Florida Child Labor Laws

1. Florida Child Labor Laws

2. Questions Why are child labor laws necessary? What is a “child?” How do child labor laws affect students with jobs? What laws apply to hiring a child? How do child labor laws affect students with SAEs? In this lesson, we will be discussing the importance of child labor laws and how they affect students in agricultural programs. We will being by recognizing why child labor laws are necessary and who exactly they affect. What is a “child” by legal standards? How does the legal definition differ from the description you and I would give? These questions are important in understanding how child labor laws pertain to different age groups of children. As an agriculture teacher, being familiar with laws that could influence experiences your students will have as a result of their involvement in a SAE or OJT program is essential. In this lesson, we will be discussing the importance of child labor laws and how they affect students in agricultural programs. We will being by recognizing why child labor laws are necessary and who exactly they affect. What is a “child” by legal standards? How does the legal definition differ from the description you and I would give? These questions are important in understanding how child labor laws pertain to different age groups of children. As an agriculture teacher, being familiar with laws that could influence experiences your students will have as a result of their involvement in a SAE or OJT program is essential.

3. What are child labor laws necessary? Protect children Provide rules for employers Restrict work time Reduce work hazards Decrease health risks Ensure safe workplace for a child Federal Child Labor Laws were created to ensure that, if a minor is employed, the work is safe and does not jeopardize their health, well-being or educational opportunities. By knowing, understanding and complying with these provisions, agricultural employers, parents, and teachers can help working teens enjoy those safe, positive, early work experiences that can be so important to their development (“Federal Child Labor Laws”). Federal Child Labor Laws were created to ensure that, if a minor is employed, the work is safe and does not jeopardize their health, well-being or educational opportunities. By knowing, understanding and complying with these provisions, agricultural employers, parents, and teachers can help working teens enjoy those safe, positive, early work experiences that can be so important to their development (“Federal Child Labor Laws”).

4. What is a “child?” A person 17 years old or younger, unless: Holds a public school waiver Has been married Graduated from accredited high school or hold high school equivalency diploma Served(ing) in U.S. Armed Forces Enrolled in high school work programs The legal description of a child might differ from the societal definition. Most of the time, a person 17 years old or under is considered a child. These are the legal stipulations for a person under 17 years of age to be considered an adult. The legal description of a child might differ from the societal definition. Most of the time, a person 17 years old or under is considered a child. These are the legal stipulations for a person under 17 years of age to be considered an adult.

5. What laws apply to hiring a child? Under 14 years of age Ages 14 & 15 Ages 16 & 17 There are specific laws that apply to children of different age groups. Children under 14 years of age are subject to alternative regulations than children 14-15 years old and children in the 16-17 year age group. There are specific laws that apply to children of different age groups. Children under 14 years of age are subject to alternative regulations than children 14-15 years old and children in the 16-17 year age group.

6. Under 14 Cannot work – except: Working for parents in non-hazardous job Newspaper delivery (10 years old) Pages in the Florida Legislature In the entertainment industry (if registered with Child Labor Compliance) Any occupation if authorized by a court Children under 14 may not be employed except for a certain set of circumstances. They may work for their parents in a non-hazardous occupation. Children at least 10 years old may be employed as a newspaper dispenser. A child under 14 employed in the entertainment industry may work, but must be registered with the Child Labor Compliance. A child under 14 working in any other occupation must be authorized by a court in order to be employed legally. Children under 14 may not be employed except for a certain set of circumstances. They may work for their parents in a non-hazardous occupation. Children at least 10 years old may be employed as a newspaper dispenser. A child under 14 employed in the entertainment industry may work, but must be registered with the Child Labor Compliance. A child under 14 working in any other occupation must be authorized by a court in order to be employed legally.

7. Age 14 & 15 No child age 14 or 15 may be employed or permitted to work: During school hours 14 & 15 year old children may work: Up to 15 hrs/week while school is in session When a school day follows: Only between 7:00 am & 7:00 pm 3 hrs/day When a school day does not follow: Up to 8 hrs/day on Fri., Sat., & Sun.; and on non-school days Until 9:00 pm A child in the 14-15 year age group may not work during school hours at all. They may work up to 15 hours per week while school is in session. When school is in session the next day, a child 14-15 years old may only work between 7:00 am and 7:00 pm and only 3 hours per day. On a day that a school day does not follow, the child may work up to 8 hours and until 9:00 pm. For instance, if a student works at an establishment that closes at 11:00 pm, that student may only work until 7:00 pm on a night before a school day and until 9:00 pm on a night before a school day. A child in the 14-15 year age group may not work during school hours at all. They may work up to 15 hours per week while school is in session. When school is in session the next day, a child 14-15 years old may only work between 7:00 am and 7:00 pm and only 3 hours per day. On a day that a school day does not follow, the child may work up to 8 hours and until 9:00 pm. For instance, if a student works at an establishment that closes at 11:00 pm, that student may only work until 7:00 pm on a night before a school day and until 9:00 pm on a night before a school day.

