the FLSA’s backing to ensure the most protection is afforded to the nation’s youth. And while the federal provisions do not require work permits, many states have to ensure the youth is physically fit and not underage to legally work. While state permit violations often range from $250 to $500 per minor employee, the federal penalties can be staggering. Employers who choose to violate such standards often face fines up to $10,000 per minor employee and up to $100,000 for a serious injury or death.

The Basic Child Labor Provisions

The FLSA of 1938 includes protections for working children of the age 14 to 17 years old with provisions to include exceptions, minimum age and wage standards, and hazardous occupations to which they cannot be employed.

The permissible jobs and hours of work, by age are as follows:

• Minors aged 14 and 15 may work outside school hours in various non-manufacturing, non-mining, nonhazardous jobs as listed by the Secretary of Labor in regulations published at 29 CFR Part 570 under the following conditions:
  • No more than three hours on a school day, 18 hours in a school week, eight hours on a non-school day, or 40 hours in a non-school week
  • They may not begin work before 7 a.m. or work after 7 p.m., except from June 1 through Labor Day, when evening hours are extended until 9 p.m.
  • Although permissible work for minors aged 14 and 15 may be limited to those jobs specifically listed in the Secretary of Labor’s regulations, the Wage and Hour Division (WHD) office does provide for some exceptions for minors enrolled in an approved Work Experience and Career Exploration Program (WECEP) or Work Study Program (WSP)
• Minors aged 16 and 17 may perform any job not declared hazardous by the Secretary of Labor and are not subject to restrictions on hours
• Minors aged 18 or older are not subject to restrictions on jobs or hours

Occupations Prohibited To Minors Aged 14 and 15

As per 29 CFR Part 570, there are certain occupations or work that may not be performed by those at the age of 14 and 15. The occupations or work provided below is only a brief list for the purpose of this article. For a complete list, please refer to 29 CFR Part 570.33.

The following occupations or work that may not be performed by minors aged 15 or younger:

• Manufacturing, mining, or processing occupations. This may include occupations that require the performance of duties in workrooms or workplaces where goods are manufactured, mined, or otherwise processed.
• Occupations that the Secretary of Labor may, pursuant to section 3(l) of the Fair Labor Standards Act, find, and declare to be hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or well-being.
• Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing any power driven machinery. This may include cutters, edgers, lawn mowers, trimmers, all-terrain vehicles, golf carts and food slicers, grinders, choppers, processors, cutters, and mixers.
• Occupations that involve operating motor vehicles or riding on a motor vehicle, inside or outside of an enclosed passenger compartment.
• Occupations that involve baking and cooking activities (exceptions apply, see next section).
• Occupations that involve work in freezers and meat coolers and all work in the preparation of meats for sale (exceptions apply, see next section).
• Youth peddling, which entails the selling of goods or services to customers at locations other than the youth-employer’s establishment, such as the customers’ residences or places of business, or public places such as street corners and public transportation stations.
• Occupations that involve the loading and unloading of goods or property onto or from motor vehicles, railroad cars, or conveyors, except the loading and unloading of personal non-power-driven hand tools, personal protective equipment, and personal items from motor vehicles.
• Occupations that are in connection with:
  • Transportation of persons or property by rail, highway, air, water, pipeline, or other means;
  • Warehousing and storage;
  • Communications and public utilities;
  • Construction (including demolition and repair); except such office work.

Please refer to 29 CFR Part 570.33 for a complete list of occupations and work that may not be performed by those at the age of 14 and 15.

Occupations Allowed To Minors Aged 14 and 15

As per 29 CFR Part 570, there are certain occupations or work that may be performed by those at the age of 14 and 15. Again, the occupations or work provided below is only a brief list for the purpose of this article. For a complete list, please refer to 29 CFR Part 570.34.

The following occupations or work that may be performed by minors aged 15 or younger:

• Occupations that involve office and clerical work, to include the operation of office machines.
• Occupations that are intellectual or artistically creative in nature. This may include computer programming, software writing, tutoring, peer counseling or teacher’s assistant, singing, use of musical instruments, and drawing.
• Occupations that involve cooking with an electric or gas grill, so long that it does not involve cooking over an open flame.
  1. Note: This provision does not authorize cooking with equipment such as rotisseries, broilers, pressurized equipment, or devices that operate at extremely high temperatures. 
  2. Note: Cooking may be permitted with deep fryers that are equipped with and utilize a device which automatically lowers the baskets into the hot oil or grease and automatically raises the baskets from the hot oil or grease.
• Occupations that involve cashiering, selling, modeling, advertisements, or comparative shopping.
• Occupations that involve price marking hand or machine, order assembly, packing, and shelving.
• Occupations that involve the bagging and carrying out of customer orders.
• Occupations that involve errand and delivery work by foot, bicycle, and public transportation.
• Occupations that involve cleanup work, to include the use of vacuum cleaners and floor waxers, and the maintenance of grounds.
  1. Note: This provision does not include the use of power-driven mowers, cutters, trimmers, edgers, or similar equipment.
• Occupations that involve kitchen work and other work involved in the preparation and serving of food and beverages, to include operating machines and devices used to perform such work.
  1. Note: Examples of permitted machines and devices include dishwashers, dumbwaiters (small freight elevator) toasters, popcorn poppers, milkshake blenders, coffee grinders, automatic coffee machines, devices used to maintain the temperature of prepared foods (such as warmers, steam tables, and heat lamps), and microwave ovens that are used only to warm prepared food and do not have the capacity to warm above 140 °F. 
  2. Note: Minors are permitted to clean kitchen equipment (not otherwise prohibited), remove oil or grease filters, pour oil or grease through filters, and move receptacles containing hot grease or hot oil, but only when the equipment, surfaces, containers and liquids do not exceed a temperature of 100 °F. 
  3. Note: Minors are also permitted to occasionally enter freezers momentarily to retrieve items in conjunction with restocking or food preparation.
• Occupations that involve the cleaning of vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and stocking of items, to include vegetables, fruits, and meats, when performed in areas physically separate from a freezer or meat cooler.

