coop labor laws · “the federal child labor provisions do not: • require minors to obtain...
TRANSCRIPT
Introduction
This is a comparison of the child labor laws between the state of Pennsylvania and the United States Government. When Pennsylvania Child Labor Laws and the U. S. Fair Labor Standards Act differ, the more stringent of the two laws shall prevail. This comparison is to be used as a guide to aid the
cooperative education coordinator in determining the more stringent law to follow when placing 16 and 17 year-olds on the job through a work experience program.
For a final determination of rules and regulations as they pertain to students, the placement officer should speak with both U.S. and Pennsylvania Department of Labor representatives.
In this document, the federal labor laws are listed first and the state regulations follow.
Where possible, the law was copied verbatim from one of the sources listed on the Works
Cited page.
The original document was developed by Don Gamble and his students enrolled in the Indiana University of Pennsylvania Cooperative Education Certification Program. Revisions to the original document were made in 2013 by Marlene Dolecki and Debby Helwig due to changes in the Pennsylvania Child Labor Act.
This reference guide is not a legal document. The information is for the purpose of helping Cooperative Education Coordinators to comply with the regulations concerning student employment.
Note: If you find any errors or needed corrections, please contact Geralyn Clevenger at Indiana University of Pennsylvania. [email protected].
Indiana University of Pennsylvania
Cooperative Education
Labor Laws Reference Guide
Who is covered?
The first question which Cooperative Education coordinators must ask when reviewing the child labor provisions of the Pennsylvania Child Labor Act and the federal Fair Labor Standards Act should
be “is the minor covered or protected under the law?” Regulations regarding coverage and a list of those employers exempted under the law are described below.
Who is covered under the Fair Labor Standards Act (FLSA)?
All employees are protected under the FLSA, the federal law, when the work site meets the enterprise coverage criteria or the employee meets the individual coverage criteria.
“Enterprise Coverage:
All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that
have been moved in or produced for such commerce by any person are covered by the FLSA. A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and:
1. whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); or
2. is engaged in the operation of a hospital, an institution primarily engaged in the care of those who are physically or mentally ill or disabled or aged, and who reside on the premises, a school for children who are mentally or physically disabled or gifted, a preschool, an
elementary or secondary school, or an institution of higher education (whether operated for profit or not for profit); or
3. is an activity of a public agency.
Construction and laundry/dry cleaning enterprises, which were previously covered regardless of their annual dollar volume of business, are now subject to the $500,000 test.
Any enterprise that was covered by the FLSA on March 31, 1990, and that ceased to be covered
because of the increase in the enterprise coverage dollar volume test must continue to pay its employees not less than $3.35 an hour, and continues to be subject to the overtime pay, child labor, and recordkeeping provisions of the FLSA.
Individual Coverage:
Employees of firms which are not covered enterprises under the FLSA may still be subject to its minimum wage, overtime, and child labor provisions if they are individually engaged in interstate
commerce or in the production of goods for interstate commerce. Such employees include those who: work in communications or transportation; regularly use the mail, telephone, computer e-mail system and/or facsimile machine to communicate with persons in another state; make deposits in banks; use an electronic device which authorizes a credit card purchase; keep records of interstate
transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross state lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or the production of goods for interstate commerce.
Young entrepreneurs who use the family lawnmower to cut their neighbor’s grass or perform babysitting on a casual basis are not covered under the FLSA.”
“The Federal Child Labor Provisions Do Not:
• require minors to obtain “working papers” or “work permits,” though many states do; • limit the number of hours or times of day that workers 16 years of age and older may legally
work, though many states do;
• apply to any employee whose services during the workweek are performed in a workplace within a foreign country or within a territory named in section 13(f) of the FLSA.”
Exemptions from the Child Labor Provisions of the FLSA
“The federal child labor provisions do not apply to:
• Children 16- and 17 years of age employed by their parents in occupations other than those declared hazardous by the Secretary of Labor.
• Children under 16 years of age employed by their parents in occupations other than
manufacturing or mining, or occupations declared hazardous by the Secretary of Labor. • Children employed as actors or performers in motion pictures, theatrical, radio or television
productions.
• Children engaged in the delivery of newspapers to the consumer. • Homeworkers engaged in the making of wreaths composed principally of natural holly, pine,
cedar, or other evergreens (including the harvesting of the evergreens).”
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
Who is covered by the Pennsylvania Child Labor Act (PA CLA)?
All Pennsylvania employers who employ minors are required to comply with the Pennsylvania Child Labor Act (PA CLA).
PA CLA Exclusions
“(a) Domestic service.--This act shall not apply to employment of a minor in domestic service in or about the private home of a parent or guardian, to baby-sitting and to performance of minor chores in or about a private home of the employer. Minor chores shall:
(1) Include lawn care, snow shoveling and residential chores performed by minors on a casual or infrequent basis.
(2) Exclude activities otherwise prohibited by the department in regulations promulgated under this act and activities or occupations designated as hazardous and otherwise prohibited under the Fair Labor Standards Act and regulations promulgated under that act.
(b) Agricultural employment.--Agricultural employment which is exempt from coverage of the child labor provisions of the Fair Labor Standards Act shall be exempt from coverage of this act.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
What are the FLSA requirements regarding work permits?
“Employers may protect themselves from unintentional violation of the child labor provisions by keeping on file an employment or age certificate for each minor employed to show that the minor is
the minimum age for the job. Certificates issued under most State laws are acceptable for purposes of the Act.”
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
What are the duties of Pennsylvania employers regarding work permits as required by the PA CLA?
“Duties of employer.
(a) Work permits and parental authorization.-- (1) Unless a minor has the items listed in paragraph (2), a minor may not be employed or permitted to work:
(i) in, about or in connection with an establishment; or (ii) in an occupation.
(2) To be employed, a minor must have all of the following: (i) A work permit.
(ii) For individuals who are under 16 years of age, a written statement by the minor's parent or legal guardian acknowledging understanding of the duties and hours of employment and granting permission to work subject to the provisions of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities). (3) Before employing a minor, an employer shall do all of the following:
(i) Verify the work permit under paragraph (2)(i). (ii) Receive the verified statement under paragraph (2)(ii).
(b) Notification.--The employer shall notify the issuing officer in writing of the employment of a minor and shall detail the normal duties and hours of employment within five days after the beginning of employment and shall include the age and permit number of the minor. On termination
of employment of a minor, the employer shall notify the issuing officer within five days of the final day of employment that the minor no longer is employed by the employer.
(c) Posting requirement.--An employer shall post a printed abstract of the sections of this act relating to the hours of labor in a conspicuous place in the establishment. (d) Records.--An employer shall maintain the following records at the workplace:
(1) A list of all the minors employed in the establishment. (2) A schedule of the hours of labor of the minors listed in subparagraph (ii). The schedule of
hours of labor shall contain: (i) the maximum number of hours each minor is required or permitted to work on each day of the week; (ii) the weekly total for each minor; and
(iii) the daily hours for commencing and stopping work and for time allowed for meals. (3) For each minor, the employer shall keep a copy of the work permit, the original verified permission statement required in subsection (a) and a copy of the letter sent to the issuing officer announcing the employment of the minor.
(4) An employer shall maintain records for employed minors in compliance with the recordkeeping requirements of the act of January 17, 1968 (P.L.11, No.5), known as The
Minimum Wage Act of 1968, and shall maintain accurate records of the actual days, hours and times of day the minors worked, including breaks. (5) An employer shall provide an enforcement officer with access to records kept under this
subsection at all reasonable times.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
What are the Duties of the Department of Education regarding the
issuance of work permits? “The Department of Education shall supply and distribute to school districts all forms necessary for the enforcement of this act.
Duties of school districts.--School districts shall administer applications and issuance of work permits under section 9 and shall notify the department of alleged violations of this act. Suspected violations of age requirements.--
(1) If an enforcement officer has reason to believe that an individual working without a work permit is a minor or that a minor with a work permit is working in violation of the age restrictions set forth under this act, the officer may demand that the person employing the individual within ten days:
(i) furnish to the officer proof of age; or (ii) cease to employ or permit the individual to work. (2) Proof of a demand under paragraph (1) and of failure to comply with paragraph (1)(i) constitutes prima facie evidence of the illegal employment of a minor.
(3) Compliance with this subsection does not relieve a person from liability under (the penalties) section of the PA CLA.” “The following is a brief summary of the major changes to Pennsylvania’s Child Labor Law that
impact school districts.
1. Although not specifically addressed in the new law, minors who currently possess a valid
work permit may continue to utilize that permit to work. Minors, who possess a vacation certificate and desire to work for another employer, may obtain a new work permit from the issuing officer in their school district. All minors who possess either an old or new work permit must follow the new rules regarding employment.
2. Requests for work permits involving theatrical and other similar performances will continue
to be processed by the Pennsylvania Department of Labor and Industry. These minors will
need verification signed by the principal of the school attended by the minor or the issuing officer of the minor's school district. This statement will verify that the performance and rehearsals will not interfere with the educational instruction or school progress of the minor or a guarantee that arrangements are made for a qualified tutor for the minor. If the minor
is to be tutored, the application will set forth the name and address of the tutor, whether the tutor is a certified teacher, the name and address of the school official approving the subjects for tutoring and the tutoring arrangements and the number of hours per week the minor is to be tutored.
3. Under the new Child Labor Law, an issuing officer can be a district superintendent or a supervising principal of a public school district. If a public school district does not have a superintendent or supervising principal, the secretary of the board of school directors may serve this function. The above officials can authorize, in writing, another individual to issue
work permits.
4. Under the new Child Labor Law, neither the employer nor a physician will need to sign an application for a work permit. The new law does require that an applicant’s parents or legal
guardian sign an application for a work permit. In lieu of a signature by a parent or legal guardian, the applicant can sign a statement before a notary public attesting to the accuracy of facts in the application on a form prescribed by the Pennsylvania Department of Labor and Industry. The statement must be attached to the application. This requirement does not
apply if the applicant can show official proof of high school graduation.
5. Under the new Child Labor Law, there will only be one work permit rather than three. The new work permit will apply to all minors age 14 through 17 and can be used for more than
one employer. The permit will certify that the holder personally appeared before the issuing officer, that all papers required by law have been examined and approved, and that all requirements for issuance have been fulfilled. The work permit must be signed by the holder
in the presence of the issuing officer. Minors who can demonstrate official proof of high school graduation do not have to appear before the issuing officer. The issuing officer cannot issue a work permit until they have examined and verified the following papers which verify age: an official document of the commonwealth or if not an official Commonwealth
document, an attested transcript of a birth certificate, a certified baptismal certificate, a passport, a certified documentary record, or the signed statement of a physician stating that after examination they believe the minor to be of proper age.
6. Under the new Child Labor Law, an issuing officer may deny a work permit if, in the issuing
officer’s judgment, the applicant cannot maintain adequate academic achievement if permitted to work during the school year. Similarly, an issuing officer may revoke a work
permit if in the issuing officer’s judgment the minor cannot maintain adequate academic achievement if permitted to work during the school year.
7. Under the new Child Labor Law, an employer must notify the issuing officer within five days
of the normal duties and hours of employment of a minor. Within five days after termination of employment, the employer must notify the issuing officer of such termination. Employers are also required to maintain a copy of the minor’s work permit.
8. Under the new Child Labor Law, enforcement capabilities have been expanded to include
school personnel. The following school officials have enforcement capabilities: chief school administrator, home and school visitor, attendance officer (appointed under sections 1341 and 1342 of the Public School Code), and issuing officer. School districts administer
applications and issue work permits. If an enforcement officer has reason to believe that an individual working without a permit is a minor or that a minor with a work permit is working in violation of the age restrictions under the Child Labor Act, the officer may demand that the person employing the individual, provide, within ten days the following: proof of age of the individual in question or cease to employ or permit the individual to work.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
How does the student apply for a work permit? “Work permit. (a) Form and content.--
(1) A work permit shall be issued on a wallet-sized form prescribed by the department. The
work permit shall contain the following information related to the minor: (i) Name. (ii) Sex. (iii) Date and place of birth.
(iv) Place of residence. (v) Color of hair and eyes. (vi) Any physical work restrictions.
(2) The work permit shall certify that: (i) the holder has personally appeared before the issuing officer and has been examined; (ii) all papers required by law have been examined, approved and filed; and (iii) all conditions and requirements for issuing a permit have been fulfilled.
(3) The work permit shall be signed in the presence of the issuing officer by the minor. (4) The work permit shall bear a number, the date of issuance and the signature of the issuing officer.
(b) Application.--
(1) Documentation shall be as follows: (i) Except as set forth under subparagraph (ii), the application for a work permit must be
verified as follows: (A) The applicant's parent or legal guardian must sign the application. (B) In lieu of a signature under clause (A), the applicant may execute a statement before a notary public or other person authorized to administer oaths attesting to the accuracy
of the facts set forth in the application on a form prescribed by the department. The statement shall be attached to the application.
(ii) Subparagraph (i) does not apply if the applicant can demonstrate official proof of high
school graduation. (iii) The issuing officer shall not issue a work permit until the issuing officer has received, examined, approved and filed the following papers which verify the applicant's age:
(A) If proof of age is an official document or record of the Commonwealth or government
of another state or governmental subdivision of another state, it need not be filed if the issuing officer records the information necessary to enable the document or record to be located at the place where it is filed. If proof of age is other than an official document or
record of the Commonwealth or government of another state or governmental subdivision of another state, the following is the order of preference for acceptable proof under this clause:
(I) An attested transcript of the birth certificate, filed according to law with a register
of vital statistics or other officer charged with the duty of recording births. (II) A certified baptismal certificate or transcript of the record of baptism showing the date of birth. (III) A passport showing the age of the minor.
(IV) Any certified documentary record of age other than a school record or an affidavit of age, which appears to the satisfaction of the issuing officer to be sufficient evidence of age.
(V) The signed statement of a physician, physician's assistant or nurse practitioner, approved by the board of school directors, stating that, after examination, it is the opinion of the individual signing the statement that the applicant has attained the age required by law for the occupation in which the applicant expects to engage. The
statement must be accompanied by an affidavit signed by the applicant's parent or legal guardian or, if there is no parent or legal guardian, by the applicant's next friend and certifying to the name, date and place of birth of the applicant and that the
individual signing the statement is unable to produce any of the proofs of age specified in subclauses (I), (II), (III) and (IV).
(B) (Reserved). (2) Examination shall be as follows:
(i) Except as set forth under subparagraph (ii), a work permit shall not be issued until the applicant has personally appeared before and has been examined by the issuing officer. (ii) Subparagraph (i) does not apply if the applicant can demonstrate official proof of high school graduation.
(c) Issuance.--If all application requirements are met, a work permit shall be issued by an issuing officer unless it is the issuing officer's judgment that the applicant cannot maintain adequate academic achievement if permitted to work during the school year. (d) Revocation.--An issuing officer may revoke a work permit if it is the issuing officer's judgment
that the applicant cannot maintain adequate academic achievement if permitted to work during the school year. (e) Cooperation.--The issuing officer shall cooperate with an enforcement officer with investigation
and enforcement of this act.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
Source: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.voced.iup.edu%2Fpcea%2FResources%2Fwork%2520permits.docx&ei=ioGvUdLQCrH64AOynYD4Dg&usg=AFQjCNEEN4Pk2wVyPlA-xB3qbsUi2LF7Ew&bvm=bv.47380653,d.dmg
Source: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC0QFjAA&url=http%3A%2F%
2Fwww.voced.iup.edu%2Fpcea%2FResources%2Fwork%2520permits.docx&ei=ioGvUdLQCrH64AOynYD4Dg&usg=AFQjCNEEN4Pk2wVyPlA-xB3qbsUi2LF7Ew&bvm=bv.47380653,d.dmg
What are the federal minimum age requirements for
employment?
“FLSA Minimum Age Standards for Nonagricultural Employment
14 Minimum age for employment in specified occupations outside of school hours for limited periods of time each day and each week.
16 BASIC MINIMUM AGE FOR EMPLOYMENT. At 16 years of age, youth may be employed for unlimited hours in any occupation other than one declared to be hazardous by the Secretary of Labor.
18 Minimum age for employment in nonagricultural occupations declared hazardous by the Secretary of Labor.”
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
What are the state minimum age requirements for
employment?
“Minors under 14 years of age may not be employed or permitted to work in any occupation, except
children employed on farms or in domestic service in private homes. No minor under 14 years of
age may be employed on a farm by a person other than the farmer. Under certain restrictions,
caddies may be employed at the age of 12, news carriers at 11 years of age, and juvenile
performers in the entertainment field.
For individuals who are under 16 years of age, a written statement by the minor's parent or legal
guardian acknowledging understanding of the duties and hours of employment and granting
permission to work is required.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
What are the PA CLA prohibited occupations for minors? “(a)Minors may not be employed in the following:
(1) Establishments where alcoholic beverages are produced, sold or dispensed except as follows:
(i) Notwithstanding any other provisions of law, a hotel, restaurant or club liquor licensee or any retail dispenser may allow students receiving instruction in a performing art to perform an exhibition if the students are not compensated and are under proper supervision in
accordance with the act of April 12, 1951 (P.L.90, No.21) known as the Liquor Code. (ii) An individual under 16 years of age may be employed at a continuing-care retirement community, ski resort, bowling alley, golf course, amusement park or other similar recreational establishment where alcoholic beverages are served as long as the individual is
not permitted to handle or serve the beverages and is not employed in an area where the beverages are stored or served. (iii) A minor 16 years of age or older may be employed in that part of the establishment in
which alcoholic beverages are not served. (iv) A minor 16 years of age or older may be employed in a hotel, club or restaurant where alcoholic beverages are served if the employment consists of serving food, clearing tables and related duties, provided that the establishment has a valid permit for Sunday sales
issued by the Pennsylvania Liquor Control Board and the minor's duties do not include dispensing or serving alcoholic beverages. Before employing a minor under this subsection, an establishment licensed by the Pennsylvania Liquor Control Board for Sunday sales must submit to the issuing officer a copy of the current valid permit for Sunday sales.