8. Age 14 & 15 (continued) May work no more than 6 consecutive days May work no more than 4 consecutive hours without a 30-minute uninterrupted break Farm work (not on parents farm) is treated as any other job Children ages 14-15 may not work more than 6 consecutive days. They also may not work more than 4 consecutive hours without a 30-minute uninterrupted break. If a child works on a farm, the same rules apply as any other occupation. Children ages 14-15 may not work more than 6 consecutive days. They also may not work more than 4 consecutive hours without a 30-minute uninterrupted break. If a child works on a farm, the same rules apply as any other occupation.

9. Age 16 & 17 Cannot work during school hours, unless: Hold waivers from attending a public school or Child Labor Compliance Are or have been married Either graduated from an accredited high school or hold a high school equivalency diploma Served in the U.S. Armed Forces Are enrolled in high school work program The qualifications for students ages 16-17 to work during school hours are basically the same as the qualifications for a 17-year-old to be considered an adult. They may not work during school hours unless they are enrolled in an OJT program, have served in the U.S. Armed Forces, or hold waivers from a public school or a Child Labor Compliance. These persons may also work during school hours if they have been married or hold a high school equivalency diploma. The qualifications for students ages 16-17 to work during school hours are basically the same as the qualifications for a 17-year-old to be considered an adult. They may not work during school hours unless they are enrolled in an OJT program, have served in the U.S. Armed Forces, or hold waivers from a public school or a Child Labor Compliance. These persons may also work during school hours if they have been married or hold a high school equivalency diploma.

10. Age 16 & 17 (continued) When school is in session the following day, students may work: Up to 30 hours per week Not before 6:30 am or after 11 pm Not more than 8 hours/day (when school is scheduled the next day) When school does not follow the next day: No hour restrictions For children ages 16-17, the regulations are a bit more lax. When school is following the next day, they may work up to 30 hours per week, between the hours of 6:30 am and 11:00 pm. These children may not work more than 8 hours per day unless school is not scheduled the next day. For children ages 16-17, the regulations are a bit more lax. When school is following the next day, they may work up to 30 hours per week, between the hours of 6:30 am and 11:00 pm. These children may not work more than 8 hours per day unless school is not scheduled the next day.

11. Age 16 & 17 (continued) No more than 6 consecutive days in one week No more than 4 consecutive hours without a 30-minute uninterrupted break

12. Hazardous Occupations- Under 16 years The Secretary of labor has declared the following occupations “hazardous” for children under 16 year of age: 1. Operating a tractor of over 20 power-take-off (PTO) horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor. 2. Operating or assisting to operate (including starting, stopping, adjusting, feeding or any other activity involving physical contact associated with the operation) any of the following machines: a. corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, mobile pea viner; b. feed grinder, crop dryer, forage blower, auger conveyer, or the unloading mechanism of a nongravity-type self-unloading wagon or trailer; or c. power post hole diggers, power post driver, or nonwalking type rotary tiller. Other than the time regulations, Federal Law prohibits children under 16 years of age from working in conditions deemed “hazardous” by the Secretary of Labor. Other than the time regulations, Federal Law prohibits children under 16 years of age from working in conditions deemed “hazardous” by the Secretary of Labor.

13. Hazardous Occupations-Under 16 yrs 3. Operating or assisting to operate (including starting, stopping, adjusting, feeding, or any other activity involving physical contact associated with the operation) any of the following machines: a. trencher or earthmoving equipment; b. forklift; c. potato combine; or d. power-driven circular, band, or chain saw. 4. Working on a farm in a yard, pen, or stall occupied by a: a. bull, boar, or stud horse maintained for breeding purposes; b. a sow with suckling pigs, or a cow with a newborn calf (with umbilical cord present). 5. Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than 6 inches. 6. Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees, picking fruit, etc.) at a height of over 20 feet. 7. Driving a bus, truck, or automobile when transporting passengers or riding on a tractor as a passenger or helper.

14. Hazardous Occupations- Under 16 yrs 8. Working inside: a. a fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere; b. an upright silo within 2 weeks after silage has been added or when a top unloading device is in operating position; c. a manure pit; or d. a horizontal silo while operating a tractor for packing purposes. 9. Handling or applying toxic agricultural chemicals (including cleaning or decontaminating equipment, disposal or return of empty containers, or serving as a flagman for aircraft applying such chemicals). Such toxic chemicals are identified by the word “poison,” or “warning,” or are identified by a “skull and crossbones” on the label. Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cord; or Transporting, transferring, or applying anhydrous ammonia.

