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- @076 CHAP 5
-
- ┌───────────────────────────────────┐
- │ CHILD LABOR LAWS │
- └───────────────────────────────────┘
-
- Both the federal Fair Labor Standards Act (FLSA) and state
- laws regulate (or prohibit) the employment of children in
- businesses, with certain limited exceptions. If you plan
- to hire children to work in your business (other than
- hiring your own children, which is usually permitted,
- except where hazardous), you need to be aware of the basic
- child labor law rules below.
-
- In general, the FLSA prohibits hiring children under 16
- years of age, although there are a number of exceptions.
- In addition, children under 18 are excluded from certain
- occupations that are designated as hazardous by the Secretary
- of Labor. Children under 16 cannot be hired under the
- following circumstances:
-
- . To work in any workplace where mining, manufacturing,
- or processing operations take place;
-
- . To operate power machinery, other than office
- equipment;
-
- . To operate or serve as a helper on motor vehicles;
-
- . To work in public messenger services;
-
- . To work in the following occupations:
-
- (1) transportation;
- (2) warehousing or storage;
- (3) communications or public utilities; or
- (4) construction (except sales or office work).
-
- Children age 14 or 15 can be hired in other occupations
- not considered to be hazardous, but there are numerous
- limitations on the hours and times when they may work,
- particularly when schools are in session.
-
- A few occupations, such as delivering newspapers and doing
- theatrical work, are exempt from the federal child labor
- laws, even for children under age 14.
-
- @CODE: CA
-
- ┌───────────────────────────────────────────┐
- │ CALIFORNIA CHILD LABOR LAWS │
- └───────────────────────────────────────────┘
-
-
- California state law also strictly regulates the hiring
- of children. For example, no minors (except for 16- and
- 17-year-olds, if they are not required by law to attend school)
- are permitted to work more than 8 hours a day, work more than 6
- days in a workweek, or work before 5:00 a.m. or after 10:00
- p.m. (after 12:30 a.m. if the next day is not a school day).
-
- The state's child labor laws are quite similar to the federal,
- except that they only prohibit employment of minors under 16.
- In general, the California child labor laws prohibit hiring
- children under 16 years of age to work in manufacturing
- establishments. There are a number of other prohibitions
- against hiring children under 16 to work with various types
- of dangerous machinery or with toxic chemicals. In addition,
- children cannot work in a number of occupations, situations,
- and industries considered hazardous to their health or
- morals, such as railroads, vessels, or mining operations.
-
- Thus, if you intend to employ children under 16 in a business,
- you will probably need legal guidance as to the conditions
- under which they may work, if at all, under California law,
- as well as the federal law.
-
- @CODE:OF
- @CODE: HI
- @CODE:NF
-
- ┌────────────────────────────────────────┐
- │ HAWAII CHILD LABOR LAWS │
- └────────────────────────────────────────┘
-
- In general, Hawaii state law also prohibits the hiring of
- minors under age 18, although there are numerous exceptions.
- For example, minors 16 or 17 years of age may be employed
- when they are not legally required to be in school or when
- excused, but the employer must obtain a valid "Certificate
- of Age" from the minor. The minor must obtain the
- certificate from the Dept. of Labor and Industrial
- Relations, and the employer must record and keep on file
- the certificate number.
-
- Children 14 and 15 may also be hired to work when not
- required to be in school, although there are limits on
- the hours they may work. They must have a different kind
- of work permit from the Dept. of Labor and Industrial
- Relations, a "Certificate of Employment." Either the minor
- or the employer may apply on Form CL-1 for this certificate,
- which will be mailed by the Department to the employer if
- the work is allowable under the law. Minors 14 and 15 may
- not work more than 5 hours continuously without at least a
- 30-minute rest or lunch period, and may work no more than
- the following:
-
- . 6 consecutive days;
-
- . 40 hours a week;
-
- . 8 hours a day; or
-
- . Before 7:00 a.m. or after 7:00 p.m except from
- June 1 to Labor Day (between 6:00 a.m. and 9:00
- p.m. during that period), and no more than 10
- hours of work and school a day, combined.
-
- Minors under 14 years of age generally cannot be hired,
- except in a few limited situations.
-
-
-