(2) In any occupation or establishment designated as hazardous and otherwise prohibited under the Fair Labor Standards Act and regulations under that act. (3) As a pilot, fireman or engineer upon a boat or vessel; on a railroad or railway as a track
repairman, gate-tender, switch-tender, brakeman, fireman, engineer, motorman or conductor; or in the manufacture of paint, color or white-lead, poisonous dyes or compositions using dangerous lead or acids; and minors under 16 years of age shall not be permitted to strip or sort tobacco, work on scaffolding or work in a tunnel.
(4) An individual under 16 years of age may not be employed or permitted to conduct youth peddling, which entails the selling of goods or services to customers at locations other than the minor-employer's establishment, such as the customers' residences or places of business or public places such as street corners and public transportation stations. Prohibited activities
associated with youth peddling not only include the attempt to make a sale or the actual consummation of a sale, but also the preparatory and concluding tasks normally performed by a
youth peddler in conjunction with his or her sales, such as the loading and unloading of vans or other motor vehicles, the stocking and restocking of sales kits and trays, the exchanging of cash
and checks with the employer and the transportation of minors to and from the various sales areas by the employer. Prohibited youth peddling also includes such promotion activities as the holding, wearing or waving of signs, merchandise, costumes, sandwich boards or placards in order to attract potential customers, except when performed inside or directly in front of the
employer's establishment providing the product, service or event being advertised. This paragraph does not prohibit a minor salesperson from conducting sales for his or her employer on property controlled by the employer that is out of doors but may properly be considered part of the employer's establishment. Minors may conduct sales in such employer exterior facilities,
whether temporary or permanent, as garden centers, sidewalk sales and parking lot sales, when employed by that establishment. Youth peddling does not include the activities of persons who, as volunteers and without compensation, sell goods or services on behalf of eleemosynary
organizations or public agencies.
(b) List.--The department shall publish a list in the Pennsylvania Bulletin which shall constitute hazardous or otherwise prohibited establishments or occupations under this act. The list shall consist of those occupations and establishments prohibited under subsection (a)(2) and those
establishments and occupations specifically enumerated as hazardous or prohibited in this act.
(Note: Information regarding these prohibited occupations is described in the section of this booklet labeled
“Hazardous Occupations”.)
(c) Additional occupations.--The (Pennsylvania Department of Labor) may establish additional prohibited or hazardous occupations or establishments which are not included in subsection (b), through regulation.
(d) Occupations for minors less than 14 years of age An individual less than 14 years of age may be employed as follows:
(1) An individual who is at least 12 years of age may be employed as a caddy if the minor does not carry more than one golf bag at a time and employment is not for more than 18 holes of golf in a single day. (2) An individual who is at least 11 years of age may engage in the delivery of newspapers as
set forth under section 14.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
What are the requirements regarding employment of 14 and 15 year old
minors?
FLSA (federal) requirements:
“The FLSA confines the employment of 14- and 15-year-olds to those jobs and time periods that the Secretary of Labor has determined will not interfere with their schooling and to conditions which will not interfere with their health and well-being. Jobs that are not specifically permitted are prohibited.
Fourteen- and 15-Year-Olds May Not Be Employed:
1. DURING SCHOOL HOURS, except as provided in Work Experience and Career Exploration Programs and Work-Study Programs.
2. BEFORE 7 a.m. or AFTER 7 p.m. except from June 1 through Labor Day when the evening hour is extended to 9 p.m. (time is based on local standards; i.e., whether the locality has
adopted daylight savings time). 3. MORE THAN 3 HOURS A DAY ON A SCHOOL DAY, INCLUDING FRIDAYS. 4. MORE THAN 8 HOURS A DAY ON A NONSCHOOL DAY.
5. MORE THAN 18 HOURS A WEEK DURING A SCHOOL WEEK. 6. MORE THAN 40 HOURS A WEEK DURING NONSCHOOL WEEKS.
As used above, the term week means the same workweek adopted by the employer for the employee to determine when overtime hours are worked in accordance with Regulations, 29 CFR 778.105.
School hours are determined by the local public school in the area the minor is residing while
employed – this is true even if the minor does not attend the public school (i.e., attends a private school or is home schooled). Special provisions apply to students participating in a state sponsored Work Experience and Career Exploration Program or Work-Study Program authorized by the Department of Labor in accordance with §§ 570.36 or 570.37 of Regulations 29 CFR Part 570.
Exceptions from the “school in session” provisions
School is not considered to be in session, and exceptions from the hours limitations standards listed
in paragraphs 1, 3, 5 in the column to the left are provided, for any youth 14 or 15 years of age who:
1. Has graduated from high school; 2. Has been excused from compulsory school attendance by the state or other jurisdiction once he
or she has completed the eighth grade and his or her employment complies with all the
requirements of the state school attendance law; 3. Has a child to support and appropriate state officers, pursuant to state law, have waived school
attendance requirements for this minor; 4. Is subject to an order of a state or federal court prohibiting him or her from attending school; or
5. Has been permanently expelled from the local public school he or she would normally attend, unless the youth is required, by state or local law or ordinance, or by court order, to attend another school.
Limited exemption for professional sports attendants:
Section 570.35(b) of Regulations 29 CFR Part 570 grants a partial waiver from the hours standards limitations for 14- and 15-year-olds who are employed as professional sports attendants and
performing the traditional duties of that position. These minors are still precluded from working during school hours.”
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA requirements:
“Time limitations on employment of (ALL)minors: (a) Rest break.--No minor may be employed for more than five hours continuously without an interval of at least 30 minutes for a rest break. No period of less than 30 minutes shall be deemed
to interrupt a continuous period of work. (b) Time restriction.--Except for newspaper delivery under section 14, a minor may not be employed for more than six consecutive days. (c) Age restriction.--Except as set forth under sections 4(d) and 5, no individual under 14 years of
age may be employed. Hours of employment for minors 14 and 15 years of age. --Except as set forth under subsection (e) and performances under section 5, the hours of
employment for individuals 14 and 15 years of age shall be limited as follows: (1) The minor may not be employed before 7 a.m. or after 7 p.m., except that during a school vacation period a minor shall be permitted to be employed until 9 p.m. The department may
promulgate regulations under this paragraph which establish a procedure for an employer that is not subject to the Fair Labor Standards Act to receive an extension until 10 p.m. (2) The minor may not be employed for more than three hours on a school day or more than eight hours on a day when there is no school.
(3) The minor may not be employed for more than 18 hours during a regular school week. (4) The minor may not be employed for more than 40 hours during a week when school is not in session.
(5) A minor enrolled in summer school is subject to the limitation set forth in paragraph (3). (e) Exceptions.--The following exceptions apply to the prohibitions of subsection (d):
(1) Individuals who are at least 14 years of age or older may be employed until 10 p.m. on a
farm by a person other than the farmer in the hatching, raising or harvesting of poultry as long as the minor is not working in an agricultural occupation declared hazardous by the United States Secretary of Labor. (2) Newspaper and periodical delivery.
(a) Delivery.--A minor engaged in newspaper delivery may be employed for seven
consecutive days in a week.
(b) Delivery and sale.--Individuals who are at least 11 years of age may be employed in the delivery and street sale of newspapers after 5 a.m. and before 8 p.m., except that during the school vacation period a minor shall be permitted to be employed until 9 p.m. This paragraph does not apply to the hauling of newspapers to drop centers, newsstands or
distribution centers. (c) Work permit.--An individual who is more than 16 years of age employed in the distribution, sale, offering for sale of any newspaper, or any minor who can demonstrate that
he is working independently of the newspaper publisher, shall not be required to procure a work permit.
(3) Students 14 years of age or older whose employment is part of a recognized school-work program supervised by a recognized school authority may be employed for hours which,
combined with the hours spent in school, do not exceed eight hours in a day.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
FLSA Prohibited Occupations for 14- and 15-Year-Olds
The following list, which is not exhaustive, are jobs that 14- and 15-Year-Olds MAY NOT Be Employed in:
1. “Any MANUFACTURING occupation.
2. Any MINING occupation. 3. Most PROCESSING occupations such as filleting of fish, dressing poultry, cracking nuts,
developing of photographs, laundering, bulk or mass mailings (except certain occupations
expressly permitted as discussed below). 4. Occupations requiring the performance of any duties in WORKROOMS or WORKPLACES WHERE
GOODS ARE MANUFACTURED, MINED OR OTHERWISE PROCESSED (except to the extent expressly permitted as discussed below; and as discussed in footnote 1 below).
5. ANY OCCUPATION FOUND AND DECLARED TO BE HAZARDOUS BY THE SECRETARY OF LABOR. 6. Occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling or
repairing of HOISTING APPARATUS. 7. Work performed in or about BOILER OR ENGINE ROOMS or in connection with the
MAINTENANCE OR REPAIR OF THE ESTABLISHMENT, MACHINES, OR EQUIPMENT. 8. Occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling or
repairing or of ANY POWER-DRIVEN MACHINERY, including, but not limited to, lawnmowers, golf
carts, all-terrain vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and food mixers. Fourteen- and 15-year-olds may operate most office machinery and those machines that are expressly permitted and discussed below on page 6.
9. THE OPERATION OF MOTOR VEHICLES OR SERVICE AS HELPERS ON SUCH VEHICLES. 10. THE RIDING ON A MOTOR VEHICLE inside or outside of an enclosed passenger compartment
except as permitted below on page 6.
11. OUTSIDE WINDOW WASHING that involves working from window sills. 12. ALL WORK REQUIRING THE USE OF LADDERS, SCAFFOLDS, OR THEIR SUBSTITUTES. 13. ALL BAKING AND MOST COOKING ACTIVITIES except as discussed below on page 6. 14. WORK IN FREEZERS AND MEAT COOLERS AND ALL WORK IN THE PROCESSING OF MEAT FOR
SALE; however, youth are permitted to occasionally enter freezers only momentarily to retrieve items.
15. YOUTH PEDDLING, including not only the attempt to make a sale or the actual consummation of a sale, but also the preparatory and concluding tasks normally performed by a youth peddler,
such as the loading and unloading of motor vehicles, the stocking and restocking of sales kits and trays, the exchanging of cash and checks with the employer, and the transportation of the minors to where the sales will be made.
16. LOADING AND UNLOADING of goods or property onto or from MOTOR VEHICLES, RAILROAD CARS, AND CONVEYORS, except as discussed below on page 6.
17. CATCHING AND COOPING OF POULTRY in preparation for transport or for market. 18. PUBLIC MESSENGER SERVICE. 19. OCCUPATIONS IN CONNECTION WITH:
a. TRANSPORTATION of persons or property by rail, highway, air, on water, pipeline, or other means.
b. WAREHOUSING and STORAGE. c. COMMUNICATIONS and PUBLIC UTILITIES.
d. CONSTRUCTION (including repair). Except 14- and 15-year-olds may perform office or sales work in connection with a., b., c., and d. above when not performed on transportation media, on an actual means of transportation, or at the actual construction site
The following is the list of jobs the Secretary of Labor has determined will not interfere
with the schooling, health, and well-being of 14- and 15-year-olds and therefore MAY BE
performed by such youth. Any job not specifically permitted, is prohibited.
1. OFFICE and CLERICAL WORK, including operation of office machines.
2. WORK OF AN INTELLECTUAL OR ARTISTICALLY CREATIVE NATURE such as but not limited to computer programming, the writing of software, teaching or performing as a tutor, serving as a peer counselor or teacher’s assistant, singing, the playing of a musical instrument, and drawing,
as long as such employment complies with all the other provisions contained in §§ 570.33, .34, and .35.
3. COOKING with electric or gas grills that do not involve cooking over an open flame and with deep fat fryers that are equipped with and utilize devices that automatically lower and raise the
baskets into and out of the oil or grease. NOTE: this section does not permit cooking with equipment such as rotisseries, broilers, pressurized equipment including fryolators, and cooking devices that operate at extremely high temperatures such as “Neico broilers.”
4. CASHIERING, SELLING, MODELING, ART WORK, WORK IN ADVERTISING DEPARTMENTS, WINDOW TRIMMING and COMPARATIVE SHOPPING.
5. PRICE MARKING and TAGGING by hand or by machine. ASSEMBLING ORDERS, PACKING and SHELVING.
6. BAGGING and CARRYING OUT CUSTOMER ORDERS. 7. ERRAND and DELIVERY WORK by foot, bicycle, and public transportation. Except such youth
may not be employed by a public messenger service. 8. CLEANUP WORK, including the use of vacuum cleaners and floor waxers, and the maintenance
of grounds, but not including the use of power-driven mowers, cutters, trimmers, edgers, or similar equipment.
9. KITCHEN WORK and other work involved in preparing and serving food and beverages, including
operating machines and devices used in performing such work. Examples of permitted machines and devices include, but are not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, coffee grinders, automatic coffee machines, devices used to maintain the temperature of prepared foods (such as warmers, steam tables, and heat lamps),
and microwave ovens that are used only to warm prepared food and do not have the capacity to warm above 140 °F.
10. CLEANING KITCHEN EQUIPMENT. Minors are permitted to clean kitchen equipment (not
otherwise prohibited), remove oil or grease filters, pour oil or grease through filters, and move receptacles containing hot grease or hot oil, but only when the equipment, surfaces, containers and liquids do not exceed a temperature of 100°F.
11. CLEANING VEGETABLES AND FRUITS, AND THE WRAPPING, SEALING, LABELING, WEIGHING,
PRICING, AND STOCKING OF ITEMS, INCLUDING VEGETABLES, FRUITS, AND MEATS, when performed in areas physically separate from a freezer or meat cooler.
12. LOADING ONTO MOTOR VEHICLES AND THE UNLOADING FROM MOTOR VEHICLES of the light, non-power-driven, hand tools and personal protective equipment that the minor will use as part
of his or her employment at the work site; and the loading onto motor vehicles and the unloading from motor vehicles of personal items such as a back pack, a lunch box, or a coat that the minor is permitted to take to the work site. Such light tools would include, but not be limited
to, rakes, hand-held clippers, shovels, and brooms. Such light tools would not include items like trash, sales kits, promotion items or items for sale, lawn mowers, or other power-driven lawn maintenance equipment. Such minors would not be permitted to load or unload safety equipment such as barriers, cones, or signage.
13. THE OCCUPATION OF LIFEGUARD (15-year-olds but not 14-year-olds) at traditional swimming pools and water amusement parks (including such water park faculties as wave pools, lazy rivers, specialized activity areas, and baby pools, but not including the elevated areas of water
slides) when properly trained and certified in aquatics and water safety by the American Red Cross or a similar certifying organization. No youth under 16 years of age may be employed as a lifeguard at a natural environment such as an ocean side beach, lake, pond, river, quarry, or pier.
14. Employment of certain youth under specified conditions inside and outside of establishments WHERE MACHINERY IS USED TO PROCESS WOOD PRODUCTS.
15. WORK IN CONNECTION WITH CARS AND TRUCKS if confined to the following: o Dispensing gasoline and oil.
o Courtesy service on premises of gasoline service station. o Car cleaning, washing, and polishing by hand. o Other occupations permitted by Child Labor Regulation No. 3, BUT NOT INCLUDING
WORK involving the use of pits, racks or lifting apparatus or involving the inflation of any
tire mounted on a rim equipped with a removable retaining ring. 16. WORK IN CONNECTION WITH RIDING INSIDE PASSENGER COMPARTMENTS OF MOTOR
VEHICLES except as prohibited on page 5 of this guide or when a significant reason for the minor being a passenger in the vehicle is for the purpose of performing work in connection with
the transporting—or assisting in the transporting of—other persons or property. Each minor riding as a passenger in a motor vehicle must have his or her own seat in the passenger compartment; each seat must be equipped with a seat belt or similar restraining device; and the
employer must instruct the minors that such belts or other devices must be used. In addition, each driver transporting the young workers must hold a valid state driver's license for the type of vehicle being driven and, if the driver is under the age of 18, his or her employment must comply with the provisions of HO 2 (see page 10 of this guide).
Work Experience and Career Exploration Programs (WECEP)
Some of the provisions of Child Labor Regulation No. 3 are varied for 14- and 15-year-old
participants in approved school-supervised and school-administered WECEPs. Enrollees in WECEP may be employed:
• During school hours. • For as many as 3 hours on a school day, including Fridays. • For as many as 23 hours in a school week.
• In occupations otherwise prohibited but only after a specific variance has been granted by the Administrator of the Wage and Hour Division.
The state educational agency must obtain approval from the Administrator of the Wage and Hour Division before operating a WECEP program.
Work-Study Program (WSP)
Some of the hours standards provisions of Child Labor Regulation No. 3 are varied for certain 14- and 15-year-old students participating in a Department of Labor approved school-supervised and
school administered WSP. Participating students must be enrolled in a college preparatory curriculum and identified by authoritative personnel of the school as being able to benefit from the WSP.
