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Software Club 210: Light Red
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1997-01-01
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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.