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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 hir-
- ing 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 Secre-
- tary of Labor. Children under 16 cannot be hired under
- the following circumstances:
-
- . To work in any workplace where mining, manufactur-
- ing, or processing operations take place;
-
- . To operate power machinery, other than office equip-
- ment;
-
- . To operate or serve as a helper on motor vehicles;
-
- . To work in public messenger services;
-
- . To work in the following occupations (1) transpor-
- tation; (2) warehousing or storage; (3) communica-
- tions or public utilities; or (4) construction (ex-
- cept sales or office work).
-
- Children age 14 or 15 can be hired in other occupations not
- considered to be hazardous, but there are numerous limita-
- tions on the hours and times when they may work, particu-
- larly 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 fed-
- eral, except that they only prohibit employment of minors
- under 16. In general, the California child labor laws pro-
- hibit hiring children under 16 years of age to work in man-
- ufacturing establishments. There are a number of other
- prohibitions against hiring children under 16 to work with
- various types of dangerous machinery or with toxic chemi-
- cals. In addition, children cannot work in a number of
- occupations, situations, and industries considered hazard-
- ous to their health or morals such as railroads, vessels,
- mining operations, gasoline stations, and pool halls.
-
- Thus, if you intend to employ children under 16 in a busi-
- ness, 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 certi-
- ficate from the Dept. of Labor and Industrial Relations,
- and the employer must record and keep on file the certifi-
- cate number.
-
- Children 14 and 15 may also be hired to work when not re-
- quired 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 Re-
- lations, 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, ex-
- cept in a few limited situations.
-
-
-