According to the International Labor Organization, there are almost 160 million minors involved in child labor worldwide. Contrary to common belief, such adolescents do not do part-time jobs or after-school jobs; instead, they are engaged in dangerous occupations like mining that deprive them of their childhood. Approximately 73 million of these child laborers are between the ages of 5 to 11 years old.
Child labor is not a necessary part of the global growth. It is the primary reason for increasing adult unemployment and slowing global economic growth. The child labor specialist Patrick Quinn says," The first step to reducing the incidence of child labor is ensuring that people know what it is."
In this book, you will learn what child labor is and what misconceptions about child labor laws are. Let's delve into this read!
What Are Child Labor Laws?
The term "Child Labor" is often defined as any work that affects the children of their childhood, disturbs their physical and mental health, or harms their dignity or potential level. These laws ensure that minors should work under safe conditions that do not jeopardize their well-being and educational opportunities.
According to research, a large portion of young children are engaged in child labor and are not allowed to go to school. More than 25% of minors between the ages of 5 to 11 and 33% of those 12 to 14 are not allowed to attend school.
Child labor laws are distinguished as state or federal minor labor laws that protect the rights of minors. Their primary goal is to ensure the safety and education of children whose work does not interfere with their schooling. However, these laws limit the types of work minors can do, the hours they can work, and the conditions under which they can be employed.
Overview of the History of Child Labor Laws in the United States
The significant rise in child labor occurred after the Civil War. According to the 1870 census, almost 1 out of every eight children was employed, and significantly, this rate was increased to 1 in 5 children at the end of the 19th century. Between the era of 1890 to 1910, 18% of children of all ages, usually 10 to 15 aged grouped children worked.
The history of child labor laws in the U.S. dates back to the late 19th and early 20th centuries, a time when child labor was prevalent in many industries. The Industrial Revolution saw a surge in the employment of children in factories, mines, and other hazardous environments, often under appalling conditions. Reformers, including social activists and labor unions, campaigned for laws to protect children from exploitation.
Key milestones include the Fair Labor Standards Act (FLSA) of 1938, which established minimum age requirements and working hours for minors in non-agricultural jobs, and various state laws that provide additional protections.
Critical Facts about Child Labor Laws
To maintain minor labor laws, federal laws set stringent regulations for child labor safety. In contrast, the states can create labor laws to ensure safety. However, some key facts need to be considered for child labor;
Age Restrictions
According to the Fair Labor Standards Act (FLSA), the minimum age requirement for child labor is that minors should be 14 years old to work in non-agricultural jobs and working hours or times of 16 years old. The reports stated that the majority of child labor occurs within families, and the age group of 5 to 14 years old worked in agriculture.
Children under 13 to 14 do not work in non-agricultural occupations that seem non-hazardous, like acting, delivery of newspapers, etc. However, minors under 18 cannot be employed in manufacturing or mining.
There are some exceptions for industries like construction. For instance, minors 16 are allowed to perform sales or office jobs. They are restricted to work in hazardous conditions in the construction sector.
Working Hours Limitations
The legal work hours for minors are 8 hours a day with a 30-minute break. According to the FLSA, "minors under 16 are not permitted to work over eight hours and forty hours a week when classes are not in session, and no more than three hours a day and eighteen hours a week when classes are in session".
If you are wondering, can 16-year-olds work overtime so there are no federal laws that restrict how many hours a teen can work? However, 16 and 17 can work unlimited hours only in non-hazardous jobs and are still limited to working early in the morning or late at night.
According to child labor regulations, 29 C.F.R. § 570.35, 14 and 15-year-olds are prohibited from working over 8 hours daily; minors do not work before 7 am or after 7 pm. The children of this age group are not allowed to work during school timings. Minors cannot work overtime or even on weekends and public holidays.
There are no restricted minor labor laws for youth 18 or older. They may perform any job, whether hazardous or non-hazardous. They are eligible to conduct mining, manufacturing, and construction jobs.
Work Permits and Parental Consent
According to the child labor laws in the U.S., work permits play a crucial role in preventing child labor laws. The states that require work permits or parental consent for minors have 16.9% of federal child labor violations as compared to other states.
This work permit requires parental consent, proof of age, school permission, information about the employer, and work schedule and job duties. This document plays a crucial role in verifying the minor's age and ensuring they are legally eligible to perform the job they are asking for.
It even prevents employers from hiring underage workers or assigning them inappropriate jobs. In these documents, information like type of work and work hours is added that helps to protect minors from exploitation and unsafe conditions. It even authenticates that such employment does not interfere with a minor's education and limits the working hours accordingly.
However, parental consent ensures that parents are aware of and approve their child to work under the legal acts where the child's well-being must be prioritized.