Employment of students in an authorized WSP shall be confined to not more than 18 hours in any one week when school is in session, a portion of which may be during school hours, in accordance
with the following formula that is based upon a continuous four-week cycle. In three of the four weeks, the participant is permitted to work during school hours on only one day per week, and for no more than for eight hours on that day. During the remaining week of the four-week cycle, such minor is permitted to work during school hours on no more than two days, and for no more than for
eight hours on each of those two days. The employment of such minors would still be subject to the remaining time of day and number of hours standards contained Child Labor Regulation No. 3.”
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA Prohibited Occupations for Minors Under 16 • AMUSEMENT PARK RIDE ATTENDANT, OPERATOR, OR DISPATCHER. (29 CFR §570.33(e);
U.S. DEP’T OF LABOR, WAGE AND HOUR DIV., FACT SHEET NO. 7) • BAKER. (29 CFR § 570.33(h))
• BOILER OR ENGINE ROOM WORKER: Including work in connection with maintenance/repair of establishment, machines or equipment. (29 CFR § 570.33(d))
• COOK: Except with gas and electric grills that do not involve cooking over an open flame and with deep fat fryers that automatically lower and raise the baskets. (29 CFR §§ 570.33(h),
570.34(c)) • CHICKEN CATCHER: Catching and cooping of poultry in preparation for transport or for
market. (29 CFR § 570.33(l))
• CONSTRUCTION WORKER: In any capacity. Also includes repairs and maintenance of a building or its equipment. (29 CFR § 570.33(n)(4))
• HOISTING APPARATUS: Operating, tending, setting up, adjusting, cleaning, oiling, or repairing. (34 Pa. Code § 11.32; 29 CFR § 570.33(c))
• INDUSTRIAL HOMEWORKER: Manufacturing in a home of any materials or articles for an employer, a representative contractor, or a contractor. (34 Pa. Code § 11.84; 43 P.S. § 491-3(f))
• LIFEGUARD: At a natural environment such as a lake, river, ocean beach, quarry, and/or pond. Exception for minors at least 15 years old and certified to be a lifeguard: may work at a traditional swimming pool or water amusement park. (29 CFR § 570.34(l))
• PUBLIC MESSENGER: In any capacity. (29 CFR § 570.33(m))
• STRIKES OR LOCKOUTS: Prohibited to work in an establishment where a strike or lockout is in progress, unless the minor was legally certified to work in an establishment prior to the declaration of a strike or lockout. (34 Pa. Code § 11.60)
• SWITCHBOARD OPERATOR: In a telephone exchange. (29 CFR § 570.33(n)(3), 570.34(a);
U.S. DEP’T OF LABOR, WAGE AND HOUR DIV., FIELD OPERATIONS HANDBOOK, 33b08) • TOBACCO STRIPPER OR SORTER. (Child Labor Act, § 4(a)(1)) • TRANSPORTING: Transportation of persons/property by rail, highway, air, water, pipeline, or
other means. (29 CFR § 570.33(n)(1)) • WINDOW CLEANER: At outside window washing that involves working from window sills, and
all work requiring the use of ladders, scaffolds or their substitutes. (34 Pa. Code § 11.61; 29 CFR § 570.33(g))
• YOUTH PEDDLING: Selling goods and services and promotional activities, except at the employer’s place of business. (Child Labor Act, § 4(a)(4); 29 CFR § 570.33(j))
Minors Under 16 are also Prohibited from Working:
• IN ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES ARE PRODUCED, SOLD OR
DISPENSED: Except for continuing-care retirement homes, ski resorts, bowling alleys, golf
courses, amusement parks and other similar recreational establishments where alcoholic beverages are served as long as the minor is not handling or serving alcohol, and not working in an area where alcohol is served or stored. Performing Arts students engaged in uncompensated exhibitions may perform at a licensed establishment, under proper supervision in accordance
with the Liquor Code. (Child Labor Act, § 4(a)(1)) • ON COAL DREDGES: Any work on coal dredges. (34 Pa. Code § 11.50) • IN FREEZER OR MEAT COOLERS: In any capacity, except to enter freezer momentarily to
retrieve items for kitchen work. (29 CFR § 570.33(i)) • ON HIGHWAYS: Sections of highways open to the public for vehicular travel. (34 Pa. Code §
11.41a) • IN MANUFACTURING: Any manufacturing or mechanical process. (29 CFR § 570.33(a))
• ON MACHINERY: Any operating, tending, setting up, adjusting, cleaning, oiling, or repairing any power-driven machinery, including, but not limited to, lawn mowers, golf carts, all terrain vehicles, trimmers, cutters, weed eaters, edgers, food slicers, food grinders, food choppers, food
processors, food cutters, and food mixers. May operate office equipment, vacuum cleaners and floor waxers. (29 CFR § 570.33(e))
• IN PATTERN MAKING SHOPS: In any capacity. (34 Pa. Code § 11.68) • IN THE PRINTING INDUSTRY: On blueprint machines. (34 Pa. Code § 11.69)
• FOR PUBLIC UTILITIES: In any capacity, except office work such as filing, typing and the cleaning and dusting of an office. (29 CFR §§ 570.33(n)(3), 570.34(a))
• ON SCAFFOLDING. All work requiring the use of ladders, scaffolds, or their substitutes. (Child Labor Act, § 4(a)(3); 34 Pa. Code § 11.61; 29 CFR § 570.33(g))
• ON TRUCKS, RAILCARS, AND CONVEYORS: Loading or unloading goods, except for loading/unloading of personal non-power driven hand tools and personal protective equipment that minor will use as part of employment; and personal items to and from motor vehicles. (29 CFR § 570.33(k))
• IN TUNNELS: In any capacity. (Child Labor Act, § 4(a)(3)) • IN WAREHOUSING AND STORAGE: In any capacity. (29 CFR § 570.33(n)(2)”
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
What are the requirements regarding the employment of 16 and 17 year
old minors?
The Fair Labor Standards Act does not regulate the hours of employment for 16 and 17 year old minors.
PA CLA Hours of employment for minors 16 years of age or older
The hours of employment for minors who are 16 years of age or older are as follows: (1) When school is in session, an individual who is 16 years of age or older shall be limited as
follows: (i) The minor may not be employed for more than 28 hours per week during a regular school week. (ii) The minor may not be employed for more than eight hours in a single day.(iii) The
minor may not be employed before 6 a.m. or after 12 midnight, except that during a school vacation period a minor shall be permitted to be employed until 1 a.m.
(2) During a school vacation, an individual who is 16 years of age or older shall be limited as follows:
(i) The minor may not be employed for more than ten hours in a single day. (ii) The minor may not be employed for more than 48 hours in a single week provided that any hours worked more than 44 in a single week shall be voluntarily agreed to by the minor and further provided that the minor may reject any request for employment in excess of 44 hours in
a single week without retaliation. (3) A minor enrolled in summer school is subject to the limitations set forth under paragraph (1). (4) An individual who is 16 years of age or older who is employed as a counselor, counselor-in-
training or junior counselor during the school vacation period by a summer resident camp or a conference or retreat operated by a religious or scout organization shall receive 24 consecutive hours of rest during every seven-day period. This paragraph does not apply to a minor employed primarily for general maintenance work or food service activities.
(5) This subsection does not apply to a minor who: (i) is a high school graduate; or (ii) is exempt from compulsory school attendance requirements under section 1330(1) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
FLSA Employment Standards for 16- and 17-Year-Olds in Nonagricultural
Employment
“The Hazardous Occupations Orders (HOs) for Nonagricultural Employment
These Orders are published in Subpart E of Part 570 of Title 29 of the Code of Federal Regulations.
The FLSA provides a minimum age of 18 years for any nonagricultural occupations which the Secretary of Labor “shall find and by order declare” to be particularly hazardous for 16- and 17-
year-old persons, or detrimental to their health and well-being. This minimum age applies even when the minor is employed by the parent or person standing in place of the parent.
The seventeen HOs apply either on an industry basis, specifying the occupations in the industry that are not permitted, or an occupational basis irrespective of the industry in which found. Some of the HOs contain limited exemptions.
HO 1 Manufacturing and storing of explosives.
HO 2 Motor-vehicle driving and outside helper on a motor vehicle.
HO 3 Coal mining.
HO 4 Occupations in forest fire fighting, forest fire prevention, timber tract operations, forestry service, logging, and sawmilling.
HO 5* Power-driven woodworking machines.
HO 6 Exposure to radioactive substances.
HO 7 Power-driven hoisting apparatus, including forklifts.
HO 8* Power-driven metal-forming, punching, and shearing machines.
HO 9 Mining, other than coal mining.
HO 10* Operating power-driven meat processing equipment, including meat slicers and
other food slicers, in retail establishments (such as grocery stores, restaurants kitchens and delis) and wholesale establishments, and most occupations in meat and
poultry slaughtering, packing, processing, or rendering.
HO 11 Power-driven bakery machines including vertical dough or batter mixers.
HO 12* Power-driven balers, compactors, and paper processing machines.
HO 13 Manufacturing bricks, tile, and kindred products.
HO 14* Power-driven circular saws, bandsaws, chain saws, guillotine shears, wood chippers, and abrasive cutting discs.
HO 15 Wrecking, demolition, and shipbreaking operations.
HO 16* Roofing operations and all work on or about a roof.
HO 17* Excavation operations.
* These HOs provide limited exemptions for 16- and 17-year-olds who are bona-fide student-
learners and apprentices.”
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA Prohibited Occupations for all Minors • “BRICKMAKER: Manufacturing bricks, tile and kindred products. Working in the brick-making
industry on horizontal or vertical pug mills (mixers) (34 Pa. Code § 11.54). Manufacturing of clay construction products – exception: may work in storage or shipping, in offices, laboratories
and storerooms and in the drying departments of plants manufacturing sewer pipe. For silica brick and silica refractories, office work is permitted. Prohibition does not include non-structural bearing clay products: ceramic floor and wall tile, mosaic tile, glazed and enameled tile, faience, and similar tile, nor shall the term include non-clay construction products such as sand-lime
brick, glass brick, or non-clay refractories, except silica refractories. (29 CFR § 570.64) • CRANE OPERATOR: Operating, tending, riding upon, working from, repairing servicing, or
disassembling cranes, hoists, derricks, high lift trucks including fork lifts, and elevators. (34 Pa.
Code § 11.32, 29 CFR § 570.58) • ELECTRICAL WORKER: Installing and removing electrical wiring.* Installing, removing,
reading and testing electric meters.* (34 Pa. Code §§ 11.31, 11.35, 11.38) • ELEVATOR OPERATOR: Operating, managing (34 Pa. Code § 11.32), tending, riding upon,
working from, repairing, servicing or disassembling passenger or freight elevators, hoisting or lifting machinery. (34 Pa. Code § 11.32, 29 CFR § 570.58) Exception: riding inside unattended automatic operation passenger elevator, and 16 and 17 year old minors may ride upon a freight
elevator operated by an assigned operator. (29 CFR § 570.58.) • EXCAVATOR: Working within tunnels, shafts prior to completion of all driving, sinking and
shoring operations and trenches more than four feet in depth.* (34 Pa. Code § 11.66, 29 CFR § 570.68)
• EXPLOSIVES MANUFACTURING: Including handling or storing explosives. (34 Pa. Code § 11.43) Exception for retail establishments. (29 CFR § 570.51) Must be at least 360 feet from point of handling/storage of 200 pounds of explosives, amount of distance increases with greater pounds of explosives. (34 Pa. Code § 11.43)
• FOREST FIREFIGHTING: Including forest fire prevention activities. • Exceptions for 16 and 17 year olds: as long as tasks are not performed in conjunction
with/support of firefighting efforts. May clear fire trails/roads, construct/maintain/patrol fire
lines, pile/burn slash, maintain firefighting equipment and act as fire lookout or fire patrolman. (29 CFR § 570.54)
• FOREST SERVICE/MILL WORKER: Including timber tract management, logging, lath mill, shingle mill, cooperage stock mill and saw mill operations. Exceptions for 16-17 year olds: work
in offices, repair/maintenance shops, living quarters, repair/maintenance of roads, railroads or flumes; work on telephone lines not involving the use of power-driven machinery, handling/use of explosives, felling/bucking of timber, and collecting or transporting of logs or work on
trestles; work related to forest marketing/forest economics, feeding/care of animals, peeling fence posts, pulpwood, chemical wood, excelsior wood, cordwood, etc., when not done in conjunction or location with logging occupations. For permanent saw mill, lath mill, shingle mill or cooperage stock mill operations, 16 and 17 year olds may straighten/mark/tally/pull lumber
on dry chain or dry drop sorter, clean-up lumber yard, piling/handling, shipping of cooperage stock, other than operating/assisting with power-driven equipment; clerical work; clean-up work outside shake and shingle mills, except when mill is operational; split shakes manually from precut/split blocks and pack shakes into bundles, except inside mill building/cover; manually
loading bundles of shingles/shakes into trucks/railroad cars with doctor’s note. (29 CFR § 570.54)
• MEAT PROCESSING:* Operation of power driven food chopping, meat grinding, slicing or
processing machines, and any occupation on the killing floor, in curing/hide cellars. Except for 16 and 17 year old minors working as messengers, runners, and hand truckers, which require entering such workrooms infrequently and for short periods of time. All occupations in recovery of lard and oils, except packaging and shipping, all occupations involved in tankage or rendering
of dead animals; boning, pushing or dropping of any suspended full, half or quarter carcass; hand lifting or hand carrying any full, half or quarter carcass of beef, horse, or buffalo; and, any hand lifting or hand carrying of full or half deer or pork carcass. Killing and processing of rabbits
and small game in areas physically separated from killing floor permitted for 16 and 17 year olds. (34 Pa. Code § 11.65, 29 CFR § 570.61)
• MOTION PICTURE (FILM) PROJECTIONIST. Exception, 17 year old minor may work as apprentice of a motion picture projectionist. (34 Pa. Code § 11.45)
• MOTOR VEHICLE: Driving a motor vehicle and being an outside helper on public roads/highways, in or about any mine, in or about excavation operations, and around sawmill/logging operations. Exception for occasional driving for licensed 17 year olds with state approved driver education course, if vehicle does not exceed 6,000 pounds and has restraining
device, driving is during daylight, within 30 mile radius of employer, and limited to 2 trips per day away from employer location. May not drive for urgent, time-sensitive transporting and deliveries, including pizza delivery, may not tow, drive route deliveries/sales, may not provide transportation for hire of property/goods/passengers, limit of three passengers. Outside helper
is any individual other than driver, whose work includes riding on a motor vehicle outside the cab for purpose of assisting in transporting/delivering goods. (29 CFR § 570.52)
• PAINT, ACIDS, AND POISON MANUFACTURER: In any capacity in the manufacture of paint, color or white-lead, poisonous dyes, or compositions using dangerous lead or acids. (Child Labor
Act, § 4(a)(3))
• ROOFER: All occupations.* (34 Pa. Code § 11.63; 29 CFR § 570.67)
• SPRAY COATER: Spray coating with substances containing lead, benzol or ground siliceous material.* (34 Pa. Code § 11.58)
• WELDER: Acetylene or electric welding.* (34 Pa. Code § 11.33)
• WOODWORKING: Using power-driven woodworking machines, including supervising/controlling operation of machines, feeding/assisting with feeding materials into
machines; setting up, adjusting, repairing, oiling or cleaning power-driven woodworking machines, off-bearing from circular saws and guillotine-action veneer clippers.* Exception, 16-17 year olds may place material on moving chain/hopper for automatic feeding. (34 Pa. Code § 11.46; 29 CFR § 570.55)
• WRECKING AND/OR DEMOLITION WORKER: All occupations, including shipbreaking. (34
Pa. Code § 11.64, 29 CFR § 570.33) All minors are also prohibited from working:
• IN ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES ARE PRODUCED, SOLD OR
DISPENSED: Except in part of establishment where alcohol is not served, or hotels, clubs, or restaurants where alcohol is served and the establishment has a Sunday sales license issued by
the Liquor Control Board, and minor is serving food, clearing tables and/or related duties, but minor may not serve or dispense alcohol. Performing arts students engaged in uncompensated exhibitions may perform at a licensed establishment, under proper supervision in accordance with the Liquor Code. (Child Labor Act, § 4(a)(1))
• ON MACHINERY: Including repairing, cleaning or oiling machinery in motion (34 Pa. Code § 11.46; 29 CFR § 570.65), and operating or assisting in the operation of the following: emery wheels,** metal plate bending (34 Pa. Code §§ 11.51. 11.55), forming, punching, hammering,
bending, rolling and shearing machines* (29 CFR § 570.59), punch presses** (34 Pa. Code § 11.49, 29 CFR § 570.59), wire-stitching, stapling machines* (34 Pa. Code §§ 11.34, 11.46, 29 CFR § 570.59), circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs.* (29 CFR § 570.65)
• ON BAKING MACHINERY: Operating, assisting, setting up, adjusting, repairing, oiling or cleaning dough/batter mixer, bread dividing, rounding or molding machine, dough brake, dough sheeter, bread slicer/wrapper machine or cake cutting band saw, and setting up/adjusting
cookie or cracker machine. Except for 16 and 17 year olds setting up, adjusting, repairing, oiling and cleaning lightweight, small capacity, portable counter-top power-driven food mixers comparable to models intended for household use. Except for 16 and 17 year olds operating pizza-dough rollers constructed with safeguards to prevent fingers, hands, clothing from being
caught on the in–running point of rollers, which have completely enclosed gears, and have microswitches that disengage machinery if the backs/sides of rollers removed. Exception does not apply to setting up, adjusting, repairing, oiling or cleaning of pizza-dough rollers. (29 CFR § 570.62; 34 Pa. Code § 11.47)
• IN METAL INDUSTRIES: Working in rolling mills* (34 Pa. Code § 11.37; 29 CFR § 570.59), handling bull ladles (34 Pa. Code § 11.56) and working around furnaces. (34 Pa. Code § 11.53)
• IN MINES: Dangerous occupations in or around any mine, including all work performed in any underground working, open-pit, or surface part of any coal-mining plant, that contribute to the
extraction, grading, cleaning or other handling of coal. Exceptions for 16-17 year olds: slate/refuse picking at picking table/chute in a tipple or breaker at a coal mine, work in office or repair/maintenance shops on the surface. For other mines all occupations prohibited, except may work in above-ground office, warehouse, supply house, change house, laboratory,
repair/maintenance shops, in living quarters, outside mine in surveying, repair/maintenance of roads, general clean-up, track crew work for sections of railroad track when mining activities not being performed, work in or about surface placer mining operations other than place dredging operations and hydraulic placer mining operations. At metal mills other than in mercury-
recovery mills or mills using cyanide process may operate jigs, sludge tables flotation cells, drier-filters, may perform hand-sorting at picking table/belt, general clean up. (29 CFR § 570.60) Exception, 14 and 15 year old minors may work in office and perform clerical duties.
