The Federal Labor Standards Act (FLSA) governs child labor law in the United States. The child labor law provisions of the FLSA were enacted to as a result of child labor law history where businesses in the industrialization age hired children for factory work because they were considered cheap and manageable labor with less tendency to strike.

Because the penalties for violating these laws are harsh, businesses wanting to hire teenagers for summer help or after-school work need to be aware of child labor law basics and take proactive steps to ensure compliance with both state and federal child labor laws. Federal child labor law now provides certain protections for child workers including:

1. The child labor laws set a minimum age for employment (usually 14 years of age).
2. The child labor laws regulate the hours of child workers.
3. The child labor laws provide a minimum age for hazardous employment (usually 18).
4. The child labor laws provide for a minimum wage.
   

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Comply with the posting requirements of federal child labor laws

The FLSA requires businesses to post various notices regarding requirements of the FLSA in prominent places for employees to see. Businesses employing child workers will need to post the 'Minimum Wage' poster which contains information on allowable work hours and times for those employees under 18.

I recommend: The Department of Labor offers the "Minimum Wage" poster for free on its website. GovDocs offers both state and federal labor law posters and provides email alerts to its customers regarding changes in the laws.

Maintain accurate records to comply with child labor law

In some states, child workers may need to obtain Employment/Age certificates in order to be legally eligible to work. Businesses that have these records on file may be protected against any unwitting violation of child employment law.

I recommend: The Business Owner's Toolkit offers an interactive map that you can click on to see if your state has any Employment/Age certificate requirements. It also provides information on exactly where you can go to get the certificate in each state. The U.S. Wage and Hour Division provides a table setting forth the Employment/Age certificate issuance requirements of each state.

Eliminate safety hazards in the workplace to ensure against child labor law violations

Businesses should reduce the potential for injury or illness on the job by identifying and eliminating safety hazards. This includes making sure equipment used in the business by the child worker is safe and legal. Employers should also make sure that all child workers are properly supervised.

I recommend: Youth Rules offers self-assessment tools for restaurant, grocery and non-agriculture employers. These self-assessment tools help employer identify and correct potential safety hazards. The Occupational Health and Safety Administration (OSHA) also offers consultation programs in every state to help employers understand child labor law basics and eliminate safety hazards.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Child labor law can be a legal minefield. Don't hesitate to consult with experienced child labor lawyers if you have any questions at all regarding compliance with federal child labor laws. Lawyers for child labor and child labor law firms are an excellent source of information on the child labor laws applicable to your business.

Child labor laws exist to protect children from exploitation. If an employer follows certain guidelines, a child under the age of 18 may work. There are both federal and state child labor laws that govern child labor, so an employer must abide by both requirements if he considers hiring an underage person.

State laws regarding child labor vary from state to state, and they may or may not be stricter than federal laws. In the event that federal and state child labor laws conflict, then you must adhere to the more protective law. Lawyers for child labor can offer your business information on existing child labor laws.

Before hiring a person under 18 years of age, consider the following:

1. Child labor lawyers can advise you on the correct procedure for hiring young employees.

2. In some states, employees under 18 need to obtain working papers before being hired.

3. Some states restrict youth workers from driving during specific times of the day.

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Know the legal requirements of child labor law

Child labor laws set the minimum age for employment, hours of work restrictions, minimum wages and standards for child employment in hazardous occupations. These requirements may vary under federal law versus state law. Familiarizing yourself with the specifications associated with child employment law is fundamental if you plan to hire employees younger than 18 years of age.

I recommend: The U.S. Department of Labor breaks the requirement up into a comprehensive and easy to understand list of subtopics. For information on state law, check out this interactive map with links to all 50 states.

Find out about exemptions in your state of federal child labor laws

There are some exemptions to child labor law requirements. For instance, a child can usually work in a business owned by her parents, as long as that business isn't considered hazardous by the Department of labor. Also, minors may be exempted from some aspects of child labor law if they participate in a school-to-work program. Again, because state laws vary, you need to check into information about child labor laws in your state.

I recommend: This Child Labor Rules Adviser put out by the Department of Labor guides you through federal exemption guidelines.

Partner with a child labor law firm or human resources firm for guidance

Child labor law can be confusing, but child labor law firms can simplify the process. It might be wise to contact child labor lawyers who specialize in labor law or child labor law. If you'd rather not retain lawyers for child labor, you might consider going with an human resources firm that can give you clear information on hiring minors. The consequences of misinterpreting the law far outweigh the cost of paying to understand your rights.

I recommend: Lawyers Legal Law provides a service to match you with the right child labor law firms. Or, go to HR.BLR.com and sign up for their service, which offers businesses state-specific guidance on child labor policies.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Federal child labor laws require employers to post notices pertaining to specific labor law requirements in the workplace.

Child labor law is designed to protect 5.5 million children, between 12 and 17, who are employed. Specifically, the Fair Labor Standards Act (FSLA) and the Children's Act for Responsible Employment (CARE) govern child labor by restricting the hours that children, under the age of 16, may work and the types of jobs that children, under the age of 18, may hold. While the law is designed to protect children, employers still violate the law knowingly and unknowingly. Consequently, there is great need for child labor lawyers and advocates.

Lawyers or advocates working in the field of child labor law may obtain some of their education and training from law school or social work classes; however, there are other avenues for training that should be explored by anyone seeking to become a child labor lawyer or child labor law advocate. Some of the more common resources for training include the following.

1. The Department of Labor maintains pertinent and current information about federal child labor laws.

2. State governments are an excellent recourse for training sessions pertaining to state child employment law.

3. Nonprofit organizations maintain a plethora of information regarding local and federal child labor laws.

Action Steps
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Utilize federal government child labor law training programs

The federal government maintains several websites devoted to educating employees and employers about the restrictions imposed by child labor laws.

I recommend: Peruse the U.S. Department of Labor First Step Employment Law Advisor which is designed to help employers identify federal employment laws that pertain to their business. Youth Rules, sponsored by the Department of Labor, provides a plethora of information pertaining to child labor law, such as agricultural youth employment, safety and health, and international child labor.

Obtain information about child labor law from state agencies

While the federal government has child labor laws, state governments also have child labor laws. Some state agencies may offer child labor law training sessions, while other states simply post the information to their state website.

I recommend: Check your state's department of labor website for a copy of the state child labor law. The Texas Workforce Commission maintains a copy of its child labor law on its website. The Indiana Department of Labor offers child labor law training sessions for employers, employees, labor unions and others affected by child labor law. Lawyers and advocates in Pennsylvania may want to check with the Pennsylvania Department of Labor and Industry. They hold trainings on child labor law and maintain a copy of the presentation used during the training on their website.

Seek out child labor law information from nonprofit organizations

Nonprofit organizations that protect the rights of minors or promote the work of child labor lawyers and advocates are excellent sources for information. Some of these organizations hold periodic conferences or trainings.

I recommend: Current or future lawyers for child labor law should consider attending the American Bar Association Section for Employment and Labor Law conference. Check the brochure for break-out sessions pertaining to child labor law. The National Consumers League works to protect social and economic justice for workers in the United States and around the world. They offer periodic training sessions on various aspects of labor law, including child labor law.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Network with lawyers in other child labor law firms. If you are still in law school, apply for an internship in a child labor law firm. If you're a practicing lawyer, seeking to broaden your practice, ask a child labor lawyer to serve as your mentor.