Please refer to 29 CFR Part 570.34 for a complete list of occupations and work that may be performed by those at the age of 14 and 15.

Hours of Work Allowed To Minors Aged 14 and 15

As per 29 CFR Part 570, there are certain hours (or periods) that are permissible to be worked by those at the age of 15 or younger as long as it does not interview with their schooling or with their health and well-being:

• Outside of school hours;
• Not more than 40 hours in any 1 week when school is not in session;
• Not more than 18 hours in any 1 week when school is in session;
• Not more than 8 hours in any 1 day when school is not in session;
• Not more than 3 hours in any 1 day when school is in session, including Fridays; or
• Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day) when the evening hour will be 9 p.m. 

Occupations Prohibited To Minors Aged 16 and 17

As per 29 CFR 570, eighteen is the minimum age for employment in occupations declared hazardous by the Secretary of Labor. Again, the occupations or work provided below is only a brief list for the purpose of this article. For a complete list, please refer to 29 CFR Part 570.50 through 570.68.

• Occupations that involve the manufacturing and storing of explosives.
• Occupations that involve the driving a motor vehicle or outside helper on a motor vehicle.
• Occupations that involve coal mining.
• Occupations that involve power-driven hoisting apparatus.
• Occupations that involve timber tract management, logging, and sawmill occupations.
• Occupations that may involve power-driven woodworking machines (exceptions apply).
• Occupations that involve exposure to radioactive substances.
• Occupations that involve power-driven metal-forming, punching, and shearing machines (exceptions apply).
• Occupations that involve mining, other than coal mining.
• Occupations that involve meat and poultry packing or processing, to include the use of power driven meat slicing machines.
• Occupations that involve power-driven bakery machines.
• Occupations that involve balers, compactors, and paper-products machines.
• Occupations that involve manufacturing brick, tile, and related products.
• Occupations that involve power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, woodchippers, and abrasive cutting discs (exceptions apply).
• Occupations that involve roofing operations and all work on or about a roof (exceptions apply).
• Occupations that involve excavation operations (exceptions apply).

Please refer to 29 CFR Part 570.50 through 570.68 for a complete list of occupations and work that may be performed by those at the age of 16 and 17.

Hours Allowed To Minors Aged 16 and 17

As per 29 CFR 570, sixteen years of age is to be the basic minimum for employment. Thus, those at the age of 16 and 17 16- and 17 may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor.

Common Child Labor Violations 

Oftentimes, employers will seek minors for hire in an effort to meet the demands required of their business. Unfortunately, many employers fail to take into account the various child labor laws that may follow when hiring such minors.

Since 2015, the WHD has seen an increase in such child labor violations that in fiscal year 2021, the division found 2,819 minors to have been employed in violation. Nearly $3.4 million in civil money penalties were issued. 

As for the most common child labor violations, the use of prohibited equipment appeared at the top followed by the hour violations. Several violations by prominent businesses are provided for your review below:

1. A Nashville, TN area Stover and Sons had a 16-year-old construction worker perish after a 160-foot fall from scaffolding. The owner was assessed $122,364 in civil penalties.
2. A Charleston, SC area Marco’s Pizza franchise had 14- and 15-year-old employees perform prohibited activities (power-driven baking machines), along with a 17-year-old performing work illegally as a delivery driver. The owner was assessed $101,000 in civil penalties.
3. A Nashville, TN area Little Caesars franchise had 15-year-old employees perform prohibited activities (baking, oven, and stand-up mixer use) at seven of its restaurants. The owner was assessed $161,050 in civil penalties.
4. A Pittsburg, PA area McDonald’s franchisee had illegally scheduled more than a hundred 14 and 15-year-olds at thirteen of its restaurants. The owner was assessed $57,332 in civil penalties.
5. A Columbia and Greenville, SC area Arby’s franchisee had illegally scheduled sixty-five 14 and 15-year-olds at nine of its restaurants. The owner was assessed $47,710 in civil penalties.
6. Several Crumbl Cookies franchisees had 14 through 17-year-olds both illegally scheduled and performing prohibited activities at eleven franchise locations across six states. In total, $57,854 collectively was assessed in civil penalties.

References:

https://www.dol.gov/agencies/whd/child-labor

https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/FOH_Ch33.pdf 

https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-570