15. Hazardous Occupations Minors under 18 years old may not work: In or around explosives or radioactive substances Operating motor vehicles Logging or sawmilling *Operating power-driven meat processing machines (including meat & vegetable slicers) *On scaffolding, roofs or ladders above 6 ft. Wrecking, demolition, or excavation Mining operations Manufacturing brick and tile products *Operating circular saws, band saws, & guillotine shears Children under 18 years of age also have regulations on occupations deemed “hazardous.” These occupations are different than the prohibited occupations for 16-17 year olds with the exception of some apprenticeship opportunities. Children under 18 years of age also have regulations on occupations deemed “hazardous.” These occupations are different than the prohibited occupations for 16-17 year olds with the exception of some apprenticeship opportunities.

16. Hazardous Occupations (cont.) *Operating power-driven bakery; metal-forming, punching, shearing machines; woodworking, paper products or hoisting machines Working with compressed gases exceeding 40 psi Working in/around toxic substances, corrosives, pesticides Firefighting *Working with electrical apparatus or wiring *Operating, or assisting to operate, tractors over 20 PTO horsepower, forklifts, earthmoving equipment, harvesting, planting, or plowing machinery or any mowing equipment *16-17 year olds eligible for employment as apprentices or student learners

17. How do child labor laws impact SAEs (Work-based Learning)? Four criteria – Experience must be: An integral part of the planned curriculum or program of study of the student Must be based on specific competencies Quantifiable and “documentable,” as defined, and fall within reasonable data-collection resource demands FTE credit generating, except for approved shadowing and mentoring experiences In order to be classified as a Supervised Agricultural Experience, the activity must meet four essential criteria. The experience must be an addition to an integral part of the planned curriculum or program of study of the student. The experience must be based on specific competencies and must be quantifiable within reasonable data-collection resource demands. Except for approved shadowing and mentoring experiences, the experience must generate FTE credits. The supervised agricultural experience is an integral part of agriculture education as a whole. This experience allows the student to apply knowledge gained in the classroom in a hands-on setting and also holds the student responsible for their own project. In order to be classified as a Supervised Agricultural Experience, the activity must meet four essential criteria. The experience must be an addition to an integral part of the planned curriculum or program of study of the student. The experience must be based on specific competencies and must be quantifiable within reasonable data-collection resource demands. Except for approved shadowing and mentoring experiences, the experience must generate FTE credits. The supervised agricultural experience is an integral part of agriculture education as a whole. This experience allows the student to apply knowledge gained in the classroom in a hands-on setting and also holds the student responsible for their own project.

18. Apprenticeships Youth Apprenticeship Program Career-based program of academic and technical instruction In-school component; coordinated paid work-experience component Follows career major strategy Formal connections to registered apprenticeships and/or related postsecondary occupational/technical programs An apprenticeship is an on-the-job training that prepares an individual for the career in which he or she is being trained. Generally, the supervisor or employer assists the apprentice in learning his or her trade in exchange for their employment for a pre-determined amount of time after the apprenticeship has been completed. For a youth apprenticeship program, it must be career-based and have an in-school component. The apprenticeship must follow a career major strategy and have a formal connection to registered apprenticeships. An apprenticeship is an on-the-job training that prepares an individual for the career in which he or she is being trained. Generally, the supervisor or employer assists the apprentice in learning his or her trade in exchange for their employment for a pre-determined amount of time after the apprenticeship has been completed. For a youth apprenticeship program, it must be career-based and have an in-school component. The apprenticeship must follow a career major strategy and have a formal connection to registered apprenticeships.

19. Apprenticeships Preapprenticeship Program – prepares persons 16 years of age or older to become an apprentice Registered Apprenticeship Program – as above, but registered and approved

20. Clinical/Practicum Experiences Work-based experiences Offer job-preparatory activities in a work setting under the supervision of a practicing employee/professional Both student and clinical instructors supervised by school-based coordinators Results in credit toward cert., licensure, degree 40 or more hours Completed at work site Normally unpaid Clinical or practicum experiences are generally unpaid and completed at the work site. This experience results in a credit toward a certification, license, or degree in the subject being practiced. In this situation, both the student and instructors are supervised by school-based coordinators. The purpose of this experience is to obtain job-preparatory activities in a work setting under the supervision of a practicing professional. Clinical or practicum experiences are generally unpaid and completed at the work site. This experience results in a credit toward a certification, license, or degree in the subject being practiced. In this situation, both the student and instructors are supervised by school-based coordinators. The purpose of this experience is to obtain job-preparatory activities in a work setting under the supervision of a practicing professional.