(29 CFR § 570.34) • IN QUARRIES: Most occupations, including drilling, shot firing or assisting in loading or
tamping holes, face cleaning, attaching blocks to chains for cable hoisting, assisting/operating steam, air or electric shovels. (34 Pa. Code § 11.37
• IN THE PRINTING AND PAPER INDUSTRY: Operating or assisting with balers, compactors, and power-driven paper-products machines. Operating power driven paper cutters, circular or band saws, corner cutter/mitering machine, corrugating and single/double facing machine,
envelope die-cutting press, guillotine paper cutter/shearer, horizontal bar scorer, laminating/combing machine, sheeting machine, scrap paper baler, paper box compactor, vertical slotter, platen die-cutting press, platen printing press, punch press involving hand feeding of machine, operating or assisting with any compactor designed or used to process
materials other than paper.* Exception for 16 and 17 year olds loading materials into scrap paper balers and paper box compacter which cannot be operated while being loaded, machine must meet applicable ANSI standard, there is an on-off switch with key-lock or other system and control maintained by employee over 18, on-off switch in off position when machine not in
operation and employer posted notice. (29 CFR § 570.63.) • AROUND RADIOACTIVE SUBSTANCES: In all occupations involving exposure to radioactive
substances,*** or ionizing radiation.*** (34 Pa. Code § 11.62; 29 CFR § 570.57)
• ON RAILROADS AND RAILWAYS: Section hand (34 Pa. Code § 11.41), track repairing, gate-tending, switch-tending, brakeman, fireman, engineer, motorman, or conductor. (Child Labor Act, § 4(a)(1))
• ON RIVETS: Heating and passing rivets, except for 16 and 17 year old minors 10 feet or less
from ground or on a scaffold equipped with guardrails and board in accordance with Chapter 47, Subchapter G (34 Pa. Code §§ 47.221 et seq). (34 Pa. Code § 11.52)
• IN TANNERIES: All occupations in the tanning process. (34 Pa. Code § 11.40)
* EXCEPT APPRENTICES, STUDENT LEARNERS, AND GRADUATES OF AN APPROVED VOCATIONAL, TECHNICAL OR INDUSTRIAL EDUCATION CURRICULUM WHICH PREPARED THEM FOR EMPLOYMENT IN THE SPECIFIC OCCUPATION.
** EXCEPT APPRENTICES, STUDENT LEARNERS, LABORATORY STUDENT AIDES AND GRADUATES OF AN APPROVED VOCATIONAL, TECHNICAL OR INDUSTRIAL EDUCATION CURRICULUM WHICH PREPARED THEM FOR EMPLOYMENT IN THE SPECIFIC OCCUPATION. *** EXCEPT LABORATORY STUDENT AIDES AND GRADUATES OF AN APPROVED VOCATIONAL,
TECHNICAL OR INDUSTRIAL EDUCATION CURRICULUM WHICH PREPARED THEM FOR EMPLOYMENT
IN THE SPECIFIC OCCUPATION.”
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
From which hazardous occupations (HO) of the Fair Labor Standards Act
are student-learners provided with an exemption?
“Hazardous Occupations Orders Nos. 5, 8, 10, 12, 14, 16, and 17 contain exemptions for 16- and
17-year-old apprentices and student-learners provided they are employed under the following conditions:
Apprentices:
1. the apprentice is employed in a craft recognized as an apprenticeable trade; 2. the work of the apprentice in the occupations declared particularly hazardous is incidental to
his or her training; 3. such work is intermittent and for short periods of time and is under the direct and close
supervision of a journeyman as a necessary part of such apprentice training; and
4. the apprentice is registered by the Bureau of Apprenticeship and Training of the U. S. Department of Labor as employed in accordance with the standards established by that Bureau, or is registered by a state agency as employed in accordance with the standards of the state apprenticeship agency recognized by the Bureau of Apprenticeship and Training, or
is employed under a written apprenticeship agreement and conditions which are found by the Secretary of Labor to conform substantially with such federal or state standards.
Student-Learners:
1. the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school; and
2. such student-learner is employed under a written agreement which provides: a. that the work of the student-learner in the occupations declared particularly
hazardous shall be incidental to the training,
b. that such work shall be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person,
c. that safety instruction shall be given by the school and correlated by the employer with on-the-job training, and
d. that a schedule of organized and progressive work processes to be performed on the job shall have been prepared.
Each such written agreement shall contain the name of the student-learner, and shall be signed by the employer and the school coordinator or principal. Copies of each agreement shall be kept on file by both the school and the employer. This exemption for the employment of student-learners may
be revoked in any individual situation where it is found that reasonable precautions have not been observed for the safety of minors employed thereunder.
A high school graduate may be employed in an occupation in which training has been completed as provided in this paragraph as a student-learner, even though the youth is not yet 18 years of age.
Although the regulations do not provide definitions of the terms intermittent and short periods of time, the Wage and Hour Division interprets those terms to mean that an apprentice or student-
learner may not be the principal operator of prohibited machinery. He or she must work under the close supervision of a fully qualified and experienced adult, such as a journeyman. Further, the duties assigned the minor may not be such that he or she is constantly operating the prohibited
machinery during the work shift, but only doing so as part of the training experience. This would preclude an apprentice or student-learner from being a production worker, responsible for spending a significant portion of the workday operating prohibited machinery or performing prohibited tasks. The Wage and Hour Division considers the continuous performance of otherwise prohibited work
that exceeds one hour a day to be more than intermittent and more than for short periods of time.
The Wage and Hour Division also considers the performance of otherwise prohibited work which totals more than 20% of the student-learner’s work shift to be more than for short periods of time.
The regulations do not define the term direct and close supervision. The Wage and Hour Division’s
interpretation of direct and close supervision as it applies to apprentices and student-learners is
based on guidance received from the Bureau of Apprenticeship and Training (BAT) which is part of
the U. S. Department of Labor’s Employment and Training Administration. BAT establishes ratios
governing the number of journeymen and apprentices that may be employed on the job site in
order to ensure worker safety and that the apprentices receive both proper training and
supervision. BAT has advised the Wage and Hour Division that the most widely used ratio is one
apprentice for the first journeyman on-site, and one apprentice for every three additional
journeymen thereafter. The Wage and Hour Division considers the requirement of direct and close
supervision to be met when there is one journeyman or experienced adult working with the first
apprentice/student-learner on-site, and at least three journeymen or experienced adults working
alongside each additional apprentice/student-learner. Of course, the requirement for direct and
close supervision applies only during the periods when the apprentice/student-learner is actually
performing work that would otherwise be prohibited by the HO.”
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
From which prohibited occupations of the Pennsylvania Child Labor Act are
student-learners provided with an exception?
“A minor may be employed in a work experience and career exploration program, an apprenticeship program and a school-to-work program to the extent permitted by regulations promulgated under this act and not prohibited by the Fair Labor Standards Act.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
Under specified criteria, student learners may be employed in these CLA prohibited occupations which include:
• Electrical Worker • Excavator • Meat Processing • Roofer
• Spray Coater • Welder • Woodworking • On (specified) Machinery (details will be provided in the Hazardous Orders section below )
• In Metal Industries • In the Printing and Paper Industry
Hazardous Orders/Prohibited Occupations The U.S. Department of Labor has published the following chart which identifies more stringent changes to the FLSA Hazardous Orders exemptions.
“ CHILD LABOR FINAL RULE, NONAGRICULTURAL EMPLOYMENT
16- AND 17-YEAR-OLDS—MAJOR CHANGES
CURRENT RULE Hazardous Occupations 29 CFR Part 570, Subpart E Prior to July 19, 2010
FINAL RULE
Hazardous Occupations 29 CFR Part 570, Subpart E Effective on July 19, 2010
HO 4 (Logging and Sawmilling)—Currently bans most work in logging and in the operation of a
sawmill.
HO 4 Expands prohibitions to include most work in: forest fire fighting; forest fire prevention that
is performed in conjunction with extinguishing an actual fire; forestry services, including forest economics and marketing; and timber tract management. Also incorporates into the HO the
provisions of FLSA section 13(c)(7), which allows certain youths to work, under specified conditions, inside and outside of businesses that use power-driven equipment to process wood
products.
HO 7 (Power-Driven Hoisting Equipment)—
Prohibit minors from operating power-driven hoisting devices such as cranes, derricks, hoists, high-lift trucks, manlifts, and freight elevators.
HO 7 Expands current hazardous order to
prohibit youth from tending, riding upon, working from, repairing, servicing, or disassembling an elevator, crane, derrick, manlift, hoist, or high-lift truck. Expands
definition of high-lift trucks to include backhoes, front-end loaders, skid loaders, skid-steer loaders, Bobcat loaders, and stacking trucks.
Expands definition of manlift to prohibit use of truck- or equipment-mounted aerial platforms known as scissor lifts, boom-type mobile elevating work platforms, work assist vehicles,
cherry pickers, basket hoists, and bucket trucks. Removes previous exception that allowed youth to operate certain hoists of less than one ton
capacity.
HO 10 (Meat Processing and Power-Driven Meat Processing Machines)—Currently prohibits
employment in slaughtering, meat processing, and rendering occupations. Also prohibits the operation of most power-driven meat
processing equipment, such as meat slicers, in all types of establishments.
HO 10 Expands the prohibitions to include work in poultry slaughtering establishments as well as
in establishments that manufacture or process meat or poultry products. Clarifies that minors under 18 may not clean power-driven meat
processing equipment, or the parts of such equipment, even when the equipment is assembled and disassembled by an adult. “
Source: http://www.voced.iup.edu/pcea/Resources/Major%20Changes%20in%20Non-Agricultural%20Employment.pdf
More detailed information is provided below for the hazardous orders under the FLSA and the prohibited occupations under the PA CLA for which an exemption applies for student-learners OR for which an exception applies for 16 and 17 year old minors.
FLSA (Order No. 2) Motor Vehicle Occupations
“The occupations of motor-vehicle driver and outside helper on any public road, highway, in or about any mine (including open pit mine or quarry), place where logging or sawmill operations are
in progress, or in any excavation of the type identified in 29 CFR 570.68 (a) are prohibited for minors between 16 and 18 years of age except that 17-year-olds may drive automobiles and trucks on an incidental and occasional basis if all of the criteria listed in the following exemption are met.
Limited exemption from HO 2 for 17 year old employees:
Seventeen-year-olds, but no one under 17 years of age, may drive automobiles and trucks on public roads as part of their employment on an occasional and incidental basis if all the following requirements are met:
• the automobile or truck does not exceed 6,000 pounds gross vehicle weight; • the driving is limited to daylight hours; • the 17-year-old holds a State license valid for the type of driving involved;
• the 17-year-old has successfully completed a State-approved driver education course and has no record of any moving violations at the time of hire;
• the automobile or truck is equipped with a seat belt for the driver and any passengers and
the employer has instructed the youth that the seat belts must be used when driving the vehicle;
• the driving may not involve: o towing vehicles;
o route deliveries or route sales; o transportation for hire of property, goods, or passengers; o urgent, time-sensitive deliveries;
o transporting more than three passengers, including employees of the employer; o driving beyond a 30 mile radius from the youth's place of employment; o more than two trips away from the primary place of employment in any single day to
deliver the employer’s goods to a customer (other than urgent, time-sensitive
deliveries which are prohibited); o more than two trips away from the primary place of employment in any single day to
transport passengers, other than employees of the employer
Definitions
1. The term "motor vehicle" shall mean any automobile, truck, truck-tractor, trailer, semitrailer, motorcycle, or similar vehicle propelled or drawn by mechanical power and designed for use as a
means of transportation but shall not include any vehicle operated exclusively on rails.
2. The term "driver" shall mean any individual who, in the course of employment, drives a motor vehicle at any time.
3. The term "outside helper" shall mean any individual, other than a driver, whose work includes
riding on a motor vehicle outside the cab for the purpose of assisting in transporting or
delivering goods.
4. The term "gross vehicle weight" includes the truck chassis with lubricants, water, and full tank or tanks of fuel, plus the weight of the cab or drivers compartment, body, and special chassis
and body equipment, and payload.
5. The term urgent, time-sensitive deliveries shall mean trips which, because of such factors as customer satisfaction, the rapid deterioration of the quality or change in temperature of the product, and/or economic incentives, are subject to timelines, schedules, and/or turnaround
times which might impel the driver to hurry in the completion of the delivery. Prohibited trips would include, but are not limited to, the delivery of pizzas and prepared foods to the customer;
the delivery of materials under a deadline (such as deposits to a bank at closing); and the shuttling of passengers to and from transportation depots to meet transport schedules. Urgent,
time-sensitive deliveries do not depend on the delivery's points of origin and termination, and include the delivery of people and things to the employer’s place of business as well as from that business to some other location.
6. The term occasional and incidental shall mean no more than one-third of the 17-year-old
driver’s worktime in any workday and no more than 20 percent of the 17-year-old driver’s worktime in any workweek.
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA Motor Vehicle
“Driving a motor vehicle and being an outside helper on public roads/highways, in or about any mine, in or about excavation operations, and around sawmill/logging operations. Exception for occasional driving for licensed 17 year olds with state approved driver education course, if vehicle does not exceed 6,000 pounds and has restraining device, driving is during daylight, within 30 mile
radius of employer, and limited to 2 trips per day away from employer location. May not drive for urgent, time-sensitive transporting and deliveries, including pizza delivery, may not tow, drive route deliveries/sales, may not provide transportation for hire of property/goods/passengers, limit of three passengers. Outside helper is any individual other than driver, whose work includes riding on
a motor vehicle outside the cab for purpose of assisting in transporting/delivering goods. (29 CFR § 570.52)”
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
FLSA (Order No. 5) Power Driven Woodworking Machine Operation
The following occupations involved in the operation of power-driven woodworking machines are prohibited:
1. The occupation of operating power-driven woodworking machines including supervising or
controlling the operation of such machines, feeding material into such machines, and helping the operator to feed material into such machines, but not including the placing of material on a moving chain or in a hopper or slide for automatic feeding.
2. The occupations of setting up, adjusting, repairing, oiling, or cleaning power-driven
woodworking machines.
3. The operations of off bearing from circular saws and from guillotine-action veneer clippers.
Definitions
1. The term "power-driven woodworking machines" shall mean all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling, pressing, or printing wood or veneer.
2. The term "off bearing" shall mean the removal of material or refuse directly from a saw table or
from the point of operation. Operations not considered as off bearing within the intent of this section include:
a. the removal of material or refuse from a circular saw or guillotine-action veneer clipper
where the material or refuse has been conveyed away from the saw table or point of
operation by a gravity chute or by some mechanical means such as a moving belt or expulsion roller, and
b. the following operations when they do not involve the removal of material or refuse
directly from a saw table or from a point of operation: the carrying, moving, or transporting of materials from one machine to another or from one part of a plant to another; the piling, stacking, or arranging of materials for feeding into a machine by another person; and the sorting, tying, bundling, or loading of materials.
Exemptions
The exemption for student-learners and apprentices applies to HO 5.
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA Woodworking
“Using power-driven woodworking machines, including supervising/controlling operation of machines, feeding/assisting with feeding materials into machines; setting up, adjusting, repairing,
oiling or cleaning power-driven woodworking machines, off-bearing from circular saws and guillotine-action veneer clippers.* Exception, 16-17 year olds may place material on moving chain/hopper for automatic feeding. (34 Pa. Code § 11.46; 29 CFR § 570.55)
PA Regulation 11.46 Woodworking Machinery
“Employment of minors under 18 years of age on power-driven woodworking machines is prohibited except for apprentices, student learners and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the specific occupation.
Employment on power-driven woodworking machinery includes the following:
1. The occupation of operating power-driven wood working machines, including supervising or controlling the operation of such machines, feeding material into such machines and helping the
operator to feed material into such machines but no including the placing of material on a moving chain or in a hopper or slide for automatic feeding.
2. The occupations of setting up, adjusting, repairing, oiling or cleaning power-driven woodworking
machines.
