U.S. Child Labor Laws - Changes that may affect your business
The Fair Labor Standards Act (FLSA) Child-Labor Regulations have recently been revised. On July, 19, 2010, the final revisions to the child-labor regulations under the Fair Labor Standards Act will become legally effective.
The Department of Labor has been receiving comments on these most recent suggested regulation changes to the U.S. child labor laws since 2007. The DOL states that these revisions are supposed to make it easier for people under that age if 18 to get a job. These revisions only apply to non-agricultural positions. The Department of Labor (DOL) is scheduled to revise the provisions concerning minors in agricultural employment. The revisions single out industries like banking, information technology and advertising.
While the regulations offer an array of rules to follow, the most recent revisions address specific issues:
There is a provision permitting 14 and 15 year olds to work in teaching, computer programming and other jobs of an “artistically creative nature.”
- “Youth peddling” is not now banned. This is “the selling of goods or services to customer at locations other than the youth-employer’s establishment.” Though, being a volunteer can make it okay.
- The new revisions to these U.S. child labor laws address the definition of the “workweek” for 14 and 15 year olds. It’s characterizes it as, “seven consecutive 24 hour periods.” This releases the employer from a strict Sunday through Saturday calendar week definition in terms of compliance with the totalj-hours limitations applying to minors.
- DOL adopted regulations implementing the child-labor civil money penalty changes made in the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA added penalties of up to $50,000 for each child-labor violation that results in death or serious bodily injury of any employee under 18. The penalties may be doubled to as much as $100,000 if the violation is determine dto be “willful” or if it’s "repeated."
Modern Business Associates frequently deals with employee issues. As a Professional Payroll and HR outsource organization, our clients rely on us to help them effectively deal with these kinds of topics.
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