Wage and Hour Division Issues New Child Labor Regulations

Today the Department of Labor’s Wage and Hour Division published a final rule addressing a number of issues related to youth employment in non-agricultural occupations. The provisions of the final rule will become effective on July 19, 2010. Thus, employers should pay particular attention to the new rules as they make hiring decisions for the summer, so they will not suddenly find themselves non-compliant in the middle of the summer.

Generally, the new rules implement statutory changes from Congress, recommendations from the National Institute for Occupational Safety and Health (NIOSH), and several Departmental enforcement positions. Selected changes contained in the new rule include:

• Incorporating into the regulations statutory changes regarding the assessment of child labor civil money penalties. Civil money penalties for child labor violations can be as high as $11,000 per employee subject to the violation, and up to $50,000 for each violation that causes the death or serious injury of an employee under 18 years of age ($100,000 if the violation is repeated or willful).
• Removing a 40-year-old provision that generally limits the employment of 14- and 15-year-olds to jobs in retail, food service, and gasoline service establishments.
• Defining “school hours” for 14- and 15-year-olds as the hours that the local (where the youth resides while employed) public school district is in session.
• Clarifying that the three-hour limitation applicable to a 14- or 15-year old working on a school day includes Fridays.
• Requiring employers to use the same workweek for child labor compliance as they do for overtime compliance.
• Permitting 14- and 15-year olds to momentarily enter freezers to retrieve items.
• Permitting 14- and 15-year-olds to ride in a motor vehicle as passengers, except when a “significant reason” for being a passenger is for the purpose of performing work in connection with the transportation of other persons or property. The rule also permits 14- and 15-year-olds to loan and unload certain light hand tools and personal items that the minor will use at the job site.
• Banning door-to-door sales and “sign waving” (unless directly outside of the employer’s place of business) by youth under 16 years of age. This ban would not apply to volunteers who go door-to-door for charitable purposes.
• Establishing a work-study program for 14- and 15-year-old students.
• Allowing 14- and 15-year-olds to perform work of an intellectual or artistic nature. Such work includes computer programming, drawing, and teaching.
• Permitting 14- and 15-year olds to be employed inside and outside places of business that use power-driven machinery to process wood products, under specific conditions.
• Permitting 15-year-olds (but not 14-year-olds) to work as lifeguards and swimming instructors at swimming pools and water parks if properly trained and certified. Youth under 16 years of age are still prohibited from working as a dispatcher at the top of elevated water slides or as lifeguard at a natural environment (e.g., lakes, rivers, ocean beaches).
• Permitting 16- and 17-year-olds to operate, under specified conditions, power-driven pizza-dough rollers and portable, countertop food mixers.
• Restricting 16- and 17-year-olds from:
  • Working at poultry slaughtering and packaging plants;
  • Using or cleaning power-driven meat processing machines;
  • Riding on a forklift as a passenger;
  • Working in forest fire fighting, forestry services, and timber tract management;
  • Operating certain power-driven hoists and work assist vehicles;
  • Operating balers and compacters designed or used for non-paper products. The rule also refines the exception that permits minors to load certain scrap paper balers and paper box compactors; and
  • Operating power-driven chain saws, wood chippers, reciprocating saws, and abrasive cutting discs.

The rule contains restrictions on activities in a variety of industries. Moreover, with respect to 14- and 15-year-olds, any job not specifically identified by the Department as “permissible” is prohibited. If you intend to hire workers under the age of 18 this summer, you should consult with counsel to ensure compliance with the new regulations.

For more information, please contact the Seyfarth attorney with whom you work or any Labor & Employment attorney on our website.