Can I Hire My 15-Year-Old Son to Work for Me This Summer? Part 2 – Federal Child Labor Law

May 17, 2022 | Category: News

This article is Part 2 of our blog discussing child labor laws. The first article discussed state laws in Nevada. This next discussion covers federal law. Employers must comply with both state and federal law. This is intended to be an overview and not exhaustive as to what is permitted or prohibited.

FEDERAL LAW

16- And 17-Year-Olds: The Federal Fair Labor Standards Act (“FLSA”) child labor provisions are significantly more lenient for 16- and 17-year-olds than they are for 14- and 15-year-olds.

Prohibited Work for 16- and 17-Year-Olds:

  • Working in establishments where explosives or ammunition are made, used, or stored
  • Operating as a motor vehicle driver or outside helper on a motor vehicle on any public road or highway
  • Working in or about any mine
  • Logging, operating sawmills, working in forestry service or in timber tracts, fighting forest fires, or working in other forest fire-prevention occupations
  • Working with power-driven woodworking machines
  • Working in occupations involving exposure to radioactive substances
  • Working with power-driven hoisting devices, including elevators, cranes, derricks, and high-lift trucks
  • Working with rolling, pressing, punching, bending, hammering, or shearing machines
  • Slaughtering, packing, processing, or rendering meat or poultry and operating most power-driven meat-processing equipment
  • Operating or helping to operate power-driven baking machines such as dough mixers
  • Operating or helping to operate power-driver balers, box compactors, or other paper products
  • Manufacturing brick, tile and other similar products
  • Operating or helping to operate certain types of power-driven saws, shears, woodchippers, and abrasive cutting discs
  • Working in wrecking, demolition, and shipbreaking
  • Working on or about roofs
  • Working in most excavation operations

There are certain partial exemptions for several of the prohibited occupations. For more information, visit the website for the US Department of Labor at www.dol.gov. A few of the more common exemptions include the following:

  • A 17-year-old (but not a 16-year-old) with a valid driver’s license may perform “incidental and occasional” work as a motor vehicle driver or outside helper on a motor vehicle under certain circumstances
  • Working in the office of connection with occupations that would otherwise be prohibited
  • Entering a sawmill building under certain circumstances
  • The Federal Department of Labor will not assert violations for 16- and 17-year-olds who assist an adult worker in operating power-driven hoists in hospitals, nursing homes, and residences as long as certain conditions are met
  • Operating certain lightweight countertop food mixers and pizza dough rollers

14- and 15-Year-Olds: Under federal law, unless a regulation states that work is specifically permitted, it is prohibited. This section of the regulations only applies to nonagricultural work. Agricultural work is subject to its own regulations which are available at the DOL website.

Permitted Work for 14- and 15-Year-Olds:

  • Office and clerical work, including the operation of office machines
  • Cashiering, selling, modeling, artwork, work in advertising departments, window trimming, and comparative shopping
  • Price marking and tagging by hand, machine, packing, and shelving
  • Bagging and carrying out customer orders
  • Errand and delivery work by foot, bicycle, and public transportation, but not public messenger work
  • Cleanup work, including using vacuum cleaners, floor waxers and maintaining grounds
  • Limited work servicing cars and trucks, including dispensing gas and oil, courtesy service, car cleaning, washing, and polishing by hand, but not work involving the use of pits, racks, lifting apparatus, or the inflation of a tire mounted on a rim

Other Types of Permissible Work:

  • Cooking with an electric or gas grill that does not involve cooking over an open flame but not with rotisseries, broilers, and cooking devices operating at extremely high temperatures
  • Cooking with deep fryers with automatic devices to lower baskets
  • Cleaning vegetables and fruits; also wrap, seal, label, weigh, price, and stock items if physically separate from a freezer or meat cooler. But 14- and 15-year-olds are permitted to do counter work in quick-service establishments or cashiers in grocery stores which would require occasional entry into a freezer momentarily
  • Certain other types of kitchen work involving preparing and service food and beverage, e.g., dishwashers, toasters, dumbwaiters, popcorn poppers; milk shake blenders; coffee grinders; automatic coffee makers; warmers; steam tables; microwave ovens used only to warm prepared food
  • Clean kitchen equipment unless otherwise prohibited; remove oil and grease filters, pour oil and grease through filters
  • Intellectual or artistically creative work such as computer programming, writing software, teaching, or tutoring, serving as a peer counselor or teacher’s assistant, singing, playing a musical instrument
  • Working as a lifeguard is permitted for 15-year-olds only (not 14-year-olds), if trained and certified
  • Loading and unloading light, nonpower-driven hand tools such as rakes or shovels if personal protective equipment is used
  • Certain work in connection with riding inside passenger compartments of vehicles
  • Certain jobs at businesses that use machinery to process wood products, but may not operate power-driven woodworking machines

