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Child Labor

Child Labor. Rich Nelson, Labor Law Specialist NE Dept. of Labor (402) 471-4711 rich.nelson@nebraska.gov. Purpose of Child Labor Laws.

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Child Labor

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  1. Child Labor Rich Nelson, Labor Law Specialist NE Dept. of Labor (402) 471-4711 rich.nelson@nebraska.gov www.dol.gov

  2. Purpose of Child Labor Laws State and Federal Child Labor Laws are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. www.dol.gov

  3. Nebraska Child Labor Law www.dol.gov

  4. Hours and Times When 14 and 15 Year-Olds May Work • Up to 8 hours per day • Up to 48 hours per week • Between 6 AM and 10 PM • Must be outside of school hours www.dol.gov

  5. Other State Requirements • Minors under 16 years of age are required to obtain an Employment Certificate prior to beginning a job. • Employment Certificates are issued by the public school district in which the minor resides. Certificates are valid for 1 year. • Employer must keep a copy on file and return it to the school when employment ends or the minor turns 16 years of age. www.dol.gov

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  7. Other State Requirements (Cont.) • The employer is required to post a printed notice (Child Labor Form #110) in the minor’s work area stating the hours of work and the time allowed for meals (if meal breaks are provided). www.dol.gov

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  9. Work 14 and 15 Year-Olds MayNot Do No minor under the age of 16 may be employed in work in which: • It is dangerous to life or limb • His or her health may be injured or • His or her morals may be depraved www.dol.gov

  10. Penalties for Violations • Whoever employees a minor under the age of 16 in violation of the Nebraska Child Labor Laws is guilty of a Class II misdemeanor--up to 6 months imprisonment, or a $1,000 fine, or both • Continued violations: Guilty of a Class II misdemeanor for every day such violations continue to occur www.dol.gov

  11. NE and Federal Child Labor Laws areDifferent • When both laws apply, the law with the more stringent standard must be followed. • In all cases, minors under 16 years of age must obtain an Employment Certificate. www.dol.gov

  12. Federal Child Labor Law Approximately 90% of all minors working in the United States are covered by the Federal child labor law, which are enforced through the U.S. Dept. of Labor www.dol.gov

  13. Federal Child Labor Law DoesNot: • Require minors to obtain work permits; • Limit hours or restrict time worked for minors 16 years of age or older; • Require breaks or meal periods for minors. www.dol.gov

  14. Hours that 14 and 15 Year-Olds May Work • Up to 3 hours on a school day, including Fridays; • Up to 18 hours during a week when school is in session; • Up to 8 hours on a non-school day; • Up to 40 hours during a week when school is not in session. www.dol.gov

  15. Times When 14 and 15 Year-Olds May Work • Between 7 AM and 7 PM; or • Between 7 AM and 9 PM from June 1 through Labor Day; and • Outside school hours www.dol.gov

  16. Retail & Service Jobs 14 and 15 Year-Olds May Do • Office and clerical work • Cashiering and selling • Price marking, assembling orders, packing • Bagging and carrying out customers’ orders www.dol.gov

  17. Retail & Service Jobs 14 and 15 Year-Olds May Do • Errands and deliveries by foot, bike, bus or train • Certain clean-up work • Pumping gas and hand cleaning cars • Kitchen work, preparing and serving food (BUT very limited cooking) www.dol.gov

  18. Retail & Service Jobs 14 and 15 Year-Olds May Do Most cooking is prohibited, but 14 and 15 year-olds may: • Cook with electric or gas grills that do not entail cooking over an open flame, and • Cook with deep fryers that are equipped with and utilize automatic devices that raise and lower the baskets in and out of the hot oil or grease. www.dol.gov

  19. Retail & Service Jobs 14 and 15 Year-Olds May Do 14 and 15 year-olds may: • Clean kitchen surfaces and non-powered equipment, and • filter, transport, and dispose of oil and grease But only when the temperature of the surfaces, equipment and liquids do not exceed 100°F. www.dol.gov

