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The Fair Labor Standards Act (FLSA) requires that most employees be paid at
least a minimum wage of $5.15 an hour and overtime pay at time and one-half
the regular rate of pay after 40 hours in a workweek. The FLSA also includes
child labor and record keeping provisions. The FLSA provides an exemption from
minimum wage and overtime pay for many seasonal and recreational establishments,
but this exemption does not include the child labor or record keeping provisions
of the Act.* Most amusement parks and recreation establishments are
subject to, and must comply with, the Federal child labor provisions.
Child Labor Provisions of the FLSA
The Federal child labor provisions were enacted to protect the educational
opportunities of minors and prohibit their employment in jobs and under conditions
detrimental to their health or well-being.
- Once youths reach 18 years of age, the Federal child labor provisions
no longer apply to their employment.
- Youths 16 and 17 years of age may perform any nonhazardous
job, for unlimited hours. The Secretary of Labor has declared 17 Hazardous
Occupations Orders (HOs) which restrict the types of jobs and/or industries
in which youth under 18 years of age may be employed. Although not exhaustive,
the following list represents the most common tasks which occur at amusement
parks and recreation establishments that are prohibited by one or more HO.
Under the child labor provisions, workers under 18 years of age generally
may not:
- Operate or assist to operate, clean, oil, set up, adjust, or repair certain
power-driven woodworking, metalworking, bakery, meat processing, and paper
products machinery - including meat slicers, paper box compactors, mixers,
and saws.
- Drive or serve as an outside-helper on a motor vehicle on a public road;
but 17-year-olds who meet certain specific requirements may drive automobiles
and trucks that do not exceed 6,000 pounds gross vehicle weight for limited
amounts of time as part of their job. (See Fact Sheet #34 http://www.dol.gov/esa/regs/compliance/whd/whdfs34.htm.)
- Operate power-driven hoists such as elevators, cranes, derricks, and high-lift
trucks. However, 16- and 17-year-olds may operate most amusement park and
recreation establishment rides.
- Youths 14 and 15 years old may be employed by amusement parks and
recreation establishments, but only for certain periods of time and only in
certain types of jobs.
Hours Limitations. The employment of 14- and 15-year-olds is limited
to:
- outside school hours;
- 3 hours on a school day, 8 hours on a nonschool day;
- 18 hours in a school week, 40 hours in a nonschool week.
Also, 14- and 15-year-olds may not work before 7 a.m. or after 7 p.m. (except
from June 1 through Labor Day when the evening limit is extended to 9 p.m.).
Occupations Limitations. Fourteen- and 15-year-olds may not
be employed in the following occupations often found at amusement parks and
recreation establishments:
- Work involving the operation or tending of any power-driven machinery
and hoists (except office machinery). This prohibition includes work involving
most amusement park and recreation establishment rides, and power-driven
lawn mowers and trimmers.
- All baking and most cooking. These minors may not operate NEICO broilers,
pressure cookers, ovens or large rotisseries. However, they may cook using
grills, griddles, deep-fat fryers, toasters, popcorn poppers, and hot dog
rotisseries if the work is in full sight of customers.
- All work in construction, including demolition and repair.
- All work involving the use of ladders or scaffolding.
- All work in freezers, but they may enter freezers equipped with safety
latches, for brief periods of time, to retrieve items.
- Minors 13 years of age and younger are generally not allowed to work,
including in amusement parks and recreation establishments. However, the FLSA
does allow a parent who is the sole-owner of a business to employ his or her
child in any occupations other than mining, manufacturing or those declared
to be hazardous by the Secretary of Labor (HOs). Children employed as actors
or performers in theatrical productions are also
exempt from the child labor provisions.
Where to Obtain Additional Information:
This publication is for general information and is not to be considered in
the same light as official statements of position contained in the regulations.
For additional information, visit our Wage-Hour website: http://www.wagehour.dol.gov
and/or call our Wage-Hour toll-free information and helpline, available 8am
to 5pm in your time zone, 1-866-4USWAGE (1-866-487-9243).
State laws may have higher standards, such as mandatory age certificates or
work permits for young workers and work hour limitations for 16- and 17-year-olds.
When these apply, employers must comply with the higher standard. For information
about State Child labor provisions, contact your State's Department of Labor.
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