3. The operations of off bearing from circular saws and from guillotine-action veneer clippers.
Definitions
1. The term "power-driven woodworking machines" shall mean all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing,
stapling, wire stitching, fastening or otherwise assembling, pressing or printing wood or veneer.
2. The term "off bearing" shall mean the removal of material for refuse directly from a saw table or
from the point of operation. Operations not considered as off-bearing within the intent of this section include the following:
a. The removal of material or refuse from a circular saw or guillotine-action veneer clipper
where the material or refuse has been conveyed away from the saw table or point of operation by a gravity chute or by some mechanical means such as a moving belt or expulsion roller.
b. The following operations when they do not involve the removal of material or refuse directly from a saw table or from a point of operation: The carrying, moving or transporting of materials from one machine to another or from one part of a plant to
another. The piling, stacking or arranging of materials for feeding into a machine by another person. The sorting, tying, bundling or loading of materials.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
FLSA (Order No. 7) Power-Driven Hoisting Apparatus Occupations
The following occupations involved in the operation of power-driven hoisting apparatus are prohibited:
1. Work of operating an elevator, crane, derrick, hoist, or highlift truck (including a forklift), except
operating an unattended automatic elevator or an electric or air-operated hoist not exceeding one ton capacity.
2. Work which involves riding on a manlift or on a freight elevator, except a freight elevator
operated by an assigned operator. 3. Work of assisting in the operation of a crane, derrick, or hoist performed by crane hookers,
crane chasers, hookers-on, riggers, rigger helpers, and like occupations
Exemption
This section shall not prohibit the operation of an automatic elevator and an automatic signal operation elevator provided that the exposed portion of the car interior (exclusive of vents and other necessary small openings), the car door, and the hoistway doors are constructed of solid
surfaces without any opening through which a part of the body may extend; all hoistway openings at floor level have doors which are interlocked with the car door so as to prevent the car from starting until all such doors are closed and locked; the elevator (other than hydraulic elevators) is equipped with a device which will stop and hold the car in case of overspeed or if the cable slackens
or breaks; and the elevator is equipped with upper and lower travel limit devices which will normally bring the car to rest at either terminal and a final limit switch which will prevent the movement in either direction and will open in case of excessive overtravel by the car.”
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA ELEVATOR OPERATOR
“ Operating, managing (34 Pa. Code § 11.32), tending, riding upon, working from, repairing, servicing or disassembling passenger or freight elevators, hoisting or lifting machinery. (34 Pa. Code § 11.32, 29 CFR § 570.58) Exception: riding inside unattended automatic operation passenger
elevator, and 16 and 17 year old minors may ride upon a freight elevator operated by an assigned operator. (29 CFR § 570.58.)”
PA Regulation 11.32 Operation of Elevators
Employment of minors under 18 years of age as operators or managers of passenger or freight elevators, or other hoisting or lifting machinery is prohibited.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
U.S. Department of Labor requirements regarding the use of power-driven resident lifts
U.S. Department of Labor Wage and Hours Division (WHD) Field Assistance Bulletin 2011-3 “details the circumstances under which 16‐ and 17‐year olds will be permitted to assist in the operation of
power‐driven resident lifts. Specifically, the WHD states that it will exercise enforcement discretion
and not assert child labor violations involving 16‐ and 17‐year olds who assist a trained adult worker
in the operation of floor based vertical powered resident lifts, ceiling‐mounted vertical powered lifts
and sit‐to- stand lifts, only when ALL of the following six conditions are met:
1. The teen has successfully completed the 75 clock hours of nurse aide training required by the
Federal Nursing Home Reform Act (or a higher state standard where applicable) AND has
successfully completed the nurse aide competency evaluation detailed in 42 C.F.R. § 483.154 (or a higher state standard where applicable).
2. The teen is not operating by himself or herself the lifting device AND the teen is assisting in the
use of the device as a junior member of at least a 2‐person team that is headed by an employee
who is at least 18 years of age. All members of the team must be trained in the safe operation of the lifting device(s) being used.
3. The teen may: a. set up, move, position and secure unoccupied lifting devices; b. assist trained adult employees in attaching slings to, and un‐attaching slings from lifting
devices prior to and after the lift/transfer of the resident is completed; c. assist the trained adult employees in operating the controls that activate the power to
lift/transfer the resident; and d. act as a spotter/observer and may position items such as a chair, wheelchair, bed or
commode under the resident who is being lifted/transferred.
4. The teen may not Independently engage in “hands on” physical contact with the resident during
the lifting/transferring process (such as placing or removing the sling, including pushing or pulling the sling under/around the resident; adjusting the sling under/around the resident; and manipulating the resident when placing, adjusting or removing a sling)—the teen, however, may assist in these “hands on” activities when assisting a trained adult employee who is
manipulating, guiding, rotating, or otherwise maneuvering the resident during the lift/transfer. The teen may similarly assist a trained adult employee who is pushing, pulling or rotating lifting devices when the device is engaged in the process of lifting/transferring a resident.
5. The teen is not injured while operating or assisting in the operation of a lifting device. In the
event of an injury, the employer will be subject to the assessment of child labor civil monetary penalties as permitted by Section 16(e)(1) of the Fair Labor Standards Act.
6. The employer has provided to the teen employee a copy of the document that is attached to the
Bulletin as Attachment A.
As previously stated in a memorandum dated October 22, 2010, the operation of mechanical lifts is one of the 17 hazardous occupations in which student learners are not an exception under the Child Labor Law, Regulations Governing the Employment of Minors in Industry. This said if the career and
technical education program has equipment to teach students the proper technique for operating a mechanical lift, the students are permitted to operate the equipment under the supervision of an instructor. However, in the clinical environment and cooperative education setting, student learners are prohibited from operating mechanical lifts even if it is incidental to the training on location.
A NATCEP instructor should continue to demonstrate procedures, such as: Transferring a Client from a Bed to A Wheel Chair Using a Mechanical Lift. If this procedure is demonstrated at the
clinical site using their mechanical device, a mannequin or volunteer student, 18 years of age or older, could assume the role of the resident for demonstration purposes; however, 16 and 17‐year
old nurse aide students are prohibited from re‐demonstrating this procedure or any other procedure
that incorporates the use of a mechanical lift.
Source:
http://www.portal.state.pa.us/portal/server.pt/document/1244609/na_mechanicalliftmemo_pdf
FLSA (Order No. 8) Power-Driven Metal Forming, Punching, and Shearing
Machine Occupations
The following occupations are prohibited:
1. The occupations of operator of or helper on the following power-driven metal forming, punching, and shearing machines:
a. All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls; and hot or cold rolling mills.
b. All pressing or punching machines, such as punch presses except those provided with
full automatic feed and ejection and with a fixed barrier guard to prevent the hands or fingers of the operator from entering the area between the dies; power presses; and plate punches.
c. All bending machines, such as apron brakes and press brakes.
d. All hammering machines such as drop hammers and power hammers.
e. All shearing machines, such as guillotine or squaring shears; alligator shears; and
rotary shears.
2. The occupations of setting up, adjusting, repairing oiling, or cleaning these machines including those with automatic feed and ejection.
Definitions
1. The term "operator" shall mean a person who operates a machine covered by this Order by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in operation of the
machine.
2. The term "helper" shall mean a person who assists in the operation of a machine covered by
this Order by helping place materials into or removing them from the machine.
3. The term "forming, punching, and shearing machines" shall mean power-driven metal-working machines, other than machine tools, which change the shape of or cut metal by
means of tools, such as dies, rolls, or knives which are mounted on rams, plungers, or other moving parts. Types of forming, punching and shearing machines enumerated in this section are the machines to which the designation is by custom applied.
4. The term machine tools shall mean power-driven complete metalworking machines having
one or more tool- or work-holding devices and used for progressively removing metal in the form of “chips.” Since the HO does not apply to machine tools, the 18-year minimum age does not apply. The following is a list of common machine tools
MILLING FUNCTION MACHINES
• Horizontal Milling Machines • Vertical Milling Machines
• Universal Milling Machines • Planer-type Milling Machines • Gear Hobbing Machines
• Profilers • Routers
TURNING FUNCTION MACHINES
• Engine Lathes • Turret Lathes • Hollow Spindle Lathes
• Automatic Lathes • Automatic Screw Machines
PLANING FUNCTION MACHINES
• Planers • Shapers • Slotters
• Broaches • Keycasters • Hack Saws
GRINDING FUNCTION MACHINES
• Grinders • Abrasive Wheels
• Abrasive Belts • Abrasive Disks • Abrasive Points
• Polishing Wheels • Buffing Wheels • Stroppers • Lapping Machines
BORING FUNCTION MACHINES
• Vertical Boring Mills
• Horizontal Boring Mills • Jig Borers • Pedestal Drills • Radial Drills
• Gang Drills • Upright Drills • Drill Press, etc.
• Centering Machines • Reamers • Honers
Exemptions
The exemption for student-learners and apprentices applies to HO 8.
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA On Machinery
“On Machinery: Including repairing, cleaning or oiling machinery in motion (34 Pa. Code § 11.46; 29 CFR § 570.65), and operating or assisting in the operation of the following: emery wheels,** metal
plate bending (34 Pa. Code §§ 11.51. 11.55), forming, punching, hammering, bending, rolling and shearing machines* (29 CFR § 570.59), punch presses** (34 Pa. Code § 11.49, 29 CFR § 570.59), wire-stitching, stapling machines* (34 Pa. Code §§ 11.34, 11.46, 29 CFR § 570.59), circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting
discs.* (29 CFR § 570.65)”
PA Regulation 11.49. Punch presses
(a) Prohibition. Employment of minors under 18 years of age on punch presses is prohibited except for apprentices, student learners, laboratory student aides and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the specific occupation.
(b) Manufacture of artificial foliage. Machines which are used in the manufacture of artificial foliage and are of such a character that the action of the machine would be stopped by contact of the hand
are not considered to be within the application of subsection (a).
PA Regulation 11.51. Emery wheels.
Employment of minors under 18 years of age in the use or operation of emery wheels is prohibited except for apprentices, student learners, laboratory student aides and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the
specific occupation.
PA Regulation 11.55. Metal plate-bending machines.
Employment of minors under 18 years of age on metal plate-bending machines operated by power is prohibited except for apprentices, student learners and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the specific
occupation.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
FLSA (Order No. 10) Occupations Involving Slaughtering, Meat-Packing or
processing, or Rendering
The following occupations in retail establishments, wholesale establishments, service establishments, slaughtering and meatpacking establishments, or rendering plants are prohibited:
1. All occupations involved in the operation or feeding of the following power-driven machines,
including setting up, adjusting, repairing, oiling, or cleaning such machines, regardless of the product being processed by these machines (including, for example, the slicing in a retail
delicatessen of meat, poultry, seafood, bread, vegetables, or cheese, etc.): meat slicers, meat patty forming machines, meat and bone cutting saws, knives (except bacon-slicing machines.
The term bacon slicing machine as used in this HO refers to those machines which are designed
solely for the purpose of slicing bacon and are equipped with enclosure or barrier guards that prevent the operator from coming in contact with the blade or blades, and with devices for automatic feeding, slicing, shingling, stacking, and conveying the sliced bacon away from the
point of operation. ∗
).
2. All occupations involved in the operation or feeding of the following power-driven machines,
including settingup, adjusting, repairing, oiling, or cleaning such machines, regardless of the product being processed by these machines: headsplitters, and guillotine cutters; snoutpullers
and jawpullers; skinning machines; horizontal rotary washing machines; casing-cleaning machines; and presses (except belly-rolling machines).
3. All boning operations. 4. All operations on the killing floor, in curing cellars, and in hide cellars, except the work of
messengers, runners, handtruckers, and similar occupations which require entering such
workrooms or workplaces infrequently and for short periods of time.
5. All occupations involved in the recovery of lard and oils, except packaging and shipping of such
products and the operations of lard-roll machines.
6. All occupations involved in tankage or rendering of dead animals, animal offal, animal fats, scrap meats, blood, and bones into stockfeeds, tallow, inedible greases, fertilizer ingredients, and
similar products.
7. All occupations that involve the pushing or dropping of any suspended carcass, half-carcass, or quarter-carcass of beef.
8. All occupations involving hand-lifting or hand-carrying any carcass or half-carcass of beef, pork,
or horse, or any quarter-carcass of beef or horse.
Definitions
1. The term "slaughtering and meat-packing establishments" shall mean places in or about which cattle, calves, hogs, sheep, lambs, goats, or horses are killed, butchered, or processed. The
term shall also include establishments which manufacture or process meat products or sausage casings form such animals.
2. The term "rendering plants" shall mean establishments engaged in the conversion of dead scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.
3. The term "killing floor" shall include that workroom or workplace where cattle, calves, hogs, sheep, lambs, goats, or horses are immobilized, shackled, or killed, and the carcasses are
dressed prior to chilling.
4. The term "curing cellar" shall include that workroom or workplace which is primarily devoted to the preservation and flavoring of meat by curing materials. It does not include that workroom or workplace where meats are smoked.
5. The term "hide cellar" shall include that workroom or workplace where hides are graded, trimmed, salted, and otherwise cured.
6. The term "boning occupations" shall mean the removal of bones from meat cuts. It shall not include work that involves cutting, scraping, or trimming meat from cuts containing bones.
Exemptions
The exemption for student-learners and apprentices applies to HO 10.
HO 10 shall not apply to the killing and processing of poultry, rabbits, or small game in areas physically separated from the killing floor.
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA MEAT PROCESSING
“Operation of power driven food chopping, meat grinding, slicing or processing machines, and any occupation on the killing floor, in curing/hide cellars. Except for 16 and 17 year old minors working as messengers, runners, and hand truckers, which require entering such workrooms infrequently
and for short periods of time. All occupations in recovery of lard and oils, except packaging and shipping, all occupations involved in tankage or rendering of dead animals; boning, pushing or dropping of any suspended full, half or quarter carcass; hand lifting or hand carrying any full, half or quarter carcass of beef, horse, or buffalo; and, any hand lifting or hand carrying of full or half
deer or pork carcass. Killing and processing of rabbits and small game in areas physically separated from killing floor permitted for 16 and 17 year olds. (34 Pa. Code § 11.65, 29 CFR § 570.61)”
PA. Regulation 11.57 Food chopping and meat-grinding machines
Employment of minors under 18 years of age on power-driving food-chopping, meat-grinding, slicing or processing machines is prohibited, except for apprentices, student learners and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the specific occupations.
PA. Regulation 11.65 Meat packing industry
Employment in any of the following occupations of minors under 18 years of age in or about slaughtering or meat packing establishments and rendering plants, except those engaged solely in the killing or processing of poultry, rabbits or small game and except for apprentices and student learners and graduates of an approved vocational, technical, or industrial education curriculum which prepared them for employment in the specific occupation, is prohibited:
1. All occupations on the killing floor, in curing cellars and in hide cellars, except the work of messengers, runners, hand truckers and similar occupations which require entering such workrooms or workplaces infrequently and for short periods of time.
2. All occupations involved in the recovering of lard and oils, except for operation of lard-roll machine and occupations in the packaging and shipment of such product.
3. All occupations involved in tankage or inedible rendering of dead animals, animal offal, animal fats, scrap meats, blood and bones into stock feeds, tallow, inedible greases, fertilizer
ingredients, and the like. 4. All occupations involved in the operation of feeding of the following power-driven meat
processing machines, including the occupations of setting up, adjusting, repairing, oiling or cleaning such machines; meat and bone cutting saws, knives, headsplitters and guillotine
cutters snout pullers and jaw-pullers; skinning machines, horizontal rotary washing machines; casing-cleaning machines such as crushing, stripping, and finishing machines; grinding, mixing, chipping and hashing machines; and presses, except belly-rolling machines.
5. All boning occupations, except cutting, scraping and trimming meat from cuts containing bones. 6. All occupations that involve the pushing or dropping of any suspended carcass, half carcass or
quarter carcass. 7. All occupation that involve the handlifting or handcarrying of any beef, pork or horse carcass,
half carcass of the same, or any beef or horse quarter carcass.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
FLSA (Order No. 11) Power-Driven Bakery Machine Occupations
The following occupations involved in the operation of power-driven bakery machines are prohibited:
1. The occupations of operating, assisting to operate, or setting up, adjusting, repairing, oiling, or
cleaning any horizontal or vertical dough mixer, batter mixer, bread dividing, rounding, or molding machine; dough brake; dough sheeter, combination bread slicing and wrapping machine; or cake cutting band saw.
2. The occupation of setting up or adjusting a cookie or cracker machine.
HO 11 prohibits minors from operating any vertical or horizontal mixer (including countertop models) when used to mix dough, batter, and items such as vegetables, meat mixtures and other heavier products that require the use of the same strength or design of agitators, whips, or beaters
as those used to mix dough or batter. HO 11 does not prohibit minors from using such equipment to mix lighter fare such as meringues and light icings when the agitators or whips being used are designed solely for such use.
