Notes
Slide Show
Outline
1
The Fair Labor Standards Act’s
Youth Employment Provisions
2

FLSA Wage Rights
  • The minimum wage is $7.25 per hour  effective July 24, 2009
  • Youth Minimum Wage of $4.25 per hour permitted for the first calendar 90 days of employment
  • Tipped ee’s-$2.13 /hr  + tips= $6.55
  • No illegal deductions that drop wages below the minimum wage (property damage, cash register shortages, work tools=illegal deductions)
  • Most training must be paid
  • Overtime=time and a half the regular rate after 40 hrs worked



3
Federal Youth Employment Rules
  • The Federal Youth Employment Provisions were enacted to ensure that when young people work, the work is safe, positive, and complements the educational process
  • These rules can serve as a platform from which young workers can explore—not entirely free from risk—the “World of Work”
4
Federal Youth Employment Rules
  • Every year about 160,000 youth under 18 years of age are injured on the job in America
  • About 1/3 of those, or 55,000, suffer injuries serious enough to require emergency room treatment
  • Sadly, in 2006, 30 young workers died because of occupational injuries
5
Federal Youth Employment Provisions Do Not:
  • Require minors to obtain work permits
  • Limit hours or restrict time worked for minors 16 years of age or older
  • Require breaks or meal periods for minors
6
Hours that 14 and 15
Year-Olds May Work
  • No more than 3 hours on a school day, including Fridays
  • No more than 18 hours during a week when school is in session
  • No more than 8 hours on a non-school day
  • No more than 40 hours during a week when school is not in session
7
Times When 14- and
15-Year-Olds May Work
  • Between 7 AM and 7 PM; or


  • Between 7 AM and 9 PM from June 1 through Labor Day; and


  • Outside school hours
8
Retail & Service Jobs 14- and 15-Year-Olds May Do

  • Cashiering and selling
  • Price marking, assembling orders, packing
  • Office and clerical work
  • Bagging groceries
  • Hand washing cars
  • Cooking with electric or gas grills that does not entail cooking over an open flame
9
14- and 15-Year-Olds
May Not perform work in occupations that involve:


  • Manufacturing and Mining
  • The operation of power-driven equipment
  • Transportation and Communications*
  • Warehousing and storage*
  • Most processing* occupations
  • Construction*


  • *  Exceptions apply for office work
10
Work 14- and 15-Year-Olds May Not

  • Work in or about boiler or engine room
  • Perform maintenance or repair of a building or equipment
  • Work in freezers and meat coolers
  • Perform outside window washing that involves working from windowsills
  • Any work requiring the use of ladders, scaffolds or their substitutes
  • Perform any part of the baking process (no mixing, no weighing, no placing items on trays, no operating ovens including pizza ovens, no removing items from ovens, no finishing)
  • Operate a deep fat fryer requiring the user to use their hands to raise and lower a basket into and out of oil or grease
  • Work as a lifeguard at a beach


11
 14- and 15-Year-Olds
May Not
  • Work in a job requiring the use of power-driven food slicers and grinders, choppers or cutters and bakery mixers
  • Load and unload goods to and from trucks, railcars, or conveyors
  • Perform most work in areas where meats are prepared for sale
  • Cook with Rotisseries
  • Work in any occupations declared to be hazardous for 16- and 17-year-olds
12
Hazardous Orders
  • Manufacturing or storing explosives
  • Driving a motor vehicle and being an outside helper
  • Mining
  • Logging and sawmilling
  • Power-driven wood working machines; power-driven metal forming, punching, and shearing machines; power-driven hoisting apparatus, including forklifts; bakery machines, including vertical dough mixers; circular saws, band saws, and guillotine shears; and paper products machines, including balers and compactors.
  • Exposure to radioactive substances and to ionizing radiation
  • Meat packing or processing, including power-driven meat slicers
  • Manufacturing brick, tile, and related products
  • Wrecking, demolition, and ship-breaking operations
  • Roofing operations and all work on or about a roof
  • Excavating operations


