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A discussion on children employment under the age of 14

Different standards apply to farm work. The Department of Labor is committed to helping young workers find those positive and early employment experiences that can be so important to their development, but the work must be safe.

The youth employment provisions of the FLSA were enacted to ensure that when young people work, the work does not jeopardize their health, well-being or educational opportunities. Employers are subject to the youth employment provisions generally under the same coverage criteria as established for the other provisions of the FLSA. It is an unfortunate fact that children do get injured, even killed, in the workplace.

The National Institute for Occupational Safety and Health estimates that 160,000 American children suffer occupational injuries every year—and 54,800 of these injuries are serious enough to warrant emergency room treatment.

Both Federal and State laws govern the employment of young workers and when both are applicable, the law with the stricter standard must be obeyed. The Federal youth employment provisions do not: Children of any age are generally permitted to work for businesses entirely owned by their parents, except those under age 16 may not be employed in mining or manufacturing and no one under 18 may be employed in any occupation the Secretary of Labor has declared to be hazardous.

Sixteen- and 17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor. Under 14 - Children under 14 years of age may not be employed in non-agricultural occupations covered by the FLSA. Permissible employment for such children is limited to work that is exempt from the FLSA such as delivering newspapers to the consumer and acting.

  • During the remaining week of the four-week cycle, the participant is permitted to work during school hours on no more than two days, and for no more than for eight hours on each of those two days;
  • Wrecking, demolition, and ship-breaking operations—bans most jobs in wrecking, demolition, and ship-breaking operations, but does not apply to remodeling or repair work which is not extensive;
  • When state youth employment laws differ from the federal provisions, an employer must comply with the higher standard;
  • Wrecking, demolition, and ship-breaking operations—bans most jobs in wrecking, demolition, and ship-breaking operations, but does not apply to remodeling or repair work which is not extensive.

Children may also perform work not covered by the FLSA such as completing minor chores around private homes or casual baby-sitting. In addition, Child Labor Regulation No.

There are currently 17 HOs which include a partial or total ban on the occupations or industries they cover. Manufacturing or storing explosives—bans minors working where explosives are manufactured or stored, but permits work in retail stores selling ammunition, gun shops, trap and skeet ranges, and police stations. Driving a motor vehicle or work as an outside helper on motor vehicles—bans operating motor vehicles on public roads and working as outside helpers on motor vehicles, except 17-year-olds may drive cars or small trucks during daylight hours for limited times and under strictly limited circumstances see Fact Sheet 34 in this series for information about on-the-job driving.

Coal mining—bans most jobs in coal mining. Occupations in forest fire fighting, forest fire prevention, timber tract, forestry service, and occupations in logging and sawmilling operations—bans most jobs in: Power-driven woodworking machines—bans the operation of most power-driven woodworking machines, including chain saws, nailing machines, and sanders.

Exposure to radioactive substances and ionizing radiation—bans employment of minors where they are exposed to radioactive materials.

Power-driven hoisting apparatus—bans operating, riding on, and assisting in the operation of most power-driven hoisting apparatus such as forklifts, non-automatic elevators, skid-steers, skid-steer loaders, backhoes, manlifts, scissor lifts, cherry pickers, work-assist platforms, boom trucks, and cranes. Does not apply to chair-lifts at ski resorts or electric and pneumatic lifts used to raise cars in garages and gasoline service stations.

Power-driven metal-forming, punching and shearing machines—bans the operation of certain power-driven metal-working machines but permits the use of most machine tools. Mining, other than coal—bans most jobs in mining at metal mines, quarries, aggregate mines, and other mining sites including underground work in mines, work in or about open cut mines, open quarries, and sand and gravel operations. Power-driven meat-processing machines, slaughtering and meat packing plants—bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used including restaurants and delicatessens.

  1. And children are not entitled to holiday pay even if they work regularly for an employer. The severity of any such injury will be taken into account in determining the amount of a CMP.
  2. They may not work from ladders, scaffolds, or their substitutes. A CMP assessment for a violation that causes the death or serious injury of a minor is subject to a higher statutory cap.
  3. Exposure to radioactive substances and ionizing radiation—bans employment of minors where they are exposed to radioactive materials.
  4. Work Experience and Career Exploration Program WECEP This program is designed to provide a carefully planned work experience and career exploration program for 14- and 15-year-old youths who can benefit from a career-oriented educational program designed to meet the participants' needs, interests and abilities. Power-driven bakery machines—bans the operation of power-driven bakery machines such as vertical dough and batter mixers; dough rollers, rounders, dividers, and sheeters; and cookie or cracker machines.