  20. Work 14 and 15 Year-Olds MayNot Do • Operating/cleaning power-driven equipment (e.g., food slicers and grinders, choppers or cutters, and bakery mixers • Building repairs • Work in freezers and meat coolers • Outside window washing • Baking www.dol.gov

  21. Work 14- and 15-Year-Olds MayNot Do • Loading/unloading goods to and from trucks, railcars, or conveyors • Work in areas where meats are prepared for sale • All occupations declared to be hazardous for 16 and 17 year-olds www.dol.gov

  22. Hazardous Occupations The Federal child labor law prohibits minors under age 18 from performing occupations that the Secretary of Labor declares to be particularly hazardous or detrimental to their health and well-being. Currently, there are 17 Hazardous Occupation Orders (HOs). www.dol.gov

  23. Hazardous Occupations Orders 1 through 5 • HO 1. Manufacturing or storing explosives • HO 2. Driving a motor vehicle or work as an outside helper on motor vehicles • HO 3. Coal mining • HO 4. Logging and sawmilling • HO 5. Power-driven woodworking machines www.dol.gov

  24. Hazardous Occupations Orders6 through 9 • HO 6. Exposure to radioactive substances and ionizing radiation • HO 7. Power-driven hoisting apparatus • HO 8. Power-driven metal-forming, punching and shearing machines • HO 9. Mining, other than coal www.dol.gov

  25. Hazardous Occupations Orders 10 through 13 • HO 10. Power-driven meat-processing machines, slaughtering and meat packing plants • HO 11. Power-driven bakery machines • HO 12. Power-driven paper-products machines, scrap paper balers, and paper box compactors • HO 13. Manufacturing of brick, tile and related products www.dol.gov

  26. Hazardous Occupations Orders 14 through 17 • HO 14. Power-driven circular saws, band saws and guillotine shears • HO 15. Wrecking, demolition, and shipbreaking operations • HO 16. Roofing • HO 17. Trenching and excavation operations www.dol.gov

  27. “Operation” Means The term "operation" as used in HO’s 5, 8, 10, 11, 12 and 14 generally includes the tasks of setting up, adjusting, repairing, oiling, and cleaning the equipment. www.dol.gov

  28. HO 2. Driving or Outside Helper on Motor Vehicles • Generally prohibits youth from driving motor vehicles on public roads, but certain 17-year-olds may perform driving that is occasional and incidental under certain circumstances. • Bans working as an outside helper on motor vehicles. An outside helper is anyone, other than the driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods. www.dol.gov

  29. HO 2. Driving or Outside Helper on Motor Vehicles Minors under age 17 may not drive on public roads as part of their job. www.dol.gov

  30. HO 7. Power-Driven Hoisting Apparatus Bans the operation of most power-driven hoisting apparatus such as elevators, bobcats, cranes, and most high lift trucks, including forklifts. www.dol.gov

  31. HO 10. Power-Driven Meat ProcessingMachines Bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used. Also bans occupations in meat processing, and packing. www.dol.gov

  32. HO 10. Power-Driven Meat Processing Machines Minors may not use a meat slicing machine even on items other than meat, such as cheese and vegetables. T www.dol.gov

  33. HO 11. Power-Driven Bakery Machines Bans the operation of power-driven bakery machines such as vertical doughmixers, battermixers (including most countertop models), dough rollers and doughsheeters. www.dol.gov

  34. H 12. Power-Driven Paper-Products Machines, Scrap Paper Balers and Paper Box Compactors Bans the operation of power-driven paper-products machines, including scrap paper balers and paper box compactors. www.dol.gov

  35. HO 12. Power-Driven Paper-Products Machines, Scrap Paper Balers and Paper Box Compactors Scrap Paper Balers and Box Compactors: 16 and 17 year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines. www.dol.gov

  36. Penalties for Violations • Employers who violate the youth employment provisions are subject to a civil money penalty of up to $11,000 for each violation. • Federal law prohibits the interstate movement of goods produced where youth employment violations are found. www.dol.gov

