Fact Sheet #43: Child Labor Provisions of the Fair Labor Standards Act (FLSA) For Nonagricultural Occupations
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This Fact Sheet provides general information about the Federal child labor provisions applicable to non-agricultural occupations. Different standards apply to farm work.

The Department of Labor is committed to helping young workers find those positive and early employment experiences that can be so important to their development, but the work must be safe. The child labor provisions of the FLSA were enacted to ensure that when young people work, the work does not jeopardize their health, well-being or educational opportunities. Employers are subject to the child labor provisions under the same coverage criteria as established for the other provisions of the FLSA.

It is an unfortunate fact that children do get injured, even killed, in the workplace. The National Institute for Occupational Safety and Health estimates that over 210,000 American children suffer occupational injuries every year – and over 70,000 of these injuries are serious enough to warrant emergency room treatment.

Both Federal and State laws govern the employment of young workers and when both are applicable, the law with the stricter standard must be obeyed.

The Federal child labor provisions do not:

• require minors to obtain "working papers" or "work permits," though many States do;
• restrict the number of hours or times of day that workers 16 years of age and older may be employed, though many States do;
• apply where no FLSA employment relationship exists;
• regulate or require such things as breaks, meal periods, or fringe benefits;
• regulate such issues as discrimination, harassment, verbal or physical abuse, or morality, though other Federal and State laws may.

The FLSA and the child labor regulations issued at 29 CFR, Part 570, establish both hours and occupational standards for youth. Children of any age are generally permitted to work for businesses entirely owned by their parents, except those under 16 may not be employed in mining or manufacturing and no one under 18 may be employed in any occupation the Secretary of Labor has declared to be hazardous.

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OCCUPATIONS BANNED FOR ALL MINORS UNDER THE AGE OF 18

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HO 1. Manufacturing or storing explosives - bans minors working where explosives are manufactured or stored, but permits work in retail stores selling ammunition, gun shops, trap and skeet ranges, and police stations.

HO 2. Driving a motor vehicle or work as an outside helper on motor vehicles - bans operating motor vehicles on public roads and working as outside helpers on motor vehicles (except 17-year-olds may drive cars or small trucks during daylight hours for limited times and under strictly limited circumstances).

HO 3. Coal mining - bans most jobs in coal mining.

HO 4. Logging and sawmilling - bans most jobs in logging and timbering (including cutting firewood) and in sawmills.

HO 5. Power-driven woodworking machines - bans the operation of most power-driven woodworking machines, including chain saws, nailing machines, and sanders.*

HO 6. Exposure to radioactive substances and ionizing radiation - bans exposure to radioactive materials.

HO 7. Power-driven hoisting apparatus - bans the operation of most power-driven hoisting apparatus such as forklifts, non-automatic elevators, bobcats and cranes, including most high lift trucks, but does not apply to chair-lifts at ski resorts nor to electric and pneumatic lifts used to raise cars in garages and gasoline service stations.

HO 8. Power-driven metal-forming, punching and shearing machines - bans the operation of certain power-driven metal-working machines but permits the use of most machine tools.*

HO 9. Mining, other than coal - bans most jobs in mining at metal mines, quarries, aggregate mines, and other mining sites including underground work in mines, work in or about open cut mines, open quarries, and sand and gravel operations.

HO 10. Power-driven meat-processing machines, slaughtering and meat packing plants - bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used (including restaurants and delicatessens). This ban includes the use of this machinery on items other than meat, such as cheese and vegetables. HO 10 also bans most jobs in slaughtering and meatpacking establishments.*

HO 11. Power-driven bakery machines - bans the operation of power-driven bakery machines such as vertical dough and batter mixers (including most countertop models), dough rollers and dough sheeters. This ban covers such machinery wherever used.

HO 12. Power-driven paper-products machines - bans the operation of power-driven paper products machines such as scrap paper balers, paper box compactors, and platen-type printing presses. Sixteen- and 17-year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines.*

HO 13. Manufacturing of brick, tile and related products - bans most jobs in the manufacture of brick, tile and similar products.

HO 14. Power-driven circular saws, band saws and guillotine shears - bans the operation of various types of power-driven band and circular saws and guillotine shears, no matter what kind of items are being cut by the saws and shears.*

HO 15. Wrecking, demolition, and ship-breaking operations - bans most jobs in wrecking, demolition, and ship-breaking operations, but does not apply to remodeling or repair work which is not extensive.

HO 16. Roofing operations - bans most jobs in roofing operations including work performed on the ground and removal of the old roof.*

HO 17. Trenching and excavation operations - bans most jobs in trenching and excavation work, including working in a trench more than four feet deep.*

* The regulations provide a limited exemption from HOs 5, 8, 10, 12, 14, 16 and 17 for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs.

The term "operation" as used in HOs 5, 8, 10, 11, 12 and 14 generally includes the tasks of setting up, adjusting, repairing, oiling or cleaning the equipment.

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HOURS OF WORK AND PERMITTED OCCUPATIONS
FOR 14- AND 15-YEAR-OLDS IN NONAGRICULTURAL EMPLOYMENT

The child labor regulations limit the times of day, number of hours, and industries and occupations in which 14- and 15-year-olds may be employed.

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Work Experience and Career Exploration Program (WECEP)

This program is designed to provide a carefully planned work experience and career exploration program for 14- and 15-year-old youths who can benefit from a career oriented educational program designed to meet the participants' needs, interests and abilities. The program is aimed at helping youths to become reoriented and motivated toward education and to prepare them for the world of work.

State Departments of Education are granted approval to operate a WECEP by the Administrator of the Wage and Hour Division for a 2-year period. Certain provisions of CL Reg. 3 are modified for 14- and 15-year-old participants during the school term.

• They may work during school hours.
• They may work up to 3 hours on a school day; and as many as 23 hours in a school week.
• They also may work in some occupations that would otherwise be prohibited under a variance issued by the Administrator, but they may not work in manufacturing, mining or any of the 17 Hazardous Occupations.

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Enforcement and Penalties

Investigators of the Wage and Hour Division who are stationed across the U.S. enforce the child labor provisions of the FLSA. As the Secretary of Labor's authorized representatives, they have the authority to conduct investigations and gather data on wages, hours, and other employment conditions or practices, in order to determine compliance with child labor and the other provisions of the FLSA.

Violators of the child labor provisions may be subject to a civil money penalty of up to $11,000 for each minor employed in violation.

The FLSA prohibits the shipment in interstate commerce of goods that were produced in violation of the Act’s minimum wage, overtime, or child labor provisions. The FLSA authorizes the Department of Labor to obtain injunctions to prohibit the movement of such "hot goods." The FLSA also authorizes the Department to obtain injunctions against violators of the child labor provisions to compel their compliance with the law. Further violations could result in sanctions against such persons for contempt of court.

Willful child labor violators may face criminal prosecution and be fined up to $10,000. Under current law, a second conviction may result in imprisonment.

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