coop labor laws - iup

coop_labor_lawsIntroduction
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
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.”
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.”
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.”
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.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&u sg=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&u sg=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.”
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.”
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.”
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.”
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.”
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.”
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
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.”
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:
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.”
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.”
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.
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.
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:
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.
“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 int

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