DOL violations: A refresher on child labor laws

If you didn’t hear, Rita’s Italian Ice located in Hialeah, Florida, was recently fined over $15,000 by the Department of Labor for allowing 14- and 15-year-olds to work outside of “legally permitted hours.” What are the legally permitted hours for minors to work, you ask? Great question. The rules are detailed and specific; some are federal and some are state. I will summarize them here.

There are different rules for different age groups. For 14- and 15-year-olds, they are subject to the most detailed restrictions. Such youths cannot work:

• More than 3 hours on a school day, including Friday;
• More than 15 hours per week when school is in session (and not during school hours);
• More than 8 hours per day when school is not in session;
• More than 6 consecutive days;
• More than 40 hours per week when school is not in session;
• Before 7:00 a.m. or after 7:00 p.m. on any day, except from June 1 through Labor Day, when nighttime work hours are extended to 9:00 p.m.; and
• More than 4 continuous hours without a minimum of 30-minutes for a meal period.

There are some exceptions to these rules for those who have graduated from high school, are excused from compulsory school attendance (homeschooling does not count here), or are enrolled in an approved Work Experience or Career Exploration Program or Work-Study program, among others. Seek counsel if you think an exception may apply to minors you employ.

In addition to permissible hours, there are detailed restrictions on the type of work that is and is not permissible. As an example, these youths may work in kitchen and food service, but may not perform any type of baking; they may work in clean-up and yard work, but may not use power-driven equipment while doing so; they may do limited tasks in sawmills and woodshops, but they may not work in a workroom where goods are manufactured. These are but a few of many itemized restrictions. Seek counsel to ensure that any youths in your employ are not violating these provisions.

For 16- and 17-year-olds, while federal rules state that they can be employed for unlimited hours, Florida’s rules do not. In Florida, such minors may not work:

• More than 8 hours on a day before a school day;
• More than 30 hours when school is in session (and not during school hours unless enrolled in a career education program);
• More than 6 consecutive days;
• Before 6:30 a.m. or after 11:00 p.m. on a day before a school day; and
• More than 4 continuous hours without a minimum of 30 minutes for a meal period.

An exception to these rules applies to high school graduates or those who have received an equivalent diploma, among other narrow exceptions.

Similarly, federal laws prohibit these youths from working in any occupation other than those declared hazardous by the Secretary of Labor. For example, they are not permitted to drive a motor vehicle or use other types of power-driven machines (such as in baking, woodworking, machinery, etc.). There is a limited exception from some of the hazardous occupations that are otherwise prohibited if the minor is an apprentice or student-learner who is at least 16 years old and is enrolled in an approved program.

Again, these prohibitions and exceptions are very specific, so be wary to know and follow the rules. I once represented a client who was fined by the DOL because a 16-year-old employee was using a specific type of baking equipment that was prohibited when a slightly smaller version of the same machine was permitted. Hopefully, you get the point by now: the DOL takes these issues seriously, and so should you.

For 18 years or older, such individuals may be employed for unlimited hours in any occupation.

What about children under 14, you ask? Be careful. There are only a handful of jobs permitted (such as babysitting on a “casual” basis). The rules regarding hours are the same as outlined above for 14- and 15-year-olds.

Of course, there is a completely different set of rules for agricultural jobs. Headache yet? I don’t blame you. The best advice is to work with your counsel to ensure you are playing by the federal and state rules that apply to you. Otherwise, you could find yourself with an ice-cold fine like Rita’s.

Please remember that any violation of these rules, major or minor, results in strict liability. This means that even if the violation was a result of an oversight, there can still be a penalty. The Florida Department of Business and Professional Regulation can issue fines not to exceed $2,500 per offense. The federal Department of Labor can issue fines up to $11,000 for each employee who is the subject of a child labor violation. Those fines go up significantly for death or serious injury. Where there is a “willful” or repeated violation, the fees may be doubled.

Assuming that you don’t want to throw your hard-earned money to the government for, at times highly technical violations, it pays to know the rules. This means ensuring that your boots-on-the-ground, i.e., your managers, also know and are properly trained in these rules. After all, a well-trained manager is the only way to ensure that these minors are scheduled appropriately and are performing permissible duties for their age.

Meredith B. Plummer is an associate in the West Palm Beach office of Gunster, where she is an attorney in the Labor & Employment practice group. She represents clients in employment-related disputes, such as claims of discrimination and retaliation under Title VII of the 1964 Civil Rights Act, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), among others, as well as wage and hour claims and breach of contract claims. Contact her at mplummer@gunster.com.

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