The process of obtaining a work permit varies from state to state but generally involves the following steps;
- Apply for a work permit and the minor's parents' or grandparents' approval.
- Ensure that parents are fully informed about the nature of the job & work hours.
- Add legal documents like birth certificates to proof of minor's age or any other official document.
- The application must include a written agreement from the parents that they approve of their child's employment.
- Must add school official statement that employment will not interfere with their education
- Add the employer's consent to provide a statement that describes the job duties, work hours, and conditions of employment.
Types of Permitted and Prohibited Work
Children of 14 to 15 can only work at jobs exempt from the Fair Labor Standards Act (FLSA), such as acting and delivering newspapers to customers. However, the FLSA also establishes the minimum age for youngsters to work in non-agricultural occupations, which must be 18 years old or older. However, it is required to check hazardous occupations orders (H.O.s) to ensure in which occupations a minor can work as per the federal and state child labor laws. There are almost 17 H.O.s that are totally or partially banned for minors under 18 years old.
However, 14 to 16 years old and younger are eligible to work in agricultural sites or farms, ensuring that such sites do not possess any hazardous jobs such as operating a tractor, loading and unloading, breeding purposes of bull, stud horse, or boar, and handling of any dangerous substance.
Children as young as 12 may work in agriculture with parental consent and outside school hours. However, minors working in family-owned businesses have fewer restrictions; for instance, they should make sure the minor performing work is non-hazardous, such as helping in a family agricultural business or restaurant.
Common Misconceptions about Child Labor Laws
Here are four common misconceptions about minor labor laws;
Misconception: "All Work by Minors Is Illegal"
Usually, we think child labor is illegal, but that's not true. Not all works by minors are prohibited. Many forms of work are perfectly legal for minors under federal and legal laws. If a minor can work as an actor, in theater, in an agricultural occupation, in the delivery of newspapers, or consumer products, all are legally acceptable under child labor laws.
The FLSA states that minors are prohibited from performing hazardous works like construction, mining, or any work that includes heavy machinery. The minors are strictly prohibited from working in non-agricultural occupations, especially if they are under 14 years old.
Misconception: "Minors Can Work Unlimited Hours during School Breaks"
While school breaks offer more flexibility in scheduling work hours for minors, some legal limits are still crucial to consider for minor working hours. Child labor law often requires minors to schedule breaks and rest periods to ensure they are not overworked and maintain their well-being.
For Minors Aged 14 and 15:
- Maximum Hours Per Day: 8 hours.
- Maximum Hours Per Week: 40 hours.
- Permissible Work Hours: 7 am to 9 pm from June 21 through Labor Day.
For Minors Aged 16 and 17:
- Maximum Hours Per Day: 8 hours.
- Maximum Hours Per Week: 48 hours.
- Permissible Work Hours: 6 am to midnight
Misconception: "Parental Permission Overrides All Restrictions"
Parental permission is an important aspect when employing minors. It does not override legal requirements that are designed to protect young workers. There are some legal boundaries to check before hiring a minor, such as age, type of work, working hours, etc.
However, state and federal laws regarding hazardous work are non-negotiable. For example, minors are prohibited from operating heavy machinery or working in specific high-risk environments, regardless of parental consent.
Yet, parental consent is a necessary but not sufficient condition for the legal employment of minors. Employers must still comply with all relevant child labor laws to protect the minors they employ.
Misconception: "Child Labor Laws Are the Same in Every State"
Child labor laws vary significantly between states, making it essential to understand local regulations. While there are federal child labor laws, individual states have the authority to implement additional rules that can be stricter than federal standards, such as variation in age restriction (Some states have different minimum age requirements for certain types of work. For example, agricultural work regulations can vary widely), the difference in working hours, and the type of work permitted and prohibited by your state.
Following federal and state laws is essential to complying with child labor laws. However, ignoring the state-specific regulations may result in legal penalties and harm to young workers.
The Importance of Compliance
Employers are obligated to adhere to child labor laws to prevent themselves from any violation, such as penalties or reputational damage. Complying with child labor laws helps in securing a safer place of work for minors.
However, employers are responsible for providing a mentoring system with experienced workers to guide young employees and ensure that all equipment minors use is safe and legal. Clearly label the equipment that minors may not allowed to operate.
Conclusion
Child labor laws are complex and often misunderstood, leading to misconceptions about what is allowed and prohibited. However, clarifying these misconceptions is crucial to consider their legal requirements for employment and keeping minors safe. The child labor laws help to protect minors from overwork, hazardous conditions, and exploitation. Employers, minors, and parents must understand these laws to promote the well-being and development of young workers.