This Order does not apply to the following list of bakery machines, which may be operated by 16 and 17-year-old minors:
INGREDIENT PREPARATION AND MIXING
• Flour-sifting Machine Operator
• Flour–blending Machine Operator • Sack-cleaning Machine Operator
PRODUCT FORMING AND SHAPING
• Roll-dividing Machine Operator • Roll-making Machine Operator • Batter-sealing Machine Operator
• Deposition Machine Operator • Cookie or Cracker Machine Operator • Wafer Machine Operator • Pretzel-stick Machine Operator
• Pie-dough Sealing Machine Operator • Pie-dough Sealing Machine Operator • Pie-dough Rolling Machine Operator • Pie-crimping Machine Operator
FINISHING AND ICING
• Depositing Machine Operator
• Enrobing Machine Operator • Spray Machine Operator • Icing Mixing Machine Operator
SLICING AND WRAPPING
• Roll Slicing and Wrapping Machine Operator • Cake Wrapping Machine Operator • Carton Packing and Sealing Machine Operator
PAN WASHING
• Spray-type Pan Washing Machine Operator • Tumbler-type Pan Washing Machine Operator
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA On Baking Machinery
“Operating, assisting, setting up, adjusting, repairing, oiling or cleaning dough/batter mixer, bread dividing, rounding or molding machine, dough brake, dough sheeter, bread slicer/wrapper machine or cake cutting band saw, and setting up/adjusting cookie or cracker machine. Except for 16 and 17
year olds setting up, adjusting, repairing, oiling and cleaning lightweight, small capacity, portable counter-top power-driven food mixers comparable to models intended for household use. Except for 16 and 17 year olds operating pizza-dough rollers constructed with safeguards to prevent fingers, hands, clothing from being caught on the in–running point of rollers, which have completely
enclosed gears, and have microswitches that disengage machinery if the backs/sides of rollers removed. Exception does not apply to setting up, adjusting, repairing, oiling or cleaning of pizza-dough rollers. (29 CFR § 570.62; 34 Pa. Code § 11.47)”
PA. Regulation 11:47 Mixing machines in bakeries.
Employment of minors under 18 years of age at operating mixing machines in bakeries is prohibited
except for apprentices, student learners and graduates of an approved vocational, technical or
industrial education curriculum which prepared them for employment in the specific occupation.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
FLSA (Order No. 12) Power-Driven Paper-Products Machine Occupations
The following occupations are prohibited:
1. The occupations of opening or assisting to operate any of the following power-driven paper-products machines:
a. Arm-type wirestitcher or stapler, circular or band saw, corner cutter or mitering machine,
corrugation and single- or double-facing machine, envelope die-cutting press, guillotine
paper cutter or shear, horizontal bar scorer, lamination or combining machine, sheeting machine, scrap-paper baler, or vertical slotter.
b. Platen die cutting press, platen printing presses, or punch press which involves hand
feeding of the machine.
2. The occupations of setting up, adjusting, repairing, oiling or cleaning these machines including those which do not involve hand feeding.
Definitions
1. The term "operating or assisting to operate" shall mean all work which involves starting or
stopping a machine covered by this Order, placing materials into or removing them from the machine, or any other work directly involved in operating the machine.
2. The term "paper-products machine" shall mean power-driven machines used in the
remanufacture or conversion of paper or pulp into a finished product. The term is understood to apply to such machines whether they are used in establishments that manufacture converted paper pulp products, or in any other type of manufacturing or non-manufacturing establishment.
Exemptions
1. The exemption for student-learners and apprentices applies to HO 12.
Since enactment of the Compactors and Balers Safety Standards Modernization Act, Public Law 104-174 (August 6, 1996), the FLSA has contained an exemption which allows 16- and 17-year-old employees to load, but not operate or unload, certain scrap paper balers and paper box compactors
if all of the following conditions are met:
a. the scrap paper balers meet the American National Standard Institute’s (ANSI) Standard
ANSI Z245.5-1990 and the paper box compactors meet the American National Standard
Institute’s Standard ANSI Z245.2-1992;*
b. the scrap paper balers and paper box compactors include an on-off switch incorporating a
key-lock or other system and the control of the system is maintained in the custody of
employees who are 18 years of age or older;
c. the on-off switch of the scrap paper balers and paper box compactors is maintained in an
off position when the equipment is not in operation; and
d. the employer provides notice and posts notice on each scrap paper baler and each paper
box compactor that 16- and 17-year-olds will be loading which states: -the equipment
meets the specific ANSI Standard mentioned above, or a more recent applicable ANSI
Standard that the Secretary of Labor has certified as being as protective of minors as
those listed above – Note: the specific standard must be listed on the notice in its entirety;
-Sixteen- and 17-year-old employees may only load the scrap paper baler and paper box compactor; and
-any employee under the age of 18 may not operate or unload the scrap paper baler and
paper box compactor. ∗∗
* The FLSA also allows the equipment to meet more recent ANSI standards that the Secretary of Labor has certified to be at least as protective of the safety of minors as the Standards listed
above.
**There is no prescribed format for the notice but it must contain all the information as stated in subparagraph 2e. Posting a notice will satisfy the requirement that employers also provide notice.
Note: There are many machines not covered by HO 12. The most important of these machines are
the following:
Bag Machine; Bagmaking Machine; Bottoming Machine (Bags); Boxmaking Machine (Collapsible Boxes); Bundling Machine; Calendar Roll and Plating Machines; Cigarette Carton Opener and Tax Stamping Machine Clasp Machine; Counting, Stacking and Ejecting Machine; Corner Stayer
Covering, Lining, or Wrapping Machines (Setup Boxes); Creping Machine; Dornbusch Machine (Wallpaper); Ending Machine (Setup Boxes); Envelope Machine Folding Machine; Gluing, Scaling, or Gumming Machine; Interfolding Machine; Jogging Machine; Lacer Machine; Parchmentizing, Waxing, or Coating Machines; Partition Assembling Machine; Paper Cut
Machine; Quadruple Stayer; Rewinder; Rotary Printing Press; Ruling Machine; Slitting Machine; Straw Winder; Stripping Machine; Taping Machine; Tubecutting Machine; Tubewinder Tube Machine (Paper Bags); Window Patch Machine; Wire- or Tag-stringing Machine
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA In the Printing or Paper Industry
“Operating or assisting with balers, compactors, and power-driven paper-products machines.
Operating power driven paper cutters, circular or band saws, corner cutter/mitering machine,
corrugating and single/double facing machine, envelope die-cutting press, guillotine paper
cutter/shearer, horizontal bar scorer, laminating/combing machine, sheeting machine, scrap paper
baler, paper box compactor, vertical slotter, platen die-cutting press, platen printing press, punch
press involving hand feeding of machine, operating or assisting with any compactor designed or
used to process materials other than paper.* Exception for 16 and 17 year olds loading materials
into scrap paper balers and paper box compacter which cannot be operated while being loaded,
machine must meet applicable ANSI standard, there is an on-off switch with key-lock or other
system and control maintained by employee over 18, on-off switch in off position when machine not
in operation and employer posted notice. (29 CFR § 570.63.)”
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
FLSA (Order No. 14) Occupations involved in the Operation of Power-
Driven Circular Saws, Band Saws, and Guillotine Shears
The following occupations are prohibited:
1. The occupation of operator of or helper on the following power-driven fixed or portable machines except for machines equipped with full automatic feed and ejection:
a. Circular saws.
b. Band saws. c. Guillotine shears.
2. The occupations of setting up, adjusting, repairing, oiling, or cleaning circular saws, band saws,
and guillotine shears.
Definitions
1. The term "operator" shall mean a person who operates a machine covered by this order by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in operation of the machine.
2. The term "helper" shall mean a person who assists in the operation of a machine covered by this
Order by helping place materials into or removing them from the machine.
3. The term "machine equipped with full automatic feed and ejection" shall mean machines covered by this Order which are equipped with devices for full automatic feeding and ejection and with a fixed barrier guard to prevent completely the operator or helper from placing any
part of his body in the point -of-operation area.
4. The term "circular saw" shall mean a machine equipped with a thin steel disc having a continuous series of notches or teeth on the periphery mounted on shafting, and used for
sawing materials.
5. The term "band saw" shall mean a machine equipped with an endless steel band having a
continuous series of notches or teeth, running over wheels or pulleys, and used for sawing materials.
6. The term "guillotine shear" shall mean a machine equipped with a movable blade operated
vertically and used to shear materials. The term shall not include other types of shearing machines, using a different form of shearing action, such as alligator shears or circular shears.
Exemptions
The exemption for student-learners and apprentices applies to HO 14.
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA Woodworking
“Using power-driven woodworking machines, including supervising/controlling operation of machines, feeding/assisting with feeding materials into machines; setting up, adjusting, repairing, oiling or cleaning power-driven woodworking machines, off-bearing from circular saws and
guillotine-action veneer clippers.* Exception, 16-17 year olds may place material on moving chain/hopper for automatic feeding. (34 Pa. Code § 11.46; 29 CFR § 570.55)”
PA Regulation 11.46 Woodworking machinery.
(a) Employment of minors under 18 years of age on power-driven woodworking machinery is prohibited except for apprentices, student learners and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the specific occupation.
Employment on power-driven woodworking machinery includes the following:
1. The occupation of operating power-driven woodworking machines, including supervising or controlling the operation of such machines, feeding material into such machines and helping the operator to feed material into such machines but not including the placing of material on a moving chain or in a hopper or slide for automatic feeding.
2. The occupations of setting up, adjusting, repairing, oiling or cleaning power-driven
woodworking machines.
3. The operations of off bearing from circular saws and from guillotine-action veneer clippers.
(b) The term "power driven woodworking machines" shall mean all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening or otherwise assembling, pressing or printing wood or veneer.
(c) The term "off bearing" shall mean the removal of material or refuse directly from a saw table or from the point of operation. Operations not considered as off bearing within the intent of this section include the following:
(1) The removal of material or refuse from a circular saw or guillotine-action veneer clipper where the material or refuse has been conveyed away from the saw table or point of operations by a gravity chute or by some mechanical means such as a moving felt or expulsion roller.
(2) The following operations when they do not involve the removal of material or refuse directly from a saw table or from a point of operation:
(i) The carrying, moving or transporting of materials from one machine to another or from
one part of a plant to another. (ii) The piling, stacking or arranging of materials for feeding into a machine by another person.
(iii) The sorting, tying, bundling or loading of materials.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
FLSA (Order No. 16) Occupations in Roofing Operations
All occupations in roofing operations are prohibited.
Exemption
The exemption for student-learners and apprentices applies to HO 16.
Definitions
The term roofing operations shall mean all work performed in connection with the application of weatherproofing materials and substances (such as tar or pitch, asphalt prepared paper, tile, slate metal, translucent materials, and shingles of asbestos, asphalt or wood) to roofs of buildings or
other structures. The term shall also include all work performed in connection with: -the installation of roofs, including related metalwork such as flashing, and
-alterations, additions, maintenance, and repair, including painting and coating, of existing roofs.
The term shall not include gutter and downspout work; the construction of the sheathing or base of
roofs; or the installation of television antennas, air conditioners, exhaust and ventilating equipment, or similar appliances attached to roofs.
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA Roofing Occupations
All Roofing occupations are prohibited with the following exception.
PA. 11.63. Roofing Operations.
Employment of minors under 18 years of age in all occupations in roofing operations is prohibited, except for apprentices, student learners and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the specific occupation.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
FLSA (Order No. 17) Occupations in Excavation Operations
The following occupations in excavation operations are prohibited:
1. Excavating, working in, or backfilling (refilling) trenches, except manually excavating or manually backfilling trenches that do not exceed four feet in depth at any point, or working in
trenches that do not exceed four feet in depth at any point. 2. Excavating for building or other structures or working in such excavations, except manually
excavating to a depth not exceeding four feet below any ground surface adjoining the
excavation, or working in an excavation not exceeding such depth, or working in an excavation where the side walls are shored or sloped to the angle of repose.
3. Working within tunnels prior to the completion of all driving and shoring operations. 4. Working within shafts prior to the completion of all sinking and shoring operations.
Exemptions
The exemption for student-learners and apprentices applies to HO 17.
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
PA CLA EXCAVATOR “Working within tunnels, shafts prior to completion of all driving, sinking and shoring operations and trenches more than four feet in depth.* (34 Pa. Code § 11.66, 29 CFR § 570.68)”
11.66. Excavating operations.
Employment of minors under 18 years of age in any of the following occupations involving excavating operations is prohibited except for apprentices, student learners and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the specific occupation:
(1) Excavating, working in or backfilling trenches except for manually excavating or manually backfilling trenches that do not exceed 4 feet in depth at any point or working in trenches that do not exceed 4 feed in depth at any point.
(2) Excavating for buildings or other structures or working in such excavations, except for manually excavating to a depth not exceeding 4 feet below any ground surface adjoining the excavation,
working in an excavation not exceeding such depth, or working in an excavation where the side walls are shored or sloped to the angle or repose.
(3) Working within tunnels prior to the completion of all driving and shoring operations.
(4) Working within shafts prior to the completion of all sinking and shoring operations.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
Other occupations for which an exception is offered under the PA CLA
Electrical work.
“Employment of minors under 18 years of age at installing and removing electric light and power
meters, and doing inside wiring is prohibited, except for apprentices, student learners and graduates of an approved vocational, technical or industrial education curriculum which prepared them for employment in the specific occupation, and minors between the ages of 16 and 18 who are
acting as assistants to trained electricians or electrical engineers over 21 years of age. This exception however, only applies to work on voltages up to and including 220 volts.” Spray coating operations.
“No minor under 18 years of age may be permitted to spray-coat objects with any substances containing lead, benzol or ground siliceous materials except for apprentices, student learners and graduates of an approved vocational, technical or industrial education curriculum which prepared
them for employment in the specific occupation.” Welding
“Employment of minors under 18 years of age at acetylene or electric welding is prohibited except
for apprentices, student learners and graduates of an approved vocational, technical, or industrial education curriculum which prepared them for employment in the specific occupation.”
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
What penalties might an employer incur for violating the Fair Labor Standards Act?
Penalties for Violation
Civil Money Penalties
Employers may be subject to a civil money penalty of up to $11,000 for each employee who is the subject of a child labor violation. When a child labor civil money penalty is assessed against an
employer, the employer has the right, within 15 days after receipt of the notice of such penalty, to file an exception to the determination that the violation or violations of the child labor provisions occurred. When such an exception is filed with the office making the assessment, the matter is referred to the Chief Administrative Law Judge, and a formal hearing is scheduled. At such a
hearing, the employer may, or an attorney retained by the employer may, present such witnesses, introduce such evidence and establish such facts as the employer believes will support the exception. The determination of the amount of any civil money penalty becomes final if no
exception is taken to the administrative assessment thereof, or if an exception if filed pursuant to the decision and order of the administrative law judge. Hot Goods Injunction
The FLSA authorizes the Department of Labor to seek injunctions to halt interstate commerce of
goods tainted by “oppressive child labor.” Section 12(a)(29 U.S.C. 212(a)) prohibits interstate
commerce in such “hot” goods, stating that “[n]o producer, manufacturer, or dealer shall ship or
deliver for shipment in commerce any goods produced in an establishment in the United States in or
about which within 30 days prior to the removal of such goods therefrom any oppressive child labor
[as defined in section 3(l), 29 U.S.C. 203(l)] has been employed.” It is not necessary for the
employees to be working on the goods that are removed for shipment in order for those goods to be
considered “hot goods.”
Injunction to Compel Compliance
The FLSA authorizes the Department of Labor to seek injunctions against violators of the child labor provisions to compel their compliance with the law. Further violations could result in sanctions against such persons for contempt of court.
Criminal Sanctions
The FLSA also provides, in the case of willful violation, for a fine up to $10,000; or, for a second offense committed after the conviction of such person for a similar offense, for a fine of not more than $10,000 or imprisonment for not more than 6 months, or both.
Source: http://www.dol.gov/whd/regs/compliance/childlabor101.pdf
What penalties might an employer incur for violating the PA CLA? “(a) Violations.--
(1) A person may not do any of the following: (i) Violate this act.
(ii) Interfere with the functions of an enforcement officer. (iii) Compel or permit a minor to violate this act. (iv) Fail to provide records under sections 8(d) or 10(b).
(v) Falsify records under this act. (vi) Violate the terms of any permit issued under section 5.
(b) Criminal penalties.-- (1) Except as set forth under paragraph (2), a person that violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to pay a fine of $500 for each violation. (2) A person that, after being sentenced under paragraph (1), violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,500 for each
violation or to imprisonment for not more than ten days, or both. (c) Administrative penalties.--
(1) Except as set forth under subsection (d), the department may impose an administrative
penalty of not more than $5,000 for each violation of subsection (a). (2) The department may order a person to take a corrective action which the department deems necessary to address a violation of this act. (3) This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
(4) The department may not impose a penalty under this subsection if a person has been sentenced under subsection (b) for an offense arising out of the same conduct which would give rise to a penalty under this subsection.
(d) Multiple prosecution.--Imposition of a criminal, civil or administrative penalty under the Fair
Labor Standards Act shall bar prosecution under subsection (a) and imposition of a criminal penalty
under subsection (b) or an administrative penalty under subsection (c) if the same conduct
constitutes the basis of the Federal action and the basis of the prosecution under subsection (a) or
the administrative penalty under subsection (b).”
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.stat
e.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGaz
hR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
Additional Information
Inquiries about the Fair Labor Standards Act or any other law administered by the Wage and Hour Division may be addressed to any local office of the Wage and Hour Division. Additional information
is available on our Home Page located at http://www.wagehour.dol.gov/. To locate the Wage and Hour Division office nearest to you, telephone our toll-free information and helpline at 1-866-4US-WAGE (1-866-487-9243): a customer service representative is available to assist you with referral
information from 8am to 5pm in your own time zone; or log onto the nationwide listing of Wage-Hour District Offices located at: http://www.dol.gov/esa/contacts/whd/ america2.htm.
