Child Labor Laws

CHILD LABOR LAWS Lesson goal To introduce students to Virginia child labor laws, their purpose, and their basic requirements.

CHILD LABOR LAWS Students will learn: Virginia laws and regulations that govern labor by those under 18 years of age, and their purposes Requirements for obtaining an employment certificate or an age certificate Types of work and hours that minors are allowed to work under Virginia child labor laws Examples of occupations that are considered unhealthy, unwholesome, or dangerous, and related age restrictions

CHILD LABOR LAWS About child labor laws Child labor laws are intended to protect the health and safety of children, to prevent exploitation, and to ensure that work does not interfere with their educational opportunities The regulations are contained in Title 16 of the Virginia Administrative Code http://leg1.state.va.us/000/reg/TOC.HTM#T0016

In general, 14- and 15-year-olds: CHILD LABOR LAWS In general, 14- and 15-year-olds: Must have an employment certificate. Have limits on hours they can work. Cannot work in certain jobs considered to be unhealthy, unwholesome, or dangerous

Employment certificates CHILD LABOR LAWS Employment certificates There are three key documents required for an employment certificate: Permission to Employ – this form is filled out by parents and must be signed by the parent in the presence of the issuing officer or contain a notarized signature. (Code of Virginia §40.1-92) Intent to Employ – This form is filled out by the employer. The employer must state clearly the kind of work the teenager will be performing, the number of days per week, the number of hours per day, and the amount of time given for lunch periods. (Code of Virginia §40.1-93) Proof of Age – a document providing the age of the minor, such as a birth certificate, baptismal record, insurance policy at least one year old, school record, or government-issued identification such as a passport of state ID. (Code of Virginia §40.1-94)

CHILD LABOR LAWS Age certificates Age certificates serve as proof of age. They are issued by Work Permit Issuing Officers, typically to workers age 16 and older. Proof of age is often requested by an employer as part of the hiring process when the job requires that the worker be 16 or older. (Code of Virginia § 40.1-104)

Vacation or part-time certificates CHILD LABOR LAWS Vacation or part-time certificates These permit the employment of a minor between 14 and 16 years of age only during school vacation periods and on days when school is not in session, or outside school hours on school days. (Code of Virginia §40.1-87)

Work-training certificates CHILD LABOR LAWS Work-training certificates These permit the employment of a minor between 14 and 16 years of age during school hours when enrolled in a regular school work-training program. To qualify as a work-training program, there must be a written agreement between the employer and the school that meets certain requirements. (Code of Virginia § 40.1-88)

No employment certificate needed CHILD LABOR LAWS No employment certificate needed Working for parents or in the home of others Working on a farm, garden, or orchard Performing or acting (note: the employer must obtain theatrical permits from the Department of Labor and Industry; Code of Virginia § 40.1-102) Working for a government employer Doing volunteer work

At any age, it is allowable to: CHILD LABOR LAWS At any age, it is allowable to: Work at home for parents doing domestic jobs such as cleaning house or taking out the trash Work on parents’ farm, garden, or orchard doing such things as planting and feeding animals Work in a business owned by parents except manufacturing, mining, or other dangerous jobs Work at another person’s house doing housecleaning or babysitting, with parents’ permission Participate with a volunteer rescue squad See, Code of Virginia § 40.1-79.01

If you are 12 or older, you may: CHILD LABOR LAWS If you are 12 or older, you may: Work on any farm, garden, or orchard belonging to someone else Deliver newspapers Referee at a sporting event for a charitable or government organization If you are between 12 and 18, work as a page or clerk for the Virginia General Assembly For any of these jobs, you need your parents’ permission.

