The new regulations, which take effect next Monday, July 19, 2010, make a variety of changes to how DOL will interpret the child labor provisions of the Fair Labor Standards Act, Thompson-West Publications says in a newly released special report.
"Perhaps the most significant among them is the lifting of a decades-old restriction that limited the industries in which 14- and 15-year-olds were permitted to work. Now, instead of being allowed to work only in retail, food service and gasoline service establishments, young workers may work in other environments such as state and local governments, banks, insurance companies, advertising agencies and information technology firms.
"Other important changes include new prohibitions on youth peddling and other activities; the establishment of a work-study program; and the incorporation of higher penalties for child labor violations that result in a serious injury or death."
Regarding those tougher penalty structure, “Employers who illegally employ individuals ages 12 or 13 will face a penalty of at least $6,000 per violation. If a worker is under 12 years of age and illegally employed, the penalty will be at least $8,000. Penalties for illegally employing workers under age 14 could be raised to $11,000 under certain conditions.” DOL said a later June press release.
The Department of Labor’s Wage and Hour Division published its Final Rule "designed to protect working children from hazards in the workplace while also recognizing the value of safe work to children and their families," May 20th.
Child labor regulations relating to agricultural jobs were for the most-part not addressed by the current changes, but are being looked into now. The exception to that is that "individuals under age 12 may be employed with parental consent, but only on very small farms that are not subject to the federal minimum wage requirements. Individuals ages 12 and 13 may be employed in agricultural work on the same farm as a parent, or with a parent's consent. Generally, no hired farm worker under age 16 years may perform hazardous work or be employed during school hours."
The Department of Labor has additional information posted:
- Fact Sheet: “Updating Child Labor Regulations for the 21st Century”
- Child Labor Final Rule, Nonagricultural Employment 14- and 15-Year Olds - Major Changes (Reg. 3 side-by-side comparison of new rule and current rule)
- Child Labor Final Rule, Nonagricultural Employment 16- and 17-Year Olds—Major Changes ( hazardous occupations side-by-side comparison of new final rule and current rule )
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