Child Labor Laws

In the U.S., the laws governing child labor are complex and may differ from state to state. Minors who work have many rights in addition to those adult employees may have. Since child labor is a complex issue, it is imperative for employers, parents of minors, and minors who are seeking jobs to be aware of child labor laws in their state. Listed below are some of the frequently asked questions pertaining to child labor.

What is child labor? Why is child labor an offence in the U.S.?

Child labor may be defined as work done by minors who are under the age of 18. However, the term is usually used in connection with the forced labor of young children. Child labor in itself is not an offense in the United States. There is both a federal law as well as state laws which place age-related restrictions on the types of jobs children can engage in, the number of hours they can work, and the various types of equipment or machinery that may be operated by those under the age of 18. More information can be found at the following website: http://www.dol.gov/dol/topic/youthlabor/index.htm

Can an 8-year-old child who is being homeschooled in New York help a family food business by greeting people at fairs?

There is no law against children helping out informally, especially if it is for educational purposes, as long as the child is not formally employed.

Can a church or other non-profit organization in Pennsylvania hire kids who are 12 to 15 years old to assist with childcare along with adults? What is the punishment for organizations that violate the law?

The babysitting exemption is not for businesses, whether non-profit or otherwise. It’s only for private homes. A minor must have a work permit if he or she is to be employed. Child labor laws violations are punishable with a maximum of 10 days in jail and possible fines of up to $1500 per violation. Minors are allowed to volunteer, such as with a religious education program or for training at this type of site. Minors will thus often work as volunteers in programs conducted by churches and hence are not considered employees. You can learn more about Pennsylvania Child Labor Laws at the following link: http://www.portal.state.pa.us/portal/server.pt?open=514&objID=552938&mode=2

A 15-year-old boy works for the Boy Scouts of America in Utah during the summer at a Boy Scout camp but does not get paid the minimum wage of $4.25 per hour. Is this legal?

Utah law stipulates that minors who are below 18 years of age must be paid the effective minimum wage at the time of employment. Employers are allowed to pay them $4.25 per hour for the first 90-day period. However, per Utah law 34-40-104, non-profit camping, educational, and charitable organizations registered under Title 13, Chapter 22 of the Charitable Solicitations Act are exempt. As an organization, the Boy Scouts of America would falls under this category, exempting it from paying minimum wage to minor employees.

In New Jersey, a 17-year-old boy works for 8 hours a day and 40 hours a week without a break. Moreover, he is required to stay late to close shop and does not get paid for it. What are his rights?

The child labor laws in New Jersey make it mandatory for minors below the age of 18 to possess an employment certificate and the employer can be fined for the employment of a minor. Moreover, all minors must be allowed a 30 minute break after 5 consecutive hours of work. If the teen has been working overtime and without breaks in addition, a wage claim against the employer needs to be filed with the State Department of Labor.

If a child in Ohio aged 15 has written permission from parents and school officials, can he or she work past 7 p.m. during the school year?

Irrespective of parents and school officials allowing it, children aged 14 and 15 under Ohio Law are not allowed to work before 7:00 a.m. or after 7:00 p.m. when school is in session. Moreover, work is restricted to three hours on any school day and not more than 18 hours in any school week. Work during school hours is prohibited unless it forms part of a vocational training program. When school is not in session, minors under 15 years of age cannot be employed before 7:00 a.m. or after 9:00 p.m. They are also not allowed to work for more than 8 hours per day and 40 hours per week. All minors are also entitled to a 30-minute uninterrupted break when working for more than 5 consecutive hours, which must be documented.

When dealing with child labor issues, it is important to remember that the laws governing child labor in one state may differ from another. Some employers of minors, parents and minors themselves may not be clear as to what the laws state. If you are faced with doubts, a legal expert may be able to help clarify any doubts in your specific case.