Child Labor Laws

OUTLINE

I. Introduction: This paper will concentrate on the Child Labor provision of the Fair Labor Standard Act (FLSA) and the Florida Child Labor Law (FCLL). It's main purpose is to provide the reader with a better understanding of how the laws apply to today's minors.

II. FLSA purpose

III. State Child Labor Laws vs. FLSA

a. How to determine which takes precedence?

IV. Restrictions

a. Age

i. Exceptions to age restriction

b. Work hours

V. Exemptions and Waivers

VI. Youth Minimum Wage

VII. Teen employment

a. The percentage of working teens

b. Educational affect

VIII. Hazardous Occupations

IX. Violations of Child Labor Laws

a. Penalties

b. Surprise repeat offenders

X. Florida Child Labor Data

a. Violations

b. Top three violations

XI. Conclusion: In conclusion I will discuss my personal experience with dealing with the FCLL while working as a teen and how it affected me. This is called the Towns Perception.

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It's an extremely hot spring day in West Palm Beach, FL and all of Johnnie's friends are either at the arcade or hanging out at the local beach. Instead of enjoying his Spring Break Johnnie was sitting at home, where the inside temperature was just as hot as it was outside because they were too poor to afford a decent air conditioner, flipping through the classified ads trying to find a job that was willing to hire a 16-year-old inexperienced male. After submitting a few applications unsuccessfully, Johnnie started to get frustrated and began thinking of how he could earn "fast money" by doing something illegal. A few moments later he realized that going after the fast money would eventually land him behind bars and he still would not be able to assist his mother with the overwhelming debt they had created. Johnnie has regained his focus and is determined to find a job with any local business in town. However, he is ignorant to the fact that Florida has limitations and standards when it comes to employing minors. Are you aware of the laws governing child labor in the state of Florida?

Many people are unaware of the laws regarding the employment of minors. After reading this paper you will have a better understanding of the Fair Labor Standard Act and the Florida Child Labor laws regulating child labor in Florida.

Within the United States there are 51 sets of child labor laws, the Fair Labor Standards Act (FLSA) and one for each state, governing how we employ our youth. The Fair Labor Standard Act's child provision was designed to protect the educational opportunities of youth and prohibit their employment in jobs and under conditions detrimental to their health or safety (Department of Labor). FLSA also forbids oppressive child labor by any employer engaged in interstate commerce ( ). The FLSA set wages, hours worked and safety requirements for minors. The rule varies depending on the particular age of the minor and the particular job involvement.

State Child Labor laws and the FLSA do not always state the same requirements. With this being said, the most restrictive laws will be enforced. For example, the employment of minors over the age of 16 does not fall under Missouri law but there are restrictions under the FLSA. In this example the FSLA trumps the Missouri law.

The FLSA and the Florida Child Labor Law (FCLL) has set the minimum age for employment to 14 years old. In Florida, there are exceptions to this requirement; such as in the entertainment industry and newspaper delivery just to name a few. For minors to work in the entertainment business the employers or agents must make applications to the Division and notify the Division showing the date, number of days, location, and date of termination of the work performed by the minor in order for them to be hired (Child Entertainment).

The FLSA also establishes restrictions on the number of work hours for minors under the age of sixteen. The federal and state law both agree that 14 and 15 year olds may work outside of school hours for a maximum of three hours daily when school is followed the next day and eight hours when school is not scheduled for the next day. They are only allowed to work between the hours of 7 AM and 7 PM. Even though the FLSA does not have hour restrictions for minors 16 and older, FCLL has set regulations in regard to this age group. They are allowed to work 30 hours per week between the hours of 6:30 PM and 11:00 PM when school is scheduled the next day. When school is not scheduled there are no hour restrictions.

Since the FLSA does not have laws governing minors' breaks or days worked per week, Floridians have to follow the FCLL law. The FCLL states that minors are required to take a 30 minute "uninterrupted" meal break for every four hours of work. Florida also restricts minors to no more than six consecutive work days in any one week. Both of these apply through out the year regardless if there is no school scheduled the next day. I believe this part of the FCLL ensure minors doesn't get too stressed or burnt out.

Sometimes there are situations when FCLL conflicts with the minors need to work as, in Johnnie's case. Luckily there are exemptions and partial waivers that could be submitted providing him the option to be exempted from most of the rules governing child labor in Florida. Age restrictions could be lifted for one of the following reasons: minors working for their parents in a non-hazardous environment, deliver newspaper (at least 10 years old), or if they are in the entertainment industry. In order for minors to be exempt from the hour restriction one of the following must apply; if they have been married, graduated from an accredited high school or obtain a high school equivalency diploma (GED), served in the military or issued a partial waiver. A court order may authorize an exemption from both the age and hour restrictions.

Outside

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