If you are 14 or 15 you may work: CHILD LABOR LAWS If you are 14 or 15 you may work: In any office job In a hospital or nursing home doing kitchen duties and room and hallway cleaning As a cashier for a dry cleaners as long as no processing is done on the premise In food service cleaning dishes, waiting on tables (but not serving alcoholic beverages), and as a cashier or kitchen helper (with restrictions) At bowling alleys At a swimming pool as a gatekeeper or in concessions On a beach handling beach equipment

Prohibited jobs for minors under 16 CHILD LABOR LAWS Prohibited jobs for minors under 16 Coal or lumber yard Hotel room services Dance studio Veterinarian business, while treating farm animals or horses Warehouse work Construction Providing care for residents in a hospital or nursing home Processing in dry cleaners or laundries Undertaking establishment or funeral home Curb service restaurant Hotel/motel room service

Prohibited jobs for minors, cont. CHILD LABOR LAWS Prohibited jobs for minors, cont. Ushers in a theater Outdoor theater Cabaret, carnival, fair, floor show, pool hall, club, or roadhouse Lifeguard at a beach See, Code of Virginia Title 40.1

Prohibited work for those under 18 CHILD LABOR LAWS Prohibited work for those under 18 In a mine In any occupation that exposes them to a recognized hazard capable of causing serious physical harm or death, including logging, manufacturing, or storage of explosives Manufacturing paints, colors, or white lead Establishments where consumption of alcoholic beverages is the main business As a driver or helper on a truck or commercial vehicle with more than 2 axles See, Code of Virginia § 40.1-100

(defined as June 1 to Labor Day) CHILD LABOR LAWS Hours minors can work School Year Summer (defined as June 1 to Labor Day) Between the Hours of 7 AM and 7 PM Not during school time With a paper route can start delivering at 4 AM Between the hours of 7 AM and 9 PM 3 hours per day on a school day 8 hours per day on a non-school day 18 hours a week for a school week 40 hours a week in a non-school week

School work-training programs CHILD LABOR LAWS School work-training programs Persons may not work during school hours unless enrolled in a school work-training program with a work training certificate. The person must be given a 30-minute rest or meal period after five consecutive hours of work. See, Code of Virginia §40.1-80.1

Exceptions to limitations on hours CHILD LABOR LAWS Exceptions to limitations on hours Exceptions to the limitations on hours for any teens include work in: Non-manufacturing parent-owned businesses Parent-owned farms, orchards, or gardens Around parents’or someone else’s home For the state or local government Performing or acting Activities for a volunteer rescue squad See Code Virginia § 40.1-79.01

Work in restaurants where alcohol is served CHILD LABOR LAWS Work in restaurants where alcohol is served No employee working in the capacity of a server can be under the age of 18. No bartender can be under the age of 21. Staff such as busboys, cooks, and kitchen help can be any age. If the restaurant serves only beer, an individuals who is 18 years old may act in the capacity of a bartender. See, 3 VAC 5-50-50

Work in a store where alcohol is sold CHILD LABOR LAWS Work in a store where alcohol is sold In a store that sells alcohol to be consumed off premises (such as a grocery or convenience store), someone under 17 with a proper employment certificate can work as a clerk or cashier selling the products as long as this is not their primary function and there is an ABC manager on duty on the premise. See, Code of Virginia § 40.1-100 and 3 VAC 5-50-40

Restrictions on driving CHILD LABOR LAWS Restrictions on driving If you are under 18, you generally cannot be employed as a driver. Those who are at least 17 may drive automobiles or trucks on public roadways if: the automobile does not exceed 6,000 pounds gross vehicle weight the vehicle is equipped with seat belts the employer requires the employee to use the seatbelts the driving is done during daylight hours

Restrictions on driving, cont. CHILD LABOR LAWS Restrictions on driving, cont. Younger employees must have successfully completed a state-approved driver education course and the driving cannot involve: The towing of vehicles Route deliveries or route sales The transportation for hire of property, goods or passengers Urgent, time-sensitive deliveries such as food The transporting at any time of more than three passengers, including the employees of the employer

Volunteer fire fighting CHILD LABOR LAWS Volunteer fire fighting Minors who are at least 16 may participate fully in all activities of a volunteer fire company if: they have obtained a level one firefighter certification and have their parents’ permission and there is a town, city, or country ordinance in place permitting persons 16 years of age or older to participate. See Code of Virginia §40.1-79.1 and http://www.vafire.com

Responsibilities of employers CHILD LABOR LAWS Responsibilities of employers It