The child labor provisions of the Fair Labor Standards Act (FLSA) are administered by the Wage and Hour Division (WHD). These provisions are designed to protect the educational opportunities of minors and to prohibit their employment in jobs and under conditions detrimental to their health and well being.
In nonagricultural work, the child labor provisions apply to enterprises with employees engaging in interstate commerce, producing goods for interstate commerce, or handling, selling, or working on goods or materials that have been moved in or produced for interstate commerce. For most firms, an annual dollar volume of business test of not less than $500,000 applies.
Employees of firms that do not meet the $500,000 annual dollar volume test may be subject to the FLSA’s child labor provisions in any workweek in which they are individually engaged in interstate commerce, the production of goods for interstate commerce, or an activity that is closely related and directly essential to the production of such goods.
The FLSA covers the following employers regardless of their dollar volume of business:
• hospitals;
• institutions primarily engaged in the care of the sick, aged, mentally ill, or disabled who reside on the premises;
• schools for children who are mentally or physically disabled, or gifted;
• preschools, elementary and secondary schools, and institutions of higher education; and
• federal, state, and local government agencies.
While 16 is the minimum age for most nonfarm work, minors aged 14 and 15 may work outside of school hours in certain occupations under certain conditions. Minors 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.
Basic Provisions/Requirements
The child labor provisions of the Act include restrictions on hours of work and occupations for youths under age 16. These provisions also set forth 17 hazardous occupations orders for jobs that the Secretary of Labor has declared too dangerous for those under age 18 to perform.
The permissible jobs and hours of work, by age, in nonfarm work are as follows:
• Minors age 18 or older are not subject to restrictions on jobs or hours
• Minors age 16 and 17 may perform any job not declared hazardous by the Secretary, and are not subject to restrictions on hours
• Minors age 14 and 15 may work outside school hours in various nonmanufacturing, non-mining, nonhazardous jobs listed by the Secretary in regulations published at 29 CFR Part 570 under the following conditions:
o no more than three hours on a school day
o nor more than 18 hours in a school week
o no more than eight hours on a non-school day
o no more than 40 hours in a non-school week
o may not begin work before 7 a.m. or work after 7 p.m., except from June 1 through Labor Day, when evening hours are extended until 9 p.m.
o permissible work for 14 and 15 year olds is limited to those jobs specifically listed in the Secretary’s regulations.
WHD’s regulations provide some exceptions to these limitations on hours worked for 14 and 15 year olds enrolled in an approved Work Experience and Career Exploration Program (WECEP) or Work Study Program (WSP).
By regulation, employers must keep records of the dates of birth of employees under age 19, their daily starting and quitting times, their daily and weekly hours of work, and their occupations. The FLSA provides that an employer that has on file an officially-issued employment or age certificate showing that the minor is the minimum age required by the FLSA is not liable for violating the child labor provisions if that documentation proves to be incorrect. Age or employment certificates issued under most state laws are generally acceptable for this purpose. See 29 CFR 570.5.
States also have child labor laws that vary from state from state and are usually located in a state’s statutes.
In Indiana, the child labor provisions of the Fair Labor Standards Act (FLSA) are enforced to protect minors' educational opportunities and health. These provisions apply to businesses involved in interstate commerce with an annual business volume of $500,000 or more, as well as to certain employers regardless of business volume, including hospitals, schools, and government agencies. Minors aged 14 and 15 may work outside school hours under specific conditions, such as limited hours and non-hazardous jobs. Those aged 16 and 17 may work in non-hazardous jobs without hour restrictions, while those 18 and older are not restricted by the FLSA's child labor provisions. Indiana employers must comply with both federal and state child labor laws, keeping records of minors' birth dates, work schedules, and occupations. State-issued work permits are generally recognized as proof of age for employment purposes. It's important to note that Indiana may have additional regulations that complement or are more stringent than federal laws, and employers must adhere to both sets of laws.