For further information on the Child Labor Act, please consult the Department of Labor & Industry’s website at www.dli.state.pa.us and click on “Labor Law Compliance.”
Address inquiries and complaints to one of the offices of the Bureau of Labor Law Compliance: Altoona District Office
1130 12th Ave. Suite 200 Altoona, PA 16601
814-940-6224 or 877-792-8198
Harrisburg District Office
1301 Labor & Industry Building 651 Boas St. Harrisburg, PA 17121
717-787-4671 or 800-932-0665
Philadelphia District Office
110 North 8th St. Suite 203 Philadelphia, PA 19107
215-560-1858 or 877-817-9497
What are the PA CLA regulations regarding student employment as a sports-attendant?
“Sports-attendant services.
(a) General rule.--Section 3(d)(1), (2) and (3) shall not apply to an individual 14 through 15 years of age and section 3(f)(1), and (2) shall not apply to an individual 16 through 17 years of age, if the
minor is employed to perform sports-attendant services at professional sporting events under this section. (b) Sports-attendant duties.--A minor is employed to perform sports-attendant duties if the minor
performs any of the following duties at a baseball, basketball, football, soccer, tennis or similar athletic event:
(1) Pregame and postgame or practice setup of balls, items and equipment.
(2) Supplying and retrieving balls, items and equipment during a sporting event. (3) Clearing the field or court of debris and moisture during play. (4) Providing ice, drinks and towels to players during play. (5) Running errands for trainers, managers, coaches and players before, during and after a
sporting event. (6) Returning or storing balls, items and equipment in clubhouse or locker rooms after a sporting event.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
What are the PA CLA regulations regarding minors serving in volunteer
emergency service organizations? “Minors serving in volunteer emergency service organizations. (a) General rule.--An individual who is 14 years of age or older who is a member of a volunteer emergency service organization may participate in training and emergency service activities except as follows:
(1) A minor may not operate a truck, ambulance or other official fire vehicle. (2) A minor may not operate an aerial ladder, aerial platform or hydraulic jack. (3) A minor may not use rubber electrical gloves, insulated wire gloves, insulated wire cutters,
life nets or acetylene cutting units. (4) A minor may not operate the pump of a fire vehicle while at the scene of a fire. (5) A minor may not enter a burning structure under any circumstance including a training exercise.
(6) A minor may not engage in firefighting activities unless all of the following apply: (i) The minor is 16 years of age or older. (ii) The minor has successfully completed a course of training equal to the standards for basic firefighting established by the State Fire Commissioner and the Department of
Conservation and Natural Resources. (iii) The minor is under the direct supervision and control of the fire chief, an experienced line officer or a designated forest fire warden.
(b) Additional limitations.--In addition to the limitations set forth under subsection (a), the activities of individuals more than 13 years of age and less than 16 years of age shall be further limited as follows:
(1) An individual who is more than 13 years of age and less than 16 years of age shall only be
permitted to perform the following activities: (i) Training. (ii) First aid.
(iii) Cleanup service at the scene of a fire, outside the structure and after the fire has been declared by the fire official in charge to be under control. (iv) Serving food and beverages.
An individual who is more than 13 years of age and less than 16 years of age may not do any of
the following: (i) Operate high pressure hose lines except during training activities. A high pressure hose line is any water hose used for fire suppression with a pressure greater than 150 psi, any air hose with a pressure greater than 100 psi and any hydraulic hose used for rescue tools with
a pressure greater than 1,000 psi. (ii) Ascend ladders except during training activities.
(c) Other prohibited activities.--The department may prohibit other activities that it deems hazardous to the health of minors through regulation. (d) Other provisions.--
(1) Except as set forth under this subsection, this section does not supersede any other provision of this act or any regulation promulgated under this act. (2) A minor may continue serving in answer to a fire call until excused by the individual acting
as chief of the fire company if the minor: (i) is 16 years of age or older; (ii) is a member of a volunteer fire company; and (iii) answers a fire call while lawfully employed.
(3) An individual who is 14 or 15 years of age may engage in training or firefighting activities permitted under this section until 10 p.m. before a school day if the minor:
(i) is a member of a volunteer fire company; and (ii) has the written consent of the minor's parent or legal guardian.”
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
What are Pennsylvania Child Labor Act requirements for minors employed in Entertainment? Child Labor Act Hours Rules for Performances By Minors
This summary is for general information, and is not to be considered in the same light as official statements contained in the Act or its regulations.
Age Max. hours (24-hour period) at place
of employment (does not include
hours at minors’ residences
Max. work hours (24-hour period)
(including work time at minors’ residences)
Infants < 6 mos.
2 Not Applicable
6 mos.—1
year
4 2
2—5 years 6 3 6—8 8 4 9—15 9 5
16—17 10 6
• Live performances—maximum number: three/day or 10/calendar week (Sunday—Saturday). • Meal periods of half hour—one hour are not counted toward maximum hours/non-work time at
place of employment. • Non-work time at place of employment includes education, rest and recreation. • Work days for minors may not begin before 5 a.m., and must end by 10 p.m. on evenings
preceding school days or by 12:30 a.m. on evenings preceding non-school days.
• 12 hours must elapse between time of dismissal and time of call on the following day. • Age 14—17 may work during school hours with permission from school authorities for up to two • Consecutive days, but may not work in excess of eight hours in 24-hour period. • Performances rules do not apply to minors who have graduated from high school or who are
exempt from compulsory attendance under the Public School Code.
Source:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.state.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D439051%26mode%3D2&ei=04mvUYasCsbl0gHWwYDoDw&usg=AFQjCNGCttKh4mMIMbHLVAESn30OxW5f7A&bvm=bv.47380653,d.dmQ
Prohibited Occupations for all Minors in Entertainment
• An acrobatic act that is hazardous to the minor’s safety or well-being, including high-wire or trapeze acts, working with partners hand to hand or head to head, and bicycle or unicycle acts. (Child Labor Act, §§ 5(b)(4)(iv), 5(k), 34 Pa. Code § 11.1)
• Use of/or exposure to dangerous weapons or pyrotechnical devises. (Child Labor Act, §
5(b)(4)(v)) • Activities that have a high level of inherent danger including activities involving speed, height, a
high level of physical exertion and highly specialized gear or spectacular stunts. (Child Labor
Act, § 5(b)(4)(iii))
• An act that constitutes sexual abuse or sexual exploitation of minors. (Child Labor Act, § 5(b)(4)(i))
• Boxing, sparring or wrestling, except for a bona fide athletic or recognized amateur competition or activity or non-contact portrayal. (Child Labor Act, § 5(b)(4)(ii))
• Assisting performers in animal act, conducting an animal into a ring or on stage, or riding an animal when the animal exceeds half the weight of the child performer. This paragraph shall not
necessarily apply to performances with trained seals. (34 Pa. Code § 11.1) Employment of minors in a performance.
(a) General rule.--For purposes of this section, a minor is engaged in a performance if: (1) The minor models or renders artistic or creative expression in a live performance, on the radio, on television, in a movie, over the Internet, in a publication or via any other broadcast
medium that may be transmitted to an audience and any person receives remuneration for the performance. Rehearsal for this activity is part of the performance. (2) The minor participates in a reality or documentary program that expressly depends upon the minor's participation, the minor's participation is substantial and any person receives
remuneration for the minor's participation. For the purposes of this subsection: (i) Remuneration shall include one or more monetary payments, but shall not include reimbursement for expenses incurred by the minor or the minor's family, any prize or goods
or services received in connection with the program with a value of less than $2,500. (ii) "Substantial" shall mean the minor is a principal subject of the reality or documentary program or the minor participates in the filming of the reality or documentary program for ten or more days in a 30-day period.
(b) Requirements.--No minor may engage in a performance without an entertainment permit issued by the department. A minor may engage in a performance if the minor has an entertainment permit from the department for the length of the performance as provided for in subsection (c) and the
following requirements are satisfied: (1) The performance is not hazardous to the minor's safety or well-being. (2) The minor's work hours do not exceed those permissible under subsection (d).
(3) For live productions, the minor does not appear in more than three performances in a single day or ten performances in a single calendar week. For purposes of this paragraph, a calendar week shall be Sunday to Saturday. (4) The performance does not involve:
(i) an act that constitutes sexual abuse or sexual exploitation of minors; (ii) boxing, sparring or wrestling, except for a bona fide school-related athletic or recognized amateur competition or activity or noncontact portrayal;
(iii) activities having a high level of inherent danger including activities involving speed, height, a high level of physical exertion and highly specialized gear or spectacular stunts; (iv) an acrobatic act that is hazardous to the minor's safety or well-being; (v) use of or exposure to a dangerous weapon or pyrotechnical device;
(vi) a hazardous performance, act or exhibition as defined by the department. The department shall publish a list in the Pennsylvania Bulletin which shall constitute prohibited hazardous performances, acts or exhibitions under this section, provided that the department, within three years of such publication, promulgate a regulation setting forth
hazardous performances, acts or exhibitions; or (vii) in any occupation designated as hazardous and otherwise prohibited under the Fair Labor Standards Act.
(5) A parent or guardian of a minor is permitted to be within sight or sound of the minor at all times
(c) Entertainment permits.--The following shall apply:
(1) An entertainment permit shall be valid for up to six months and may be renewed under this subsection. (2) The department may charge a fee for each entertainment permit which shall be set through
regulation.
(3) An application for an entertainment permit shall: (i) be made on a form issued by the department and signed by the employer of the minor, if
known, and the parent or legal guardian of the minor; (ii) contain a statement that the facts as set forth in the application are correct subject to the provisions of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities); (iii) state the legal and professional name of the minor, the date and place of the minor's
birth, the name and permanent address of a parent or guardian of the minor, the name of the minor's parent or representative of the parent who will accompany the minor to rehearsals and performances, whether the minor has performed in other states requiring a permit or certificate to perform and whether the permit or certificate was obtained;
(iv) for infants under the age of one month, include written certification from a licensed physician that the infant is physically capable of handling the requirements of the performance;
(v) set forth, for all performances during school hours, accurate information regarding: (A) the name and address of the school attended and of the school district where the minor resides; (B) the grade the minor has completed in school;
(C) the hours per week the minor attends school; and (D) a verification signed by the principal of the school attended by the minor or the issuing officer of the minor's school district that the performance and rehearsals will not
interfere with the educational instruction or school progress of the minor or a guarantee that arrangements are made for a qualified tutor for the minor. If the minor is to be tutored, the application shall set forth the name and address of the tutor, whether the tutor is a certified teacher, the name and address of the school official approving the
subjects for tutoring and the tutoring arrangements and the number of hours per week the minor is to be tutored; and
(vi) provide any additional requirements set by the department through regulation. (4) An appeal of a decision by the department under this subsection must be made to the
secretary. The secretary shall hold a hearing on the appeal. (5) The work permit requirements of section 9 do not apply to the issuance of permits under this section.
(6) The department may require by regulation employers employing minors in performances to obtain permits and may charge a fee for such permits. (7) The department may waive any or all requirements in this section, with the exception of paragraph (3)(iv) for a performance of one day or less. The department shall indicate any
waiver by any written means of communication, including, but not limited to, facsimile or e-mail. (d) Working hours for child performers.--The amount of time minors are permitted at the place of
employment within a 24-hour period is limited according to age, as follows: (1) Infants who have not reached six months of age may be permitted to remain at the place of employment for a maximum of two hours. (2) Minors who have reached the age of six months of age but who have not attained two years
of age may be permitted at the place of employment for a maximum of four hours and may work no more than two hours. (3) Minors who have reached two years of age but who have not attained six years of age may be permitted at the place of employment for a maximum of six hours and may work no more
than three hours. (4) Minors who have reached six years of age but who have not attained nine years of age may be permitted at the place of employment for eight hours and may work no more than four
hours. (5) Minors who have reached nine years of age but who have not attained sixteen years of age may be permitted at the place of employment for nine hours and may not work more than five hours.
(6) Minors who have reached sixteen years of age but who have not attained eighteen years of age may be permitted at the place of employment for ten hours and may not work more than six hours.
(7) When any minor between 14 and 18 years of age obtains permission from school authorities to work during school hours for a period not to exceed two consecutive days, the working hours
for such minor during either or both of such days may be extended to but shall not exceed eight hours in a 24-hour period. (8) Allowable meal periods shall not be counted toward maximum hours permitted at the place of employment nor counted as work time for any purpose. A meal period shall not be less than
one-half hour nor more than one hour in length. (9) For minors of school age who have not fulfilled compulsory education requirements and who have a work schedule that requires education while employed as provided in subsection (g), the nonwork time at the place of employment shall include education, rest and recreation.
(10) The work day for a minor shall begin no earlier than 5 a.m. and shall end no later than 10 p.m. on evenings preceding school days. On evenings preceding non-school days, the minor's work day shall end no later than 12:30 a.m. on the morning of the non-school day.
(11) Twelve hours must elapse between the minor's time of dismissal and time of call on the following day. If the minor's regular school starts less than 12 hours after his or her dismissal time, the minor must be schooled the following day at the employer's place of business. (12) With respect to any minor providing services at the minor's residence, this section shall not
govern or limit the number of hours the minor is present at the residence, but shall instead apply solely to the hours the minor is providing such services.
(e) Child performer trust account.-- (1) An irrevocable child performer trust account or a qualified tuition program established and
maintained in accordance with section 529 of the Internal Revenue Code of 1086 (Public Law 99-154, 26 U.S.C. § 529) by this Commonwealth, another state, an agency or instrumentality of this Commonwealth or another state, or by one or more eligible educational institutions shall be established for a minor if the minor is entitled to receive residuals in accordance with a principal
agreement or earnings are anticipated to exceed $2,500 for the production or if the minor has already earned in excess of $2,500 in prior employment in performance. A child performer trust account established in another state shall meet the requirements of this subsection.
(2) All of the following govern the child performer trust account or qualified tuition program established under paragraph (1):
(i) The parent or legal guardian shall establish the account for the benefit of the minor. (ii) The parent or legal guardian shall provide to the employer the information necessary to
enable the employer to transfer funds into a child performer trust account or qualified tuition program. The information shall be provided on or before the start of paid employment. (iii) The employer shall transfer to the child performer trust account not less than 15% of:
(A) total compensation prior to all taxes, deductions and commissions payable to the minor or the minor's parent or guardian under contract; or (B) in the case of payment to a third party, total compensation paid to the third party for the minor's services.
(iv) In the case of employment for 30 days or less, the employer shall transfer the required
amount to the child performer trust account or qualified tuition program within 30 days of the final day of employment. Such transfer shall be made in accordance with 20 Pa.C.S. Ch. 53 (relating to Pennsylvania Uniform Transfers to Minors Act). (v) In the case of employment for longer than 30 days, the employer shall transfer the
required amount to the child performer trust account or qualified tuition program every payroll period. Such transfer shall be made in accordance with 20 Pa.C.S. Ch 53. (vi) If the minor's employer has not been notified within 15 days of commencement of
employment of the existence of a child performer trust account or a qualified tuition program or no such child performer trust account or tuition program has been established by the minor's parent or guardian, then the minor's employer shall transfer such moneys together with the minor's name and last known address to the State Treasurer for placement into a
child performer trust account for the benefit of the minor. (vii) Once the transfers have been made to the child performer trust account, tuition program or the State Treasurer's office, the employer has no further duty under this
subsection.
(viii) The employer's obligations under this subsection shall terminate when the minor reaches 18 years of age.
(ix) There shall be no obligations under this subsection where a minor is emancipated. (x) The minor's parent or legal guardian may serve as custodian. If the child performer trust account reaches at least $150,000 or a higher amount set by the department through regulation, a trust company or independent custodian shall be appointed.
(xi) Proceeds of the child performer trust account shall remain in trust until the minor
reaches at least 18 years of age. Proceeds may be distributed to the minor before 18 years
of age only for the minor's legitimate health and educational needs. Proceeds may remain in
trust for distribution to the minor after 18 years of age if the parent or guardian determines
that it would serve the health, education and financial interests of the minor.
(f) Education.--
(1) An employer employing, either directly or indirectly through a third person, a minor who is guaranteed three or more consecutive days of employment shall provide a teacher or properly qualified private tutor as set forth in the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, who has an instructional certificate issued by the Department of
Education, or a teacher with a comparable certificate in the state in which the minor resides. This requirement shall apply beginning on the first day that the minor renders services for that employer and shall continue on each day thereafter that the school of the minor's place of
residence is in session and the minor is rendering services. The requirements of this section shall only be applicable when school is in session and the minor is not receiving educational instruction at the minor's school of enrollment due to his employment. (2) In the event the minor is not guaranteed three or more consecutive days of employment, an
employer shall provide a teacher or properly qualified private tutor as set forth in the Public School Code of 1949 who has an instructional certificate issued by the Department of Education, or a teacher with a comparable certificate in the state in which the minor resides on the third
day of missed educational instruction through the remainder of the minor's employment on the production. (3) If there is a hiatus in a production that employs a minor under this section, a teacher or properly qualified private tutor shall be provided to the minor during the hiatus for periods when
school is in session, pursuant to the requirements described in this section, unless the minor is able to attend his school of enrollment. (4) Where this section requires that an employer provide a teacher or properly qualified private tutor to a minor, the employer shall provide a ratio of at least one teacher or properly qualified
private tutor for every ten minors unless the minors are within two grade levels, in which case the employer shall provide a ratio of at least one teacher or properly qualified private tutor for every 20 minors.
