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California Child Labor

June 8th, 2007 Posted by Amelia

In April, the U.S. Department of Labor published a proposal to update the portion of the FLSA concerning teenaged workers. The proposed changes are expected to provide additional protection for young workers.

The U.S. Department of Labor recently announced that it will update the federal child labor laws for the 21st century. The Department of Labor is seeking comments on these proposed changes and a number of other issues related to the employment of youth. All of the occupations under consideration are non-agricultural. Any comments should be submitted to the U.S. Dept. of Labor. Submission may be done electronically

Employers should keep in mind that any changes under this plan will apply to the federal laws, not the California child labor laws. The federal child labor laws are part of the Fair Labor Standards Act. Passed in 1932, the FLSA was the first comprehensive federal law to protect young workers. Prior to its passage, it was common for children as young as 8 years old to be employed for 10 to 12 hours per day in mills and factories. They frequently operated dangerous machinery, and sometimes worked all day without a meal break. The FLSA is the same law that established a federal minimum wage, and governs overtime pay for those who work more than 40 hours per week.

Key new provisions under these changes will prohibit young people ages 14 and 15 from participating in door-to-door sales, also known as youth peddling activities. It’s important to note that young people would still be allowed to sell candy, magazines, cookies and similar items for their school or favorite charity. The law simply prohibits employers from hiring young people for such activities.

In general, the FLSA allows 14 and 15 year olds to work only in certain occupations that are explicitly approved by the Secretary of Labor. In addition, such employment must not interfere with the youngster’s schooling or health and well-being. On the other hand, 16 and 17 year olds may work in any occupation except those that have been found to be “particularly hazardous” or “detrimental to their health or well-being”. Under the proposed changes, firefighting would fall into that category of prohibited occupations for those under the age of 18.