With summer approaching, many organizations anticipate increased staffing needs and are more inclined to hire temporary or seasonal employees, often including high school students. Frequently, the seasonal hire may continue into the school year and U.S. child labor laws are designed to safeguard minors’ education and well-being, ensuring their work does not compromise their safety. The Fair Labor Standards Act (FLSA) sets federal guidelines for employing minors, establishing protections against hazardous working conditions and defining limits on work hours and job responsibilities. Below is an overview of key provisions.
Who Must Comply with FLSA Rules?
The FLSA’s child labor provisions apply to businesses, including nonprofits engaged in interstate commerce or producing goods for such commerce, with limited exceptions. Companies with at least $500,000 in annual revenue must comply, along with hospitals, schools, and government agencies, regardless of revenue.
Work Limits by Age Group
Federal law specifies when minors can work and what types of jobs they may perform:
-
- 18 and Older: No restrictions on job roles or working hours.
- 16 and 17: Allowed to work unlimited hours in non-hazardous jobs.
- 14 and 15: Permitted to work in specific non-manufacturing, non-mining, and non-hazardous jobs with the following limits:
- Up to three hours on a school day, 18 hours in a school week, eight hours on a non-school day, and 40 hours in a non-school week.
- Work permitted between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours extend to 9 p.m.
Restricted Job Categories
Certain occupations have been deemed too hazardous for individuals under 18 by the Secretary of Labor. Additional restrictions apply to 14- and 15-year-olds regarding job types and work environments. A complete list of restricted occupations is available on the Department of Labor website.
Employer Responsibilities and Recordkeeping
Businesses employing minors must maintain accurate records, including birth dates, work schedules, and job assignments. Compliance measures also involve posting required notices and retaining detailed employment records. Failure to comply may result in fines or legal consequences.
Fines and Legal Consequences
Employers found violating child labor laws may be fined up to $11,000 per offense. If a violation after May 21, 2008, results in a minor’s serious injury or death, maximum fines increase to $50,000, potentially doubling to $100,000 for willful or repeated violations. Employers have 15 days to request a hearing before an Administrative Law Judge (ALJ), with further appeals possible through the Department of Labor’s Administrative Review Board. If no appeal is filed, the penalty becomes final.
Criminal penalties apply for willful violations, including fines up to $10,000. A second offense may result in additional fines and up to six months of imprisonment. The Secretary of Labor may also seek court orders to prevent ongoing violations.
State-Specific Employment Laws for Minors
State labor laws may impose stricter regulations than federal guidelines. Employers must follow the more stringent law when federal and state requirements differ. Common variations include limits on work hours, night shifts, and job exemptions. A summary of state-specific labor laws is available through the Department of Labor.
Government Resources for Compliance
The Department of Labor offers various tools to assist employers, including the FLSA Child Labor Rules Advisor, fact sheets on recordkeeping, and industry-specific compliance materials.
Maintaining Legal Compliance
Child labor laws are designed to ensure a safe work environment for minors. Employers must follow both federal and state regulations to comply with legal standards, avoid penalties, and maintain ethical workplace practices. Adhering to these laws not only protects young workers but also reduces legal risks for organizations.
Following child labor laws help create a safe and fair workplace for minors. By staying informed and adhering to both federal, state, and local regulations, employers can offer young workers valuable job experiences while protecting their education, well-being, and safety. Understanding these requirements also helps organizations avoid penalties and maintain an ethical work environment.
If you have any questions regarding hiring or other HR questions or concerns, please contact us at HRServices@501c.com or (800) 358-2163.
About Us
For more than 40 years, 501(c) Services has been a leader in offering solutions for unemployment costs, claims management, and HR support to nonprofit organizations. Two of our most popular programs are the 501(c) Agencies Trust and 501(c) HR Services. We understand the importance of compliance and accuracy and are committed to providing our clients with customized plans that fit their needs.
Contact us today to see if your organization could benefit from our services.
Are you already working with us and need assistance with an HR or unemployment issue? Contact us here.
The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
(Images by TriangleProd and Freepik)
