The Fair Labor Standards Act (FLSA) was drafted in 1938 following the Industrial Revolution, a period of time when workers were notoriously mistreated and underpaid. Tired of being exploited by big businesses, workers united and formed labor unions to rally for their rights. Because of their diligence, there are many laws today which serve to protect the rights and ensure the safety of American workers.
One area which the FLSA mandates is the employment of young laborers. Previously, there was no age limit for working, and oftentimes young boys and girls would be forced to toil day and night to make a wage and help support their impoverished families.
Age Limits
The FLSA requires children to be of a certain age before they can be gainfully employed. The age requirements vary depending on the circumstances surrounding their employment.
To work a non-hazardous job in the agricultural sector, a worker to be at least 14 years old. Exceptions to this law include:
o When a child of 12 or 13 is working on a farm alongside their parents, or with their parents' permission
o A child under the age of 12 that is working on their parents' farm, or on a small farm with their parents' permission
o A 10 or 11 year old may only work for a total of 8 weeks in a year as a hand-harvest laborer
To work a non-hazardous job in all other sectors of the workforce, the minimum age is 16, with the following exceptions:
o Child entertainers and actors
o Children partaking in newspaper delivery
o Children working on the construction of evergreen wreaths from their home
o Children aged 14 or 15 who are working a specified job that does not interfere with their school, health, or well-being. They cannot work in the manufacturing or mining industries.
The FLSA has different legislation for occupations that they believe to be particularly hazardous for children. Hazardous jobs are qualified as jobs that necessarily entail a certain level of risk. This is not a comprehensive list of all hazardous occupations, but examples of such jobs include:
o Mining
o Logging
o Operating power tools
o Wrecking and demolition
o Roofing operations
o Excavations
o Handling radioactive materials
In order to work at a particularly hazardous job, you must be at least 18 years of age, unless it is a hazardous occupation in the agricultural sector, for which you must be 16. Such jobs include:
o Operating a tractor
o Operating or assisting with machinery
o Working on scaffolding over 20 ft high
o Handling toxic agricultural chemicals
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For more information on the laws restricting child labor, or for questions regarding the FLSA, contact the San Antonio employment lawyers of Melton & Kumler, LLP.
Joseph Devine
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