On June 25, 1938, President Franklin D. Roosevelt signed the Fair Labor Standards Act to become effective on October 24, 1938. In its final form, the act applied to industries whose combined employment represented only about one-fifth of the labor force. In these industries, it banned oppressive child labor and set the minimum hourly wage at 25 cents, and the maximum workweek at 44 hours.
In light of the social legislation of 1978, Americans today may be astonished that a law with such moderate standards could have been thought so revolutionary. http://www.dol.gov/oasam/programs/history/flsa1938.htm
The DOL Wage and Hour Division (WHD) is responsible for enforcing some of our nation’s most comprehensive federal labor laws on topics such as child labor laws.
Hours Restrictions
The age of the young worker typically determines which child labor rules apply. In particular, the age of the young worker determines how many hours in a day or week, or what hours in the day they may work. In addition to restrictions on hours, the Secretary of Labor has found that certain jobs are too hazardous for anyone under 16 years of age to perform. The section on Prohibited Occupations explains what jobs are considered hazardous for youth.Hours restrictions for non-agricultural employees
14 years old is the minimum age for non-agricultural employment covered by the FLSA. The basic rules for when and where a youth may work are:- Youth 18 years or older may perform any job, whether hazardous or not, for unlimited hours.
- Youth 16 or 17 years old may perform any non-hazardous job for unlimited hours.
- Youth 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs. They cannot work:
- More than 3 hours a day on school days, including Fridays;
- More than 18 hours per week in school weeks;
- More than 8 hours a day on non-school days;
- More than 40 hours per week when school is not in session.
Hours restrictions on agricultural employees
The hours restrictions are the same for all youth, migrant children as well as local resident children.
- Once a young person turns 16 years old, he or she can work on any day, for any number of hours and in any job in agriculture.
- A youth 14 or 15 years old can work in agriculture, on any farm, but only during hours when school is not in session and only in non-hazardous jobs.
- If the youth is 12 or 13 years of age, he or she can only work in agriculture on a farm if a parent has given written permission, or a parent is working on the same farm. Again, the work can only be performed during hours when school is not in session and in non-hazardous jobs.
- If the youth is younger than 12, he or she can only work in agriculture on a farm if the farm is not required to pay the Federal minimum wage. Under the FLSA, "small" farms ( are exempt from the minimum wage requirements. "Small" farm means any farm that did not use more than 500 "man-days" of agricultural labor in any calendar quarter (3-month period) during the preceding calendar year. "Man-day" means any day during which an employee works at least one hour. If the farm is "small," workers under 12 years of age can be employed in non-hazardous jobs, but only during hours when school is not in session, and only with a parent's permission.
Put your children to work. Work helps alleviate stress, builds character and self esteem, helps overcome obstacles, provides financial freedom and gives one a sense of accomplishment. Today’s youth are tomorrow’s leaders. Teach them how to work.
Brenda Bailey
Home: 208-650-4140
email: brenda.bailey.1@hotmail.com
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