Also prohibits minors from cleaning such equipment, including the hand-washing of the disassembled machine parts. This ban also includes the use of this machinery on items other than meat, such as cheese and vegetables.

HO 10 also bans most jobs in meat and poultry slaughtering, processing, rendering, and packing establishments.

Power-driven bakery machines—bans the operation of power-driven bakery machines such as vertical dough and batter mixers; dough rollers, rounders, dividers, and sheeters; and cookie or cracker machines. Permits 16- and 17-year-olds to operate certain lightweight, small, portable, counter-top mixers and certain pizza dough rollers under certain conditions. Balers, compactors, and power-driven paper-products machines—bans the operation of all compactors and balers and certain power-driven paper products machines such as platen-type printing presses and envelope die cutting presses.

Sixteen- and 17-year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines see Fact Sheet 57. Manufacturing of brick, tile and related products—bans most jobs in the manufacture of brick, tile and similar products.

Power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs—bans the operation of, and working as a helper on, the named types of power-driven equipment, no matter what kind of items are being cut by the equipment. Wrecking, demolition, and ship-breaking operations—bans most jobs in wrecking, demolition, and ship-breaking operations, but does not apply to remodeling or repair work which is not extensive.

Trenching and excavation operations—bans most jobs in trenching and excavation work, including working in a trench more than four feet deep.

The term "operation" as used in HOs 5, 8, 10, 11, 12 and 14 generally includes the tasks of setting up, adjusting, repairing, oiling or cleaning the equipment. Child Labor Regulation No. The following is just a sample of prohibited occupations: They are prohibited from working in any of the Hazardous Orders or in most occupations involving transportation, construction, warehousing, communications and public utilities.

They may not work in processing, mining, in any workroom or workplace where goods are manufactured or processed, in freezers, or in meat coolers.

  • During the remaining week of the four-week cycle, the participant is permitted to work during school hours on no more than two days, and for no more than for eight hours on each of those two days;
  • They may not perform any baking operations.

They may not operate or tend any power-driven machinery, except office machines. They may not perform any baking operations. They may not be employed in youth peddling, sign waving, or door-to-door sales activities. They may not work from ladders, scaffolds, or their substitutes. They may not be employed to catch or coop poultry. They may work in most office jobs and retail and food service establishments.

They may be employed in occupations such as bagging groceries, office work, stocking shelves, and cashiering. They may work in intellectual or artistically creative occupations such as teacher, musician, artist, and performer. They may perform limited kitchen work involving the preparation of food and beverages.

They may perform only limited cooking duties see Fact Sheet 58. They may cook over electric or gas grills that do not involve cooking over an open flame and they may cook with deep fryers that are equipped with and utilize a device that automatically lowers the baskets into the hot oil or grease and automatically raised the baskets from the hot oil or grease. Properly certified 15-year-olds may work as lifeguards and swimming instructors at traditional swimming pools and water amusement parks.

  1. According to the Children's Legal Centre, exploitation of children is not just a problem in third world sweatshops - it's happening on our doorsteps.
  2. The superintendent of the public or private school system wishing to supervise and administer a WSP as discussed in this section must first receive permission form the Administrator of the Wage and Hour Division. Permits 16- and 17-year-olds to operate certain lightweight, small, portable, counter-top mixers and certain pizza dough rollers under certain conditions.
  3. This prohibition includes the starting and stopping of the machines and the feeding of materials into the machines as well as the off-bearing of materials from the machines.

The federal child labor provisions require that a 15-year-old must acquire additional certification if he or she is to be employed as a swim instructor. A traditional swimming pool means a water-tight structure of concrete, masonry, or other approved materials located either indoors or outdoors, used for bathing or swimming and filled with a filtered and disinfected water supply, together with buildings, appurtenances and equipment used in connection therewith.

A water amusement park means an establishment that not only encompasses the features of a traditional swimming pool, but may also include such additional attractions as wave pools; lazy rivers; specialized activities areas such as baby pools, water falls, and sprinklers; and elevated water slides.

