Child Labor Laws

Child labor laws were enacted to prevent exploitative and dangerous conditions that many children faced in the previous centuries. The Fair Labor Standards Act, therefore, stipulates that it is illegal to employ children under the age of 12 except under certain specified exceptional conditions.

According to the same Act, children aged between 12 and 16 can only work in selected occupations for limited hours whereas those aged between 16 and 18 are allowed to work for an unlimited number of hours provided they are not working in hazardous occupations.

State Laws

In addition to the federal regulations, various states have formulated laws that mirror and add to the same. As for the situations where the state and federal standards differ, the rules that best protect child workers take precedence.

As for a case where an employer operates an interstate business, the employees are covered by both the federal laws and the applicable state laws. The employer should, therefore, make an effort to familiarize themselves with and adhere to federal and applicable state laws.

Exceptions

In addition to employment by parents, an underage worker can be employed in the following occupations for unlimited hours outside of school hours as long as the parents grant their permission:

• Agricultural sector; an employer can engage a child aged 12 and above for unlimited hours (outside school hours) provided the parent grants permission.
• Newspaper delivery; minors employed to deliver newspapers to consumers are exempt from FLSA child labor and the wage and hours regulations.
• Acting profession; the law allows underage children to work as child actors. Some states, nevertheless, require such actors to have a permit and written consent from parents or guardian while others do not.

Dangers of Bridging the Law

Despite the presence of adequate regulations on child labor in the US, there are still undesirable consequences of underage workers. Some employees exploit some of the exceptions in the federal laws leading to adverse effects of child labor.

For instance, many children who work in agricultural occupations end up dropping out of school besides being exposed to risks that substantially increase their rate of fatalities. Some employers even take advantage of minors by duping them into working long hours per day reducing their activity performance in school.

The Takeaway

While state regulations tend to be similar to the federal laws, it is always advisable to seek expert advice. So, any employer who is considering employing an underage worker should first consult a seasoned local attorney. The attorney will provide valuable information on how to hire, remunerate and ensure the engagement is within the law.