Youth Employment/Child Labor Laws

Child labor laws have only been around for 70 years. These laws, also called the federal youth employment provisions are designed to keep young people safe while working and to make sure that they don’t risk their health or opportunities for higher education because of the need to earn money.

The Fair Labor Standards Act

The Fair Labor Standards Act, or FLSA, authorized the child labor laws in 1938. These laws provide guidelines for industries like agricultural workers and non-agricultural workers. There are rules in place governing every industry in which youth work, the hours and the type of work they can do, and how they should be protected in the workplace.

FLSA Exemptions

The child labor laws outlined by the Fair Labor Standards Act do have a few notable exemptions. Minors working in a business or on a farm owned by their parents or guardians can work any hours. But if the industry involves mining or another occupation that’s deemed hazardous by the Secretary of Labor, they can’t employ the child in that business.

Other exemptions include occupations like:

• Newspaper delivery
• Performers in movies, television, radio or theater
• Those who work at home harvesting evergreens and/or making wreaths from them

Student Learners

Some exemptions exist for 16- and 17-year old students to be able to learn a skill or trade which requires coming into contact with hazardous materials or equipment. An apprentice or student learner can work in a meat packing or meat processing plant, but any other child can’t do this kind of work. Student learners can also be permitted to use equipment like powered saws and shears, where most children wouldn’t be allowed to use such equipment.

Each state’s rules vary in regards to child labor, so to be sure of the legality of something in your state, you’d need to research your state’s child labor statutes.

Contact one of our experienced employment attorneys in your area today!