labor lawAdivision of labor law center

One aspect of the Genetic Information Nondiscrimination Act of 2008 or GINA that was overlooked by many employers strengthens the federal child labor laws.

 

The amendment to the Fair Labor Standards Act or FLSA allows the US Department of Labor to impose heftier fines when employers violate federal child labor laws.

 

Under GINA, employers may be fined up to $100,000 for child labor violations that result in the death of or serious injury to a worker under the age of 18.

 

The US Department of Labor is charged with enforcing federal child labor laws, although many states also have their own laws or regulations regarding workers under the age of 18.

 

Section 302 of GINA doubles the maximum penalty for repeated or willful violations of the FLSA child labor laws from $50,000 to $100,000. 

 

This change was prompted by a number of fatal accidents involving underage workers in recent years. In one Oklahoma incident, a minor was killed in a fall from a rooftop. The investigation showed that the employer had a history of hiring workers under the age of 18 as roofers. Working on a rooftop and roofing are prohibited occupations for employees under the age of 18, under the Fair Labor Standards Act or FLSA. The Fair Labor Standards Act limits the jobs that minors may hold. It specifically excludes minors from any employment that is considered dangerous, from running a deep-fat fryer or meat slicer in a restaurant kitchen to many construction jobs.

 

Secretary of Labor Elaine Chao said, “We are pleased that the Congress has enacted the administration’s proposal to strengthen the nation’s child labor laws and to provide today’s teenagers with safe employment opportunities.”

 

The legislation, which amends the Fair Labor Standards Act, implements the administration’s proposal to increase the civil money penalties that may be imposed for child labor violations that result in the death of or serious injury to children. The U.S. Department of Labor is responsible for enforcing the child labor provisions of the Fair Labor Standards Act.

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