21. Cooperative Education Structured job-preparatory instruction 40 or more hours on worksite Paid job and classroom instruction Credit for both Job related to instruction Cooperative education is a mixture of classroom learning and paid experience on the jobsite. This type of setting is designed for the student to learn employability skills and then apply them at their designated work site. This experience is usually related to classroom instruction and the student receives credit for both. Cooperative education is a mixture of classroom learning and paid experience on the jobsite. This type of setting is designed for the student to learn employability skills and then apply them at their designated work site. This experience is usually related to classroom instruction and the student receives credit for both.

22. Internships Exploratory or preparatory Paid or unpaid worksite experiences 40 or more hours Activities may include special projects, sample of tasks from different jobs, or tasks from a single occupation Internships may include community service placements Internships are designed to allow students to explore the studied occupation in detail and prepare for future occupation before becoming employed themselves. An intern is to begin shadowing their supervisor and eventually take over their tasks. This experience is meant to give the student an accurate understanding of the job in which they will be employed. Internships are designed to allow students to explore the studied occupation in detail and prepare for future occupation before becoming employed themselves. An intern is to begin shadowing their supervisor and eventually take over their tasks. This experience is meant to give the student an accurate understanding of the job in which they will be employed.

23. Mentoring (Work-based) Paid or unpaid career-awareness, exploration, or preparation experiences 8 or more hours Student paired with employee mentor Individual experiences not tracked individually The purpose of a mentoring experience is generally career-awareness, exploration, or preparation setting. Students are paired with employee mentors in order to obtain knowledge of the career being observed. Individual experiences are not tracked since this is mainly a knowledge-gathering experience. The purpose of a mentoring experience is generally career-awareness, exploration, or preparation setting. Students are paired with employee mentors in order to obtain knowledge of the career being observed. Individual experiences are not tracked since this is mainly a knowledge-gathering experience.

24. Job Shadowing Follows experienced employee on the worksite for four or more hours Career-awareness or exploratory activities Unpaid Individual experiences not tracked individually Job shadowing is similar to mentoring in that the designated purpose of the experience is to gain knowledge of the occupation being observed. Individual experiences are not tracked since this is an exploratory experience. Job shadowing is similar to mentoring in that the designated purpose of the experience is to gain knowledge of the occupation being observed. Individual experiences are not tracked since this is an exploratory experience.

25. On-the-Job Training (OJT) Paid or unpaid Hands-on training 40 hours or more in specific occupational skills provided at work site May be part of larger type of program On-the-job training, or OJT, is a hands-on training to be completed on the job site. This is a program in which students may enroll in a class at school to learn employability skills and may then leave school early to apply this knowledge at their designated work site. In an agricultural education program, the work site must, in some cases, be related to agriculture. On-the-job training, or OJT, is a hands-on training to be completed on the job site. This is a program in which students may enroll in a class at school to learn employability skills and may then leave school early to apply this knowledge at their designated work site. In an agricultural education program, the work site must, in some cases, be related to agriculture.

26. School Enterprise Activities carried out in a school or employer-sponsored enterprise in which goods or services are produced by students 40 or more hours Provide career-awareness, exploration, or preparation experiences Normally involve students in all aspects of the business, to the extent practicable On or off school site, but must be part of students’ regular school program School enterprises are activities carried out in a school or employer-sponsored enterprise in which goods or services are produced by students. This could be a fundraising or entrepreneurship endeavor involving students in all aspects of the business possible. - One example would be to have students grow various types of plants beginning with cuttings, taking care of them into adulthood, and then organizing a sale in which the students are able to utilize business skills to sell their final product. School enterprises are activities carried out in a school or employer-sponsored enterprise in which goods or services are produced by students. This could be a fundraising or entrepreneurship endeavor involving students in all aspects of the business possible. - One example would be to have students grow various types of plants beginning with cuttings, taking care of them into adulthood, and then organizing a sale in which the students are able to utilize business skills to sell their final product.

27. References Federal child labor laws. (2007). Child Labor Requirements In Agricultural Occupations Under the Fair Labor Standards Act (Child Labor Bulletin 102), Retrieved from <http://www.dol.gov/whd/regs/compliance/childlabor102.pdf > Phipps, L. J., Osbourne, E. W., Dyer, J.E., & Ball, A.L. (2008). Handbook on Agricultural Education in Public Schools. Clifton Park, NY: Thompson Delmar Learning.