(5) School districts shall have the authority, in cooperation with the parent or guardian of the minor, to develop alternative methods by which minors may satisfy their educational requirements at times outside the normal school day. Alternative methods under this paragraph shall be no more restrictive than those set forth in this section.
(g) Waiver.--The department may waive one or more restrictions contained in this section,
including, but not limited to, subsection (b)(4)(iii), (iv) and (v), if the department determines the waiver is necessary to preserve the artistic integrity of the performance, will not impair the educational instruction, health or safety of the minor and written permission is obtained from the minor's parent or guardian. The waiver request shall be submitted in writing at least 48 hours in
advance of the time needed for the waiver and the department shall approve or reject the waiver.
(h) Foreign nationals.--In the case of a minor who is a foreign national temporarily in the United States and who will not be residing in this Commonwealth for more than 35 days in a calendar year, the requirements of subsections (e) and (f) shall not be applicable provided the employer certifies
that the minor has satisfied the educational requirements of the minor's country of citizenship or is being offered access to age-appropriate educational instruction and that the minor's earnings are
being paid to the minor or a third party in a manner that ensures conservation of the minor's earnings
(i) Conflict.--Nothing in this section shall be construed to supersede or repeal:
(1) any provision of this act, unless an entertainment permit is issued in accordance with this section; or
(2) 18 Pa.C.S. § 5903 (relating to obscene and other sexual materials and performances) or 6312 (relating to sexual abuse of children). (3) Any collective bargaining agreement or any contract that establishes more stringent requirements than those in this act.
(j) Revocation of permit.--The following shall apply:
(1) The department may revoke an entertainment permit if:
(i) there has been a violation of this act related to the employment of the minor in the performance; (ii) the permit application contained false, misleading or substantially incorrect information or the applicant or minor is no longer performing in accordance with the information
provided on the application; (iii) a condition of issuance of the permit is not being met; or (iv) there is danger to the minor's health, safety or welfare.
(2) The department may revoke a permit under this section without a prior hearing. Revocation may be appealed to the secretary, who shall conduct a hearing subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action). The revocation shall remain in
effect until the secretary issues a decision (k) Special entertainment permits.--The department may issue entertainment permits required by this section to minors who participate in professional acrobatic performances, irrespective of the
limitation in subsection (b)(4)(iv) if the following criteria are met: (1) The performance is part of a nationally recognized or internationally recognized circus. (2) Appropriate trained medical personnel are onsite at all performance times.
(3) The minor has a physician's statement of health issued within the previous 12 months. (4) The employer makes a professional teacher available to all minor performers. (5) The performances do not involve high-wire or trapeze acts.
(l) Applicability.--This section does not apply to a minor who: (1) is a high school graduate; or (2) is exempt from compulsory school attendance requirements under section 1330(1) of the
Public School Code of 1949.
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2
Minors employed in Agriculture
Child Labor Bulletin #102 This booklet is a guide to the provisions of the Fair Labor Standards Act
(also known as the Wage-Hour Law) which apply to minors employed in agriculture. In addition to child labor provisions, the Act also contains provisions on minimum wage, overtime, equal pay, and record keeping.
It is important to note that the child labor provisions of the Act apply to the agricultural employment of all children, migrant as well as local resident children.
Coverage of the Child Labor Provisions for Minors Employed in Agriculture
The Fair Labor Standards Act of 1938 (FLSA) establishes minimum ages for covered employment in
agriculture unless a specific exemption applies. Covered employment in agriculture includes employees whose occupations involve growing crops or raising livestock which will leave the State directly or indirectly through a buyer who will either ship them across State lines or process them as ingredients of other goods which will leave the State.
Employees covered include workers whom:
• Raise livestock, bees, fur-bearing animals, or poultry;
• Cultivate the soil, grow, or harvest crops; • Grow or harvest crops as employees of a contractor; • As employees of either the farmer or an independent contractor, do work on the farm which
is incidental to the farming operations of that farm (such as threshing grain grown on that
farm);
• As employees of the farmer, do work off the farm which is incidental to the farming
operations of the farm (such as delivering produce to market by truck).
The Federal Child Labor Provisions in Agriculture Do Not
• require minors to obtain “working papers” or “work permits,” though some States do;
• limit the number of hours or times of day (other than outside of school hours) that young farm workers may legally work, though a few States do.
Parental Exemption from the Agricultural Provisions of the FLSA
A child of any age may be employed by his or her parent or person standing in place of the parent at any time in any occupation on a farm owned or operated by that parent or person standing in
place of that parent. Minimum Age Standards for Agricultural Employment
16 Minors who are at least 16 years of age may perform any farm job, including agricultural occupations declared hazardous by the Secretary of Labor, at any time, including during school hours.
14 Minimum age for employment outside of school hours in any agricultural occupation except those declared hazardous by the Secretary of Labor.
12&13 May be employed outside of school & hours with written parental consent or on a farm where the minor’s parent or person standing in place of the parents is also employed.
School Hours and Employment in Agriculture
Minors under the age of 16 may not be employed during school hours unless employed by their parent or a person standing in place of their parent. The term school hours is defined as those set by the official calendar of the school district in which a minor is living while employed in agriculture. No exception may be made for the early release of individual children or any class or grade to work
in agriculture. Work before or after school hours, during weekends, or on other days that the school does not assemble is considered outside school hours. For example, if the school is in session from 9:00 a.m. until 3:00 p.m. in the school district where
the minor is living while working on a farm, the minor may work only before 9:00 a.m. or after 3:00 p.m. on school days. The requirement that minors be employed outside the school hours of the public school district in which the minor is living while employed in agriculture applies even if that
minor does not attend public school. These hours apply when the minor attends a private or parochial school, is home schooled, or has completed his or her formal education.
Record Keeping for Employment of Minors
Every employer (except a parent or person standing in the place of a parent employing one’s own child on a farm owned or operated by such parent or person) who employs any minor under 16 years of age in agriculture must maintain and preserve records containing the following data about each minor employed:
1. Name in full.
2. Place where the minor lives while employed. If the minor’s permanent address is elsewhere, both addresses should be given.
3. Date of birth.
4. Evidence in writing of any consent of the parent or person standing in place of the parent of the
minor, if consent is required.
Hazardous Occupations in Agriculture
The Secretary of Labor has found and declared that the following occupations in agriculture are hazardous for minors under 16 years of age. No minor under 16 may be employed at any time in these occupations except as exempt:
1. Operating a tractor over 20 PTO horsepower, or connecting or disconnecting an implement or
any of its parts to or from such a tractor.
2. Operating or assisting to operate (including starting, stopping, adjusting, feeding or any other activity involving physical contact associated with the operation) any of the following machines:
a. Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato
digger, or mobile pea viner;
b. Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a nongravity-type self-unloading wagon or trailer; or
c. Power post-hole digger, power post driver, or nonwalking-type rotary tiller.
3. Operating or assisting to operate (including starting, stopping, adjusting, feeding, or any other activity involving physical contact associated with the operation) any of the following machines:
a. Trencher or earthmoving equipment; b. Fork lift; c. Potato combine; or
d. Power-driven circular, band, or chain saw.
4. Working on a farm in a yard, pen, or stall occupied by a:
a. Bull, boar, or stud horse maintained for breeding purposes; or b. Sow with suckling pigs, or cow with newborn calf (with umbilical cord present).
5. Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than 6 inches.
6. Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees,
picking fruit, etc.) at a height of over 20 feet.
7. Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a
passenger or helper.
8. Working inside:
a. A fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere; b. An upright silo within 2 weeks after silage has been added or when a top unloading device is
in operating position; c. A manure pit;
d. A horizontal silo while operating a tractor for packing purposes.
9. Handling or applying (including cleaning or decontaminating equipment, disposal or return of
empty contaminating equipment, disposal or return of empty containers, or serving as a flagman for aircraft applying) agricultural chemicals classified under the Federal Insecticide, Fungicide, and Rodenticide Act (as amended by Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. 136 et seq.) as Toxicity Category I, identified by the word "Danger" and/or
"Poison" with skull and crossbones; or Toxicity Category II, identified by the word "Warning" on the label;
10. Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cord; or
11. Transporting, transferring, or applying anhydrous ammonia.
Exemptions from Hazardous Occupations Orders in Agriculture
These prohibitions on employment in hazardous occupations in agriculture do not apply to youths employed on farms owned or operated by their parents. In addition, the following limited exemptions from these prohibitions apply:
Student-Learners
Student-learners in a bona fide vocational agricultural program may work in the occupations listed in paragraph 1 through 6 of the hazardous occupations orders in agriculture under a written agreement which provides all of the following conditions:
1. The student-learner is enrolled in a course of study and training in a vocational education training program in agriculture under a recognized State or local educational authority or in a substantially similar program conducted by a private school.
2. Such student-learner is employed under a written agreement which provides:
a. that the work of the student-learner is incidental to the training;
b. that such work shall be intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person;
c. that safety instruction shall be given by the school and correlated by the employer with on-the-job training; and
d. that a schedule of organized and progressive work processes to be performed on the job shall have been prepared.
3. Each such written agreement shall contain the name of the student-learner, and shall be signed by the employer and by a person authorized to represent the educational authority or school.
Copies of each agreement shall be kept on file by both the employer and either the educational
authority or the school. This exemption for the employment of student-learners may be revoked in any individual situation if it is found that reasonable precautions have not been observed for the safety of minors employed thereunder. Although the regulations do not provide definitions of
the terms Intermittent and short periods of time, the Wage and Hour Division interprets those terms to mean that a student-learner may not be the principal operator of prohibited machinery. The minor must work under the close supervision of a fully qualified and experienced adult, such as a journeyman. Further, the duties assigned the minor may not be such that he or she is
constantly operating the prohibited machinery during the work shift, but only doing so as part of the training experience. This would preclude a student-learner from being a production worker, responsible for spending a significant portion of the workday operating prohibited machinery or performing prohibited tasks. The Wage and Hour Division considers the continuous performance
of otherwise prohibited work that exceeds one hour a day to be more than intermittent and more than for short periods of time. The Wage and Hour Division also considers the performance of otherwise prohibited work which totals more than 20% of the student-learner’s work shift to
be more than for short periods of time. The regulations do not define the term direct and close supervision. The Wage and Hour Division’s interpretation of direct and close supervision as it applies to student-learners is based on guidance pertaining to apprentices received from the Bureau of Apprenticeship and Training (BAT) which is part of the U. S. Department of Labor’s
Employment and Training Administration. BAT establishes ratios governing the number of journeymen and apprentices that may be employed on the job site in order to ensure worker safety and that the apprentices receive both proper training and first journeyman on-site, and
one apprentice for every three additional journeymen thereafter. The Wage and Hour Division considers the requirement of direct and close supervision to be met when there is one experienced adult working with the first student-learner on-site, and at least three experienced adults working alongside each additional student-learner. Of course, the requirement for direct
and close supervision applies only during the periods when the student-learner is actually performing work that would otherwise be prohibited by the HO/A.
4-H Federal Extension Service Training Program
Minors 14 and 15 years old who hold certificates of completion of either the tractor operation or
machine operation program may work in the occupations for which they have been trained. Occupations for which these certificates are valid are covered by items 1 and 2 of the hazardous
occupations order. Farmers employing minors who have completed this program must keep a copy of the certificates of completion on file with the minor’s records.
Enrollment in this program is open to minors who are not members of 4-H as well as 4-H members. Information on this program is available from an Extension Agent of the Cooperative Service of a land grant university.
Vocational Agriculture Training Program
Minors 14 and 15 years old who hold certificates of completion of either the tractor operation or
machine operation program of the U.S. Office of Education Vocational Agriculture Training Program may work in the occupations for which these certificates are valid are covered by items 1 and 2 of the hazardous occupations order. Farmers employing minors who have completed this program must keep a copy of the certificate of completion on file with the minor’s records.
Information on the Vocational Agriculture Training Program is available from vocational agriculture teachers.
Source: http://www.dol.gov/whd/regs/compliance/childlabor102.pdf
Seasonal Farm Labor Act of 1978, P.L. 537, No. 93
This Pennsylvania law establishes “minimum wages and provides for hours of labor of seasonal farm workers and requires certain records; providing for inspection of seasonal farm labor camps;
providing for the promulgation of rules and regulations; establishing rights of access and egress, providing penalties; and repealing certain acts.”
Cooperative Education Coordinators should review the act in its entirety when placing students in
agricultural positions. Key sections of the act are included below.
Section 203. Employment of minors
(a) No minor under 14 years of age shall be required to work, or penalized for failure to work, as a seasonal farm worker, except that this subsection shall not apply to any member of an employer's immediate family.
(b) Every minor from the ages of 14 to 17 years inclusive, who is employed or permitted to work as a seasonal farm worker, every employer of such minor, and every school district wherein such minor is so employed, shall be subject to the provisions of the act of May 13, 1915 (P.L. 286, No.
177), known as the "Child Labor Law," and to the provisions of the act of June 23, 1931 (P.L. 923, No. 309) (relating to child labor), except that no such minor shall be employed between the hours of seven o'clock in the morning and one hour following the end of the school day or any regular
school day of the school district wherein he is then a resident, whether or not such minor is registered as a pupil in such school district
Section 205. Records required; notice to workers.
(a) Every employer of seasonal farm labor and every farm labor contractor shall make, keep and preserve such records, including the Social Security number of the persons employed by him, or of the persons contracted for or recruited by him, or employed under his supervision, and of the
wages, hours, wage rate or rates, piece rate or rates, and other conditions and practices of employment maintained by him, and shall preserve such records for such periods of time, and shall make such reports therefrom as shall be required by Federal law or regulation, by Commonwealth law or regulation, and by the local taxing body. Such records shall include satisfactory evidence of
timely payment of wages, either by receipt signed or by check endorsed by the payee. (b) Every employer of seasonal farm labor shall furnish to each seasonal farm worker, at the time of payment of wages, salaries or other compensation for time, or labor, or work performed, a written
statement in such manner and in such form as may be prescribed by the Department of Revenue, showing the amount of compensation paid by the employer to the seasonal farm worker, the wage rate or rates, hours worked, piece rate or rates, and units of work performed if applicable, the
computation of gross compensation, the amounts deducted or withheld for every purpose, and such other information as the Department of Revenue shall prescribe.
Section 207. Hours of labor.
(a) No seasonal farm worker shall be required to work or be penalized for failure to work on any premises for more than six days in any one week, or more than 48 hours in any one week, or more than ten hours in any one day.
(b) Whenever any seasonal farm workers shall be employed or permitted to work on the premises of more than one employer in any one week or in any one day, the aggregate number of hours during which he shall be required to work on all such premises shall not exceed 48 in any one week
or ten in any one day.
(c) No seasonal farm worker shall be required to work for more than five hours continuously on any premises without a meal or rest period of at least 30 minutes, which period shall not be considered
a part of the hours of labor, and no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.
Source: http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438560&mode=2
Works Cited
Child Labor Provisions for Nonagricultural Occupations Under the Fair Labor Standards Act, U.S.
Department of Labor, Wage and Hour Division, Child Labor Bulletin 101,
http://www.dol.gov/whd/regs/compliance/childlabor101.pdf Child Labor Requirements in Agricultural Occupations Under the Fair Labor Standards Act, U.S.
Department of Labor, Employment Standards Administration, Wage and Hour Division, Child
Labor Bulletin 102, http://www.dol.gov/whd/regs/compliance/childlabor102.pdf Limited Participation Allowed for Operation of Power-Driven Lifts by 16- and 17- Year Olds, Memo
from Lee Burket, Director, Bureau of Career and Technical Education to Administrators/Coordinators of State-Approved Nurse Aide Training Programs, http://www.portal.state.pa.us/portal/server.pt/document/1244609/na_mechanicalliftmemo_pdf
PDE Notification to LEAs of Changes to Child Labor Law and the Online Availability of New Work Permits, Memo from Stephen Fisher, Director, School Services Office to All LEAs, http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.voced.iup.edu%2Fpcea%2FResources%2Fwork%2520permits.docx&ei=ioGvUdLQCrH64AOynY
D4Dg&usg=AFQjCNEEN4Pk2wVyPlA-xB3qbsUi2LF7Ew&bvm=bv.47380653,d.dmg Pennsylvania Department of Labor & Industry, Bureau of Labor Law Compliance, Abstract of the
Child Labor Act Hours Provisions, http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.state.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D439051%26mode%3D2&ei=04mvUYasCsbl0gHWwYDoDw&usg=AFQjCNGCttKh4mMIMbHLVAESn30OxW5f7A&bvm=bv.47380653,d.dmQ
Pennsylvania Department of Labor & Industry, Child Labor Act,
http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438548&mode=2 Pennsylvania Department of Labor and Industry, Prohibited Occupations Under the Child Labor Act,
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC0QFjAA&url=http%3A%2F%2Fwww.portal.state.pa.us%2Fportal%2Fserver.pt%3Fopen%3D18%26objID%3D1317803%26mode%3D2&ei=uYOvUbmTCMnl4AOm14CgBw&usg=AFQjCNGazhR2y-UGz0d-HbFG1TFvqA-tBA&bvm=bv.47380653,d.dmg
Seasonal Farm Labor Act,
http://www.portal.state.pa.us/portal/server.pt?open=18&objID=438560&mode=2 U.S. Department of Labor, Wage and Hour Division, Child Labor Final Rule, NonAgricultural
Employment, 16- and 17-Year-Olds – Major Changes,
http://www.voced.iup.edu/pcea/Resources/Major%20Changes%20in%20Non-Agricultural%20Employment.pdf