Youth Employment Laws in Arizona
Federal and state child labor laws protect the educational welfare and safety of children in the workplace. In some cases, you will find that there is a slight variation between the Arizona child labor provisions and those of the federal Fair Labor Standards Act. If you are an employer that is required to comply with both sets of laws, you must implement the provisions that provide the greatest protection to the minors you employ.
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Work Hour Restrictions
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Minors under age 16 cannot work during school hours. They are limited to working only three hours on a school day and no more than 18 hours during a school week. When school is not in session, they may work up to eight hours per day but no more than 40 hours per week. Work hour exemptions are permissible for minors who are part of a career education or vocational program.
Work Schedule Restrictions
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On nights that precede a school day, Arizona child labor laws require minors under age 16 to only work between the hours of 7 a.m. and 9 p.m. The scheduling period extends to 11 p.m. on nights that do not precede a school day. If you are covered by the FLSA guidelines, you must implement the federal child labor scheduling guidelines because they offer greater scheduling protections. Under the FLSA scheduling guidelines, you cannot schedule a minor under 16 after 7 p.m. on nights preceding a school night, and the scheduling period extends to 9 p.m. when school is not in session.
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Occupational Restrictions--Under Age 18
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Minors may not perform job duties that could place them in harm's way. The jobs that are prohibited for minors under age 18 include, but are not limited to, manufacturing explosive products and materials, mining, logging, jobs that require the use of power-driven machinery, jobs where a minor is exposed to radioactive materials, meatpacking and salvage operations.
Occupational Restrictions--Under Age 16
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The list of prohibited occupations for minors under the age of 16 includes those that are prohibited for minors under age 18, along with manufacturing, processing, warehousing, construction, boiler and furnace room work, laundry and dry cleaning duties and tasks that require the minor employee to work more than 5 feet from the floor or ground. It also limits the types of activities that a minor may perform while working for a retail food business.
Child Performers
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Child labor exemptions are available for minors who work in Arizona as motion picture, television, radio and theatrical performers. Registration information is required prior to the start of the production, and it should include the name of the child performer, the performer's address information, contact information for the production company, the start and completion dates for the production, the location site and the proposed work hours. Employers must provide any additional information, if requested.
Enforcement
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The Industrial Commission of Arizona is responsible for investigating youth labor complaints. If the finding is that an employer has violated Arizona's child labor laws, the commission will issue a cease and desist order. The order requires the employer to refrain from violating the child labor laws, and the order includes civil penalties. An employer in violation will have 20 days to request a hearing to address the allegations. If the employer fails to meet the requirements of the cease and desist order, the commission will seek a restraining order to force the company to comply.
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References
- Arizona State Legislature: ARS 23-233--Permissable Hours of Labor
- Arizona State Legislature: ARS 23-231--Prohibited Employment Under Age Eighteen
- Arizona State Legislature: ARS 23-232--Prohibited Employment Under Age Sixteen
- Arizona State Legislature: ARS 23-235--Exemptions
- Arizona State Legislature: ARS 23-236--Cease and Desist Order
- Arizona State Legislature: ARS 23-238--Injunctive Relief