13
 Hazardous Orders (HO) Most Teens Encounter


  • HO 2- Driving a motor vehicle and being an outside helper
  • HO 5- Power-driven wood working machines
  • HO 7- Power-driven hoisting apparatus including forklifts
  • HO 8- Power-driven metal forming, punching, and shearing machines
  • HO 10-Meat packing or processing, including operating and cleaning power-driven meat slicers
  • HO 11- Power-driven bakery machines, including vertical dough mixers
  • HO 12- Power-driven paper products machines including loading, operating and unloading balers and compactors
  • HO 14- Power-driven circular saws, band saws, and guillotine shears
  • HO 15- Wrecking, demolition, and ship-breaking operations
  • HO 16- Roofing operations and all work on or about a roof
  • HO 17- Excavating operations



14
 “Operation” Means
  • The term “operation“ as used in
  • HOs 5, 8, 10, 11, 12, and 14
  • generally includes the tasks of
  • setting up, adjusting, repairing,
  • oiling, and cleaning the equipment


15
HO 2  Driving or Outside      Helper on Motor Vehicles

  • No employee under 17 may drive  motor vehicles on public roads
  • 17 year olds may drive under limited circumstances. (daylight/less than 20% of job hrs/seat belts/drivers education class etc.)
  • Bans  driving of cars and trucks for delivery work.
  • Bans the driving of cars for route sales
  • Bans driving that involves towing
  • Bans driving of golf carts, ATVs, and motorcycles on public roads
  • Prohibits the transportation of people, (cannot work as a bus driver)
  • Bans working as an outside helper on motor vehicles. An outside helper is anyone, other than the driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods


16

HO 5 Power-Driven
Woodworking Machines
  • Bans the operation of most power-driven woodworking machines, including saws, stapling machines, nailing machines, and sanders
17
HO 7 Power-Driven
Hoisting Apparatus
  • Bans the operation of most power-driven hoisting apparatus such as freight elevators, Bobcat loaders, cranes, and most high lift trucks, including FORKLIFTS
18
HO 8       Power-Driven Metal-            Forming, Punching and        Shearing Machines

  • Bans the operation of certain power-driven metal-working machines
19
HO 10  Power-Driven
   Meat Processing Machines
  •    Bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used (including restaurants and delicatessens)
  •      Minors may not use a meat slicing machine even on items other than meat, such as cheese and vegetables


  • Also bans almost all occupations in meat slaughtering, processing, and packing
20
HO 11        Power-Driven Bakery             Machines
  •   Bans the operation of power-driven bakery machines such as vertical doughmixers, battermixers (including most countertop models), dough rollers and doughsheeters
21
HO 12    Power-Driven Paper-Products Machines,
      Scrap Paper Balers and Paper Box Compactors
  •    Bans the operation of power driven paper-products machines, including scrap paper balers, paper box compactors, and trash compactors
22
Balers
23
Compactors
24
HO 14   Power-Driven Band Saws, Circular Saws, and Guillotine Shears
  •    Bans the operation of various types of power-driven band saws, circular saws and guillotine shears, regardless of the items being cut
25
HO 15    Wrecking, Demolition,
and Ship Breaking
Operations
  • All work performed at the site of a total or partial building demolition (including clean up and salvage work)


  • Dismantling of a building,  bridge, steeple, tower chimney, or other structure


  • Dismantling of a ship
















26
HO 16  Roofing Occupations and All Work On or About a Roof
  •   Bans all jobs in roofing operations including work performed on the ground
  • and
  • All work performed on or about a roof (in close proximity)
27
HO 17    Occupations in Excavation
  • Bans most jobs in trenching and excavation work, including working in a trench more than four feet deep
28
Exceptions and Exemptions
  • Casual babysitting, newspaper delivery, modeling and acting
  • Parental exception
  • Apprentices
  • Student Learners
29

Tips for Young Workers
Stay Safe!

  • Know what you legally may and may not do
  • Know when you legally may and may not work
  • Be aware of your surroundings
  • Politely say “no” when asked to do something that is not allowed or something you do not feel you can safely do
30
  Additional Information

  • www.youthrules.dol.gov
  • Visit the WHD homepage at:  www.wagehour.dol.gov
  • Call the WHD toll-free information and helpline at 1-866-487-9243
  • Use the DOL interactive advisor system  - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at:  www.dol.gov/elaws
  • Contact the nearest Wage and Hour Division Office
31
Disclaimer
  • This presentation is intended as general information only and does not carry the force of legal opinion.
  • The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and correct errors brought to our attention.