labor lawAdivision of labor law center

The maritime industry is a big deal for Alabama. Yes, the state only has a sliver of the Gulf Coast to call its own, but that does not stop it. Employers in the Alabama maritime industry know what I am talking about, and the government of the state of Alabama also knows. That is why they have put some money out there to support the Alabama maritime industry through an apprenticeship program. The name of the program is the High School Maritime Apprenticeship Program, and that about says it all.

Most of this opportunity orbits out of Mobile, the port and main waterway hub of the state. What the program offers employers and the students who want to learn from them are apprenticeship positions in the industry that could pay as much as $8 per hour. But the true bonus for everyone involved comes when and if the students complete the apprenticeship program and become 18 years old. Then they are offered a full time position in the state’s maritime industry, through one of the employers who partnered with the state—such as Atlantic Marine Inc., or Alabama Shipyard, Austal USA or Bender Shipbuilding and Repair, or C and G Boatworks.

What it does for every employer in the Alabama maritime industry, however, is provide a constant and steady stream of new talent into the industry, which is what any industry can ask for, whether it is a trade industry such as maritime or a technology industry such as IT or a health care industry for that matter such as nursing.

For example, the current Alabama maritime industry program is similar to another apprenticeship program started in the state for the automotive industry, which partners the state with Mercedes Benz USI. As an employer or as an interested student, you should contact the Mobile Chamber of Commerce Center for Workforce Development for more info.

For employers, being ignorant of child labor law in their state can have unpleasant consequences.  Recently, a prominent Alabama employer pleaded guilty to 3 counts of violation of Alabama’s child labor laws. He had unknowingly allowed 3 underage employees to work until 9 p.m.

Employers need to be aware of the child labor law in their states. According to Jim Bennett, Alabama Commissioner of Labor, all minors under the age of 18 must have a work permit to be employed in Alabama. Youths ages 14 and 15 cannot work after 7 p.m. during the week, or more than 18 hours per week total. Youths ages 16, 17 and 18 who are enrolled in high school cannot work past 10 p.m. Sunday through Thursday. All of this information and more, is included on the child labor law poster.

Child labor laws vary greatly from state to state. In Alabama, for example, youths ages 14 and 15 can work no more than 18 hours per week during the school year. In Texas, youths aged 14 or 15 may work up to 48 hours per week during the school year.

Many states require that employers display a child labor law poster. Referring to the poster is a great way for employers and employees alike to get answers to their questions on child labor law. Subscribing to a poster service is the best way to assure that posters are always up to date. The posters are revised every year when child labor law changes. Each poster addresses a specific area of labor law. The posters prominently feature phone numbers employees can call if they believe their rights have been violated.

The child labor law poster ensures that employers are meeting federal and state regulations by having current posters on display in a conspicuous place at the job site. Both federal and state laws make various posters mandatory. To ensure that every employee sees them, a popular location is the employee break area. Sometimes the posters are displayed near the time clock or in another “employees only” area for maximum visibility. The posters inform employers and employees of their rights and responsibilities under the law. 

Although several items dealing with child labor are spelled out at the federal level, many states also have their own child labor laws on record. This is the case in Alabama. I found that Alabama has many laws dealing with child labor and I thought I would take a few moments to cover the highlights. These are all covered on the Alabama Child Labor Law Posters. Employers need to post the Alabama Child Labor Law Posters in an area where all employees have access to it.

In Alabama, it is required that employers attain work permits for any employee under the age of 18. The employer must keep these work permits on file and they are required 12 months out of the year. I learned that most of the high schools in the state of Alabama issue work permits. If the school does not, the county or city board of educations will be able to furnish one. It is quite easy for a teen to obtain the application for a work permit, too. If not found at the high school itself, one can be printed off of the internet. After the employer finishes filling in the application, the form is returned to the school and a permit is given.

At the ages of 14 and 15, there are many stipulations placed on working. For example, a 14 and 15 year old can work between 7 AM and 7 PM during the months when public school is in session, but they cannot work during the set hours of the school day or more than 3 hours on a school day. In total, they cannot work more than 18 hours per week. Outside of the school year, a 14 and 15 year old can work between the hours of 7 AM and 9 PM, up to 8 hours per day, and up to 40 hours per week. 14 and 15 year olds can only work in offices, grocery stores, retail stores, restaurants, movie theaters or amusement parks. Home-schooled students follow the same laws as students attending schools.