  37. Compliance Assistance www.youthrules.dol.gov The Department of Labor launched YouthRules! to help employers, parents, teachers, and working teens understand and comply with federal and state youth employment provisions. Visit the YouthRules! Website for important information that will help young workers find and maintain positive and safe employment. www.dol.gov

  38. Additional Information • Visit the WHD homepage at: www.wagehour.dol.gov • Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: www.dol.gov/elaws • Contact the nearest Wage and Hour Division Office. For the Omaha office, call 402-221-4682 www.dol.gov

  39. Teens in the Workforce • Approximately 6 million teens are working in the U.S. workforce • Over 50% of all 16-17 year olds work • More than 25% of all 15 year olds work Teens are working during more weeks of the year at more types of jobs. www.dol.gov

  40. Where Teens Are Working • 51% are working in retail • 34% are working in the service industry In terms of raw numbers, retail establishments, restaurants, and grocery stores are 3 of the largest employers of teen workers. www.dol.gov

  41. How Much Do Teens Work? Usually after a full day of school: 15 year olds average 17 hours of work 16-17 year olds average 21 hours of work per week www.dol.gov

  42. Teen Work Injury Statistics • Teens are injured at higher rates than adults—16 per 100 teens compared to 9 per 100 adults • 230,000 teens are injured annually, 158,000 of them are under age 18 • 100,000 teens visit the ER each year, 52,000 of them under age 18 www.dol.gov

  43. Teen Work Injury Statistics (Cont.) • 70 teens are killed on the job each year • 38 of these teens are under 18 years old The Centers for Disease Control found the greatest number of deaths occurred in Services (32%), Construction (28%), Wholesale and Retail (10%), and in Agriculture (10%) www.dol.gov

  44. Types of Injuries to Teens • Cuts and lacerations (34%) • Bruises and contusions (18%) • Sprains and strains (16%) • Burns (12%) • Fractures (4%) Examples: Hot surfaces/grease, wet floors, sharp knives, falling objects, violence, vehicles, cleaning products and other chemicals www.dol.gov

  45. Why Teens Get Hurt • Inexperience • Teen jobs are in industries with higher than average injury rates • Inadequate health and safety training • Unfamiliar with workplace hazards • Not enough supervision • Fatigue www.dol.gov

  46. Why Teens Get Hurt • They perform jobs for which they aren’t trained—sometimes without being asked • Working with dangerous tools and equipment • Being afraid of losing their job if they speak up www.dol.gov

  47. Tips for Employers • Verify ages of young employees • Know the child labor laws • Train managers on child labor laws • Provide minor employees information on child labor laws • Tell minors to ask questions www.dol.gov

  48. More Employer Tips • Review time records for minors • Post warning labels on prohibited equipment • Make compliance important • Encourage minors to say “no” if asked to do something that is prohibited or they do not feel they can do safely www.dol.gov

  49. Wage Payment & Collection Act (WPCA) • All wages are due employees on regularly scheduled days designated by the employer or agreed upon between the employer and employee • You must provide 30 days notice when changing a scheduled pay day • Unless it’s due to taxes or a court ordered garnishment, an employee’s written authorization is required before an employer is allowed to deduct, withhold, or divert a portion of the employee’s wages • For Example: If an employee steals merchandise or damages property, you must have their written authorization (written agreement) to make a deduction for reimbursement. OTHERWISE, YOU CAN’T MAKE THAT DEDUCTION FROM THEIR PAYCHECK. You must pursue collection in court for any damages. www.dol.gov

  50. WPCA Continued… • Deductions from a paycheck cannot bring an employees hourly wage below $7.25 per hour • This will be considered a minimum wage violation • Uniform Deductions: With written authorization, the employer is allowed to make a deduction for uniforms • The deduction must not bring the hourly pay below $7.25 • If the uniform is required to be returned at separation of employment and it is not, you must have a written statement to make the deduction for the uniform • If you make an employee pay for a uniform, they should not be required to return it www.dol.gov

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