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

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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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Cushman

Dental Laboratory

3612 W Pico Blvd, Los Angeles, CA 90019

800.600.3161

SGVDS FILLING YOU IN

SUMMER ’08

9

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