APPLICABLE HUMAN RESOURCE LAWS BY COMPANY SIZE

One or More Employees

Fair Labor Standards Act of 1938, as Amended.
The child labor provisions of the Fair Labor Standards Act (the Act) are designed to protect the educational opportunities of youths and prohibit their employment in jobs and under conditions detrimental to their health and well-being. Sixteen is the minimum age for most nonfarm work. However, youths may, at any age: deliver newspapers; perform in radio, television, movies, or theatrical productions; work for their parents in their solely owned nonfarm businesses (except in mining, manufacturing, or in any other occupation declared hazardous by the Secretary of Labor); or gather evergreens and make evergreen wreaths.

The Act’s child labor provisions include restrictions on the hours of work and occupations for youths under age 16. These provisions also set forth 17 hazardous occupations orders that prohibit the employment of minors under 18 engaged in interstate commerce. These orders apply to occupations: 1) In or about plants manufacturing or storing explosives or articles containing explosive components. 2) Motor vehicle driver and outside helper. 3) Coal-mining operations. 4) Logging and/or in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill. 5)Involved in the operation of power-driven wood-working machines. 6)Involving exposure to radioactive substances and to ionizing radiation. 7)Involved in the operation of elevators and other power-driven hoisting apparatus. (However, minors 16 and 17 years old are permitted to operate and ride on automatic enclosed elevators.) 8)Involved in the operation of power-driven metal-forming, punching, and shearing machines. 9)In connection with mining, other than coal.

10)Involving the operation, setting up, adjusting, cleaning, oiling, wiping, or repairing of a meat slicer. 11)Involved in the operation of certain power-driven bakery machines. 12)Involved in the operation of certain power-driven paper products machines. 13)Involved in the manufacture of brick, tile, and kindred products. 14)Involving the operation of power-driven circular saws, band saws, and guillotine shears. 15)Involving wrecking, demolition, and shipbreaking operations. 16)Involving roofing operations. 17)Involving excavation.

The Act prohibits the shipment of goods in interstate commerce which were produced in violation of the child labor provisions. It is also a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act. The permissible jobs and hours of work, by age, in nonfarm work are as follows:

• Youths 18 years or older may perform any job for unlimited hours;
• Youths age 16 and 17 may perform any job not declared hazardous by the Secretary of Labor, for unlimited hours;
• Youths age 14 and 15 may work outside school hours in various nonmanufacturing, nonmining, nonhazardous jobs under the following conditions; no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a nonschool day, or 40 hours in a nonschool week. In addition, they may not begin work before 7 a.m. nor work after 7 p.m., except from June 1 through Labor Day, when evening hours are extended until 9 p.m. Youths aged 14 and 15 who are enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in school weeks.

Department of Labor
regulations require employers to keep records of the date of birth of employees under age 19, their daily starting and quitting times, daily and weekly hours worked, and their occupation. Many states have child labor laws. When both this Act and a state law apply, the law setting the higher standards must be observed.

California Regulation: From June 1 through Labor Day, teenagers between ages 14 and 16 may work from 7 a.m. to 9 p.m. Once school starts, they may work between 7 a.m. and 7 p.m., but only during non-school hours, for only 3 hours a day, 18 hours a week. During school breaks and holidays they may work for 8 hours a day, 40 hours a week. Exceptions may be made for 14- and 15 year olds enrolled in a work experience or career exploration program. There are no federal limits on job hours for youngsters over 16, however, under California law 16- and 17- year olds may work as many as 4 hours on school days. Otherwise, they may work 8 hours a day, 48 hours a week. On nights before school days, these minors may not work between 10 p.m. and 5 a.m. Otherwise, they may work until 12:30 a.m. These limits do not apply to high school graduates. Children under age 16, on the other hand, may work only 3 hours a day, 18 hours a week when school is in session. Otherwise, they may work 8 hours a day, and 40 hours a week. These minors may not work between 7 p.m. and 7 a.m., except between June 1 and Labor Day when they may work until 9 p.m. In California, employers must obtain employment permits when employing minors. These permits, Forms B-1 & B-4, can be obtained from the minors school or the school districts office of the superintendent.