DOL Proposes Revisions To Child Labor Regulations
- Article Information
- Published on Friday, 02 September 2011 20:12
The U.S. Department of Labor (DOL) is proposing revisions to child labor regulations intended to “strengthen the safety requirements for young workers employed in agriculture and related fields.” The agricultural hazardous occupations orders pursuant to the Fair Labor Standards Act, which bars minors from performing certain tasks, have not been updated since they were promulgated in 1970. According to the DOL’s website, “The department is proposing updates based on the enforcement experiences of its Wage and Hour Division, recommendations made by the National Institute for Occupational Safety and Health, and a commitment to bring parity between the rules for young workers employed in agricultural jobs and the more stringent rules that apply to those employed in nonagricultural workplaces. The proposed regulations would not apply to children working on farms owned by their parents…The proposal would strengthen current child labor regulation prohibiting agricultural work with animals and in pesticide handling, timber operations, manure pits and storage bins. It would prohibit farm workers under age 16 from participating in the cultivation, harvesting and curing of tobacco. And it would prohibit youth in both agricultural and nonagricultural employment from using electronic, including communication, devices while operating power-driven equipment…The department also is proposing to create a new nonagricultural hazardous occupations order that would prevent children under 18 from being employed in the storing, marketing and transporting of farm product raw materials. Prohibited places of employment would include country grain elevators, grain bins, silos, feed lots, stockyards, livestock exchanges and livestock auctions.” The proposal also prohibits minors under the age of 16 from operating almost all power driven equipment. Read More.
Employers Must Follow Proper Wage and Hour Laws When Employing Minors
- Article Information
- Published on Wednesday, 02 March 2011 01:33
As a recent case demonstrates, employers must be particularly mindful of the wage and hour laws pertaining to minors. The case involves the U.S. Department of Labor (DOL) which assessed a total of $277,475 in civil money penalties against three movie theatre companies, Marcus Theatre Corp., Regal Cinemas Inc. and Wehrenberg Inc., for allegedly allowing dozens of teens to perform hazardous jobs and work longer hours than allowed by the youth employment provisions of the Fair Labor Standards Act (FLSA). The DOL apparently discovered approximately 160 minors who were allegedly required to perform hazardous jobs such as operating paper balers and trash compactors, operating motor vehicles, using power driven mixers and baking in theatres owned by the three chains. According to the DOL, Marcus Theatre Corp. also allowed minors to work beyond permitted hours. Secretary of Labor Hilda L. Solis commented on the case, stating that "The penalties imposed as a result of these violations should serve as a wake-up call to movie theatre owners and other employers. . .Businesses that employ minors are legally and ethically obligated to abide by child labor standards and ensure youth are protected on the job." The FLSA identifies 17 hazardous occupations prohibited for workers under the age of 18, which include operating and unloading scrap paper balers and paper box compactors. Loading is permitted only if certain specific conditions are met. Pursuant to the FLSA there are also hours, times and occupation restrictions for employees under age 16. Fourteen- and 15-year-olds may work in certain occupations outside school hours, but not before 7 a.m. or later than 7 p.m., or 9 p.m. from June 1 until Labor Day. They may not work more than three hours on a school day and 18 hours in a school week, or eight hours on a non-school day and 40 hours in a week when school is not in session....
