The Fair Labor Standards Act of 1938 regulates the minimum wage, overtime rules, and the classification of exempt and non-exempt workers. The law also contains certain rules and exceptions for youth workers aged 14 and over. However, if an employee is 18 years old, many federal labor laws do not apply to youth workers. Under federal labor laws, there are no additional restrictions for 18-year-olds, even if they are in high school. According to the Department of Labor, when state and federal labor standards come into conflict, the standard that requires greater protection applies. However, most companies must comply with the minimum standards of state and federal regulations. The federal government claims responsibility for companies that engage in interstate trade or earn more than $500,000 a year. California child labor laws prohibit teens 15 and under from working as messengers for telegraph, phone, or courier companies. It also prohibits teens 15 years of age and under from working for the U.S. government while operating a telegraph, telephone, or courier service in the distribution, transmission, or delivery of goods or messages in cities with more than 15,000 residents. Any 16- or 17-year-old who does the messenger work described above is only allowed to work after 6:00 a.m. and before 9:00 p.m. on a given day.
CA Labour Code 1297 HO 2. Driving a motor vehicle or working as an external helper on motor vehicles – prohibits driving motor vehicles on public roads and the work of external helpers on motor vehicles, except that 17-year-olds are allowed to drive cars or small trucks in daylight for limited periods and in strictly limited circumstances (see fact sheet No. 34 in this series for obtain information about driving in the workplace). Child labor laws are regulated at the federal level by the U.S. Department of Labor, which uses the Fair Labor Standards Act. However, this law only applies to minors under the age of 18, which means that an 18-year-old, even if still in high school, will be treated as an adult under federal regulations. Labor laws in this situation vary from state to state. Attendance officers or probation offices in a county, city, or school district where a workplace is located, as well as labor commissioners and superintendents of public instruction, may enter the workplace at any time to check youth work permits or investigate violations of California Child Labor Act. Failure to allow access to the inspectorate if necessary is a violation of child labour laws.
Labor Code CA 1302; CA Education Code 49164 California child labor laws require employers who employ youth directly or indirectly through a third party to archive all youth-related work permits and certificates. Employers must allow attendance and probation officers, the State Board of Education, and those responsible for enforcing labor division standards to view records at any time. Labour Code CA 1299; CA Education Code 49161 California child labor laws exclude the following from the requirement to obtain permission to work and work: Federal law prohibits tasks and jobs that are considered too dangerous for children. While some exceptions apply, below is a list of jobs that workers under the age of 18 are generally not allowed to do: Most states write the law to apply only to minors between the ages of 14 and 17 because they don`t want to restrict the rights of an 18-year-old high school graduate. GED receiver or dropout. However, some state laws have school-based restrictions. Most often, when 18-year-olds are subject to work restrictions, these are time restrictions to take time to do school and homework during the week. Child Labor Ordinance No. 3, 29 C.F.R. § 570.35 limits the hours and hours of the day that 14- and 15-year-olds can work: California child labor laws allow teens ages 16 and 17 to provide sports assistance services in professional baseball outside of school hours for up to five (5) hours per school day. CA Labour Code 1295.5 (b) HO 7. Motor hoists – prohibits the operation, operation, operation and support of most motor hoists such as forklifts, non-automatic lifts, skid-steer loaders, backhoe loaders, freight elevators, scissor lifts, cherry pickers, work support platforms, boom vehicles and cranes.
Does not apply to chairlifts in ski resorts or electric and pneumatic ski lifts used to lift cars in garages and petrol stations. Some state laws have age certification requirements for 18-year-olds. For example, Indiana, New Jersey, and Puerto Rico have age certification rules for employees between the ages of 18 and 21. In addition, state laws apply to compulsory education. More than a dozen U.S. states and the District of Columbia require school attendance until age 18. According to the Labor Law Handbook, Florida`s labor laws for 18-year-olds still in high school state that minors ages 16 and 17 are not allowed to work until 6:30 a.m. or after 11:00 p.m. The Federal Act does not contain any provisions on compulsory education, nor does the Federal Ministry of Labour require an age certificate. Employers who are required to provide an age certificate for 18-year-old workers should contact their state labour services. California`s child labor protections prohibit 14- and 15-year-olds from working in multiple or similar hazardous occupations. The bans include: The California Department of Industrial Relations issues Class A citations for all violations of California child labor laws, except those subject to Class B citations.
Employers who commit Class A violations of California child labor laws are subject to a civil penalty of at least $5,000 and up to $10,000 for each individual violation. Employers found guilty of intentionally or repeatedly violating California child labor laws will face higher penalties than those imposed for unintentional or first-time violations. CA Labor Code 1288 (a) Adolescents between the ages of 16 and 17 are also prohibited from working for obscene, indecent or immoral purposes, exhibition or practice. CA Labour Code 1308 (a) (3) However, there are other labour laws that apply to 18-year-olds. In Florida, for example, employers must keep records of workers` age and employment status with youth until the employee turns 19. For more information on labor laws specific to minors, visit the Youth Rules Department of Labor (DOL) website. Young people aged 16 and 17 cannot engage in petrol stations where pits, shelves or hoists are used or tyres mounted on a rim equipped with a removable retaining ring are inflated. CA Labour Code 1294.5 (b) HO 12. Balers, compactors and motor paper machines – prohibits the operation of all compactors and balers as well as certain motor-powered paper machines such as printing machines and envelope punchers.
