Workplace Rights and Child Labor Law
Approximately 5 1/2 million kids aged 12 to 17 are working in the United States as of 2009, according to Stop Child Labor. These numbers reflect only teens who report their work income and work legally. Stop Child Labor estimates that thousands more may be working as migrant farm workers or in sweatshops or as door-to-door salespeople. Of the children who work legally, an estimated 5 percent of high school kids work 15 hours a week, while almost 17 percent work more than 25 hours weekly. In 1950s fewer than 5 percent worked while in school. Working children are under the protection of child labor laws within the United States.
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Children's Act for Responsible Employment
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The Children's Act for Responsible Employment was introduced in 2007 to amend the Fair Labor Standards Act. This Amendment and the original act are the only federal laws that regulate child labor, which is primarily state-regulated. The Care Act narrowed the exemption that allowed children to work as agricultural workers. The Act put restrictions into place mandating that children young than 16 work only during non-school hours, and work only for their parents or guardians. Furthermore, while before children only had to be 16 to operate dangerous farm equipment, the Care Act raises the age to 18. The care act increased civil and criminal penalties for employers breaking child labor laws.
The Fair Labor Standards Act Hour Restrictions
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Under the Fair Labor Standards Act, children 14 and 15 can only work outside school hours. They can only work until 7 p.m., except between June 1 and Labor Day when they are allowed to work until 9 p.m. Children 14 and 15 can only work for three hours on school days and eight hours on weekends. They can work for no more than a total of 18 hours a week during the school year, and no more than 40 hours during vacations. Children 16 and older can work any time and there are no restrictions.
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The Fair Labor Standards Act Job Restrictions
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In addition to being restricted to a maximum number of hours, children may also be restricted in the types of job they can do. Kids who are13 or younger can only do a very limited number of jobs. They can work for their parents in a family business or on the family farm as long as the work is defined as "non-hazardous". They can baby sit, deliver newspapers, or work as an actor or actress. Children 14 and older can do all of the above occupations, and can also work in offices, grocery or retail stores, restaurants, cinemas and movie theaters, amusement parks, stadiums or gas stations. Kids16 and older can work in any job not defined as hazardous. Hazardous jobs include jobs working with explosives, driving jobs, coal mining jobs, logging, sawmilling, woodworking with power machines, jobs that involve potential exposure to toxins, mining jobs (coal mining is excluded), meat processing, meat packing, certain types of manufacturing and demolition jobs, and roofing. These laws apply until you are 18, when child labor laws end their coverage.
Exceptions
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Certain exceptions to federal child labor laws are made for students who work in approved apprenticeship programs within certain fields. In addition, child employees who are generally prohibited form operating certain types of machinery may be able to do so under certain supervision and training conditions.Parents may employ their children for more hours than the stated maximums if that employment is in a family business or agricultural business. However, even though these exceptions are made, children must attend school up to the state-mandated age.
State Laws
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Each individual state is also entitled to make their own laws that apply to public and private employers within the state. State laws apply to those employers covered by the Fair Labor Standards Act, and in some cases to additional employers not covered by Federal regulations. Many states have more restrictive laws or lower hourly maximums for teens and child workers.
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