Between the ages of 16 and 18, the laws are a little less restrictive. A teen cannot work before 5 AM or after 10 PM on a night before a school day, which is Sunday through Thursday, and there are no restrictions if high school has been completed or the teen is no longer attending school. Any jobs not deemed hazardous can be filled by a 16 to 18 year old. Hazardous jobs include mining, logging, roofing, excavation, meatpacking or demolition positions.

Child labor laws are not something you want to ignore. If you wish to find out more about the applicable child labor laws in the state of Alabama, all you need to do is review the Alabama Child Labor Law Posters. Or, you can view all the posters on the Alabama Complete Labor Law Poster.

Due to the cases when child labor and other laws over-lap and supersede on a federal and state level, it becomes necessary to discuss the state laws to help employer’s limit liability. So I thought I would take a second today and discuss some of the special laws regulating child labor in Alabama.

First, all employer’s in the state of Alabama must have their under-age prospects apply and have on file a permit for all employee’s they plan on giving work, whom are under the age of 18. This applies all year long. The law is broke down into two age groups, so let us discuss them separately.

Ages 14-15. During the school season, adolescents in this age group cannot work more than three hours on a school day. During the summer month’s, when school is not in session*, adolescents can work 7A to 9P, but no more than 40 hours in one week.

Ages 16-17-18** While I didn’t find an hour break down specifically for teens in this group, I would think it would mimic the above, except for the hours of day they can work, which is, instead of 7A to 9P, it is 5A to 10P.

I am also a little confused, admittedly, because it is including 18 year olds in this group. Federal law mandates that in the cases where federal and state laws differ, the law which affords the youth the most protection would be the law acknowledged. But the clincher is, 18 year olds are not youth according to federal law. Now, I am not saying to break the law, but I just thought this was peculiar and that is the only opinion I am expressing! Now, I must mention that it says that if a student in this age group is finished with high school, then they can work any hours, but they cannot work just any job.

Therefore, let us now discuss the positions youth may work. (Youth defined under 18 remember) I am taking this from the Alabama’s State Government’s site: [14-15 Year Olds.] “…can work in an office, grocery store, retail store, restaurant, movie theater, or amusement park.” [16-17-18** Year Olds] “…can work in any job that is not hazardous. Prohibited jobs include work in mining, logging, meatpacking, roofing, excavation or demolition.”

[16-17-18** Year Olds] “…can not drive a car or forklift. Also, you can not work with explosives, radioactive materials or most power-driven saws or machines.”

*Other states (And the Federal Youth rules! Initiative) clarify that they can work up to eight hours on a non-school day, which may mean during holiday breaks, such as spring break.

** “Once a youth reaches 18 years of age, he or she is no longer subject to the Federal youth employment laws“ This is taken from the Department of Labor‘s Website. I rest my case your honor!.

In reviewing the current child labor laws, I learned that Alabama’s child labor law is similar to the federal law in many respects, while placing tighter restrictions on other aspects of minors’ work.

Alabama is one of a number of states that require a work permit for all workers under the age of 18.  Teenagers who have graduated from high school or are married are not exempt – they must get a permit as well.  Even the newspaper carrier needs a permit, and must carry it on his or her person while on the delivery route! Work permits can be obtained from the local board of education or the minor’s school.  Several items are required of the minor who wishes to get a work permit, including proof of age, a statement from a parent, and a statement from his or her prospective employer.

The state law in Alabama regulating the work hours of 14 and 15 year olds is very similar to the federal child labor law. While school is in session, minors of this age may not work during school hours.  They are allowed to work up to three hours per day on school days, but this work must be between the hours of 7am and 7pm. The total hours per week must not exceed 18.  While school is not in session during the summer months, a 14 or 15 year old minor may work between 7am and 9pm.  However, a minor of this age may still work no more than 40 hours per week during the summer months.

While federal law does not place any restrictions on the work hours of 16 and 17 year old minor employees, Alabama child labor law does place some restrictions.  A 16 or 17 year old who is enrolled in a secondary school may not work earlier than 5am or later than 10pm on any night preceding a school day.  No other restrictions are placed on the work hours of minors this age.

Finally, as in most other states, Alabama’s child labor law places restrictions on the types of jobs that minors may hold.  Minors under the age of 16 may not be employed in any manufacturing environments, and are restricted in some aspects of they job duties in other environments – for example, they are very limited in the types of cooking they may perform.  Any minor under the age of 18 is also prohibited from being employed in over two dozen hazardous environments, including mining, meatpacking, logging and roofing. 

All child labor laws pertaining to Alabama can be found alongside the federal laws on the Alabama Complete Labor Law posters.