The FLSA child labor provisions are designed to protect the educational
opportunities of youth and prohibit their employment in jobs and under
conditions detrimental to their health or safety. The child labor
provisions include some restrictions on hours of work for youth under
16 years of age and lists of hazardous occupations
too dangerous for young workers to perform.
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child labor
Basic Provisions under the FLSA:
- Youths age 18 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 and 3 hours on
school days (including during school hours).
What is considered a "hazardous job"?
For detailed information about what jobs are deemed hazardous, contact
your Wage and Hour division district office at: Miami Florida District
Office US Dept. of Labor, ESA Wage & Hour Division Sunset Center 10300
Sunset Drive, Room 255 Miami, FL 33173-3038 Phone: (305) 598-6607
(305) 596-9874 Fax: (305) 279-8393 Jorge Rivero, District Director
Wages and Hours
Under the Fair Labor Standards Act, youths under 20 years of age
may be paid a minimum wage of not less than $4.25 an hour during the
first 90 consecutive days of employment. After that they must be paid
minimum wage.
! It is against the law for an employer
to displace any adult employee or reduce their hours, wages or employee
benefits in order to hire someone else at the youth minimum wage.
For workers over the age of 16 there is no maximum on total hours
that may be worked. However, the employee must be paid overtime pay
for any hours in excess of 40 in a work week.
Is your worker an "employee" under the FLSA? Fact sheet (in english):
http://www.dol.gov/dol/esa/public/regs/compliance/whd/whdfs13.htm
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