SGVDS-Summer NL '08-A - San Gabriel Valley Dental Society

The Employer’s Update
When Employing Summer Help,
Make Sure You Know the Rules
Q
The school year is ending and
loads of students are beginning
to flood the labor market. When
hiring minors, what federal restrictions
do employers need to be aware of?
A
The Fair Labor Standards Act
(FLSA) makes it unlawful to
employ children who are younger
than the minimum ages prescribed by the
statute and its regulations. While various
exceptions exist, the FLSA generally
imposes the following restrictions on the
nonagricultural employment of minors:
CHILDREN AGED
16 AND 17
Children under the age of 18 cannot be
employed in occupations found to be
“hazardous” by the Department of Labor.
Included are mining, excavation and roofing
jobs—among others. There are limited
exceptions to this rule for apprentices,
student learners and trainees.
CHILDREN AGED
14 AND 15
In addition to the “hazardous” restriction
mentioned above, children under 16 are
further limited in the types of occupations
in which they can work. For example,
employment in occupations involving the
manufacturing, mining or processing of
goods is prohibited.
Certain hours requirements must also be
complied with:
● Employment must take place outside of
school hours, except for children enrolled
in work training programs.
● No more than three hours may be worked
on a school day, or eight hours on a nonschool
day.
● No more than 18 hours per week may be
worked when school is in session, or 40
hours per week in other weeks.
● All work must be performed between the
hours of 7 a.m. and 7 p.m., except during
the summer, when children may work until
9 p.m.
CHILDREN
UNDER 14
In general, nonagricultural employment of
children under the age of 14 is unlawful,
except when they work as actors or news
carriers, or exclusively for their parents.
State laws. An employer that is subject to
the child labor provisions of the FLSA and
state law(s) should follow the stricter labor
standards.
Source: Fair Labor Standard Act, Secs. 3(l),
12 and 13(c), and its regulations.
For more on California’s child labor laws
refer to the following websites.
http://www.employers.org/resources/
governmentResources.asp
http://www.employers.org
800-399-5331 ▲
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SGVDS FILLING YOU IN
SUMMER ’08
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