Prohibited Work for 14- and 15-Year-Olds:  The following are some examples of prohibited work:

  • Manufacturing, mining, or processing occupations
  • Work around boiler or engine rooms
  • Outside window washing that involves working from windowsills or use of ladders, scaffolds or their substitutes
  • All baking and cooking activities except as specifically permitted
  • Loading and unloading goods onto or off of motor vehicles, railroad cars, etc.
  • Working with power-driven machinery such as lawn mowers; golf carts; all-terrain vehicles; trimmers; cutters; weed-eaters; edgers; food slicers; food grinders; food choppers; food processors; food cutters; and most food mixers
  • Door-to-door sales or street sales, except selling goods or services to customers at the employer’s place of business such as garden centers and sidewalk sales is permitted
  • Holding signs or wearing costumes to attract customers is prohibited unless the work is done inside or right in front of the business
  • Catching and cooping poultry

Hours of Work for 14- and 15-Year-Olds:

Prohibited hours of work for 14- and 15-year-olds include:

  • School hours
  • Between 7 p.m. and 7 a.m. except during summer, when the evening hour is 9 p.m.
  • More than 40 hours in any one week when school is not in session
  • More than 18 hours in any one week when school is in session
  • More than 8 hours in any one day when school is not in session; and
  • More than 3 hours in any one day when school is in session, including Fridays

Certain hour requirements are exempt for 14- and 15-year-olds employed to perform sports-attending services at professional sporting events, with certain restrictions on duties.

Certificates of Age

The federal government does not require work permits or proof-of-age certificates for a minor to be employed. However, in order to protect yourself, you should possess proof of age for all employees under the age of 19. By doing so, you will have certain legal defenses against child labor violations if you have on file a valid certificate showing that the employee is the required age.

The Nevada Labor Commissioner does not issue age certificates. They are only available for kids under 14 years old and must come from a District Court Judge. You can obtain an age certificate from the U.S. Department of Labor. Go to their website for instructions. The use of these certificates is not mandatory under the FLSA but are highly recommended if there is reason to believe a worker is not old enough to perform a given job, for instance, if he or she has an especially youthful appearance, or if he or she claims to be only a few years older than the required age.

Frequently Asked Questions:

  1. What is the youngest age at which a person can be employed?

14 is the minimum wage for most nonagricultural work. At any age youth can deliver newspapers, perform in radio or other theatrical work; work in businesses owned by parents except mining, manufacturing, or other hazardous jobs; and perform babysitting or minor chores in a private home. Also, youth may be employed at any age as homeworkers to gather evergreens and make evergreen wreaths.

  1. Must young workers be paid minimum wage?

FLSA requires payment of at least the federal minimum wage to covered, nonexempt employees. However, a special minimum wage of $4.25 an hour applies to employees under the age of 20 during their first 90 consecutive calendar days of employment. After 90 days, the FLSA requires employers to pay the full federal minimum wage.

  1. Must a youth have a permit to work?

FLSA does not require that youth get work permits or work papers to get a job. Some state laws do require work permits prior to getting a job. Nevada does not.

  1. Are there penalties for child labor violations?

Yes. The penalty rises if a violation causes death or serious injury. Employers are subject to civil penalties for each violation of the minimum wage and overtime provisions.

Numerous factors are considered in deciding whether to assess penalties and the amount of such penalties. Those factors include:

  • Size of the business, including the number of employees and the dollar volume of sales or business done;
  • Gravity of the violations, taking into account history of prior violations;
  • Number of minors illegally employed;
  • Evidence of willfulness or failure to take reasonable precautions to avoid violations;
  • Ages of the minors employed and records of the required proof of age;
  • Occupations in which the minors were so employed;
  • Exposure to hazards;
  • Duration of illegal employment; and
  • The hours of the day in which it occurred and whether such employment was during or outside of school hours.

DOL investigators typically use a standard form to weigh the factors and determine a recommended penalty, which is then reviewed by a higher-level official before penalties are assessed.

PRACTICAL POINTERS

In order to avoid child labor penalties, employers should follow these tips:

  • Employers are responsible for verifying the age of their minor employees. Age certificates do not give employers authority to violate child labor laws.
  • Employers must determine the minor’s age and set his or her job duties and work schedules accordingly and carefully.
  • Employers must file the minor’s age certificate, keeping it for as long as the minor is employed.
  • EMPLOYERS MUST CHECK BOTH STATE AND FEDERAL LAW and comply with the more restrictive law.

If you have any questions, or need help with developing policies, you are invited to contact  any of the employment lawyers at Lemons, Grundy & Eisenberg.