Properly certified 15-year-olds would be permitted to be employed as lifeguards at most of these water park features, but not as attendants or dispatchers at the top of elevated water slides.

Not included in the definition of a traditional swimming pool or a water amusement park would be such natural environment swimming facilities as rivers, streams, lakes, reservoirs, wharfs, piers, canals, or oceanside beaches.

Lifeguards must be at least 16 years of age to be employed at such natural environment facilities. For more information about these provisions, please read Fact Sheet 60: Special Provisions Permitting the Employment of Certain Minors in Places of Business that Use Machinery to Process Wood Products Section 13 c 7 of the FLSA permits the employment of certain minors between the ages of 14 and 18 inside and outside of places of businesses where machinery is used to process wood products.

This exemption applies only to a minor who is: Although a minor meeting these requirements may be employed inside and outside of places of businesses that use machinery to process wood products—activities normally prohibited by Child Labor Regulation No.

Minimum Age and Workplace Restrictions

This prohibition includes the starting and stopping of the machines and the feeding of materials into the machines as well as the off-bearing of materials from the machines.

Such minors are also prohibited from cleaning, oiling, setting-up, adjusting and maintaining the machines. In addition, such minors must be protected from wood particles or other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient distance from machinery in operation. The minor is also required to use personal protective equipment to prevent exposure to excessive levels of noise and sawdust see Fact Sheet No.

Work Experience and Career Exploration Program WECEP This program is designed to provide a carefully planned work experience and career exploration program for 14- and 15-year-old youths who can benefit from a career-oriented educational program designed to meet the participants' needs, interests and abilities. The program is aimed at helping youths to become reoriented and motivated toward education and to prepare them for the world of work.

Certain provisions of CL Reg. They may work during school hours. They may work up to 3 hours on a school day; and as many as 23 hours in a school week. They also may work in some occupations that would otherwise be prohibited under a variance issued by the Administrator, but they may not work in manufacturing, mining or any of the 17 Hazardous Occupations. A WSP participant must be 14 or 15 years of age, enrolled in a college preparatory curriculum, and be identified by authoritative personnel from his or her school as being able to benefit from a work-study program.

Employment of participants in WSPs shall be confined to not more a discussion on children employment under the age of 14 18 hours in any one week when school is in session, a portion of which may be during school hours in accordance with the following formula that is based upon a continuous four-week cycle: In three of the four weeks, the participant is permitted to work during school hours on only one day per week, and for no more than for eight hours on that day.

During the remaining week of the four-week cycle, the participant is permitted to work during school hours on no more than two days, and for no more than for eight hours on each of those two days. The employment of WSP participants is still subject to the time of day and number of hours standards contained in 29 C.

The superintendent of the public or private school system wishing to supervise and administer a WSP as discussed in this section must first receive permission form the Administrator of the Wage and Hour Division. An employer that violates the youth employment provisions may be subject to civil money penalties CMPs. The amount of the CMP assessment, which may not exceed a cap set by statute, depends upon the application of statutory and regulatory factors to the specific circumstances of the case.

As a general matter, child labor CMP assessments will be higher if the violation contributed to the injury or death of the youth involved in the violation. The severity of any such injury will be taken into account in determining the amount of a CMP.

CMP assessments may be decreased based on the size of the business. CMP assessments will reflect the gravity of the violation and may be doubled if the violation is determined to be willful or repeated.

A CMP assessment for a violation that causes the death or serious injury of a minor is subject to a higher statutory cap. Both the significance of the injury and the duration of recovery are relevant in determining whether an injury is serious. If more than one violation caused a single death or serious injury, more than one CMP may be assessed.

Should that child really be working? Your guide to school-age staff

CMP assessments based on the death or serious injury of a minor may be doubled up to a higher statutory cap if the violation is determined to be willful or repeated. For current maximum CMP amounts, please visit https: Web site at www. When state youth employment laws differ from the federal provisions, an employer must comply with the higher standard. Links to your state labor department can be found at http: This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

  • A CMP assessment for a violation that causes the death or serious injury of a minor is subject to a higher statutory cap;
  • A child under school-leaving age is not entitled to statutory sick pay and, in reality, is most unlikely to receive contractual sick pay even if prevented from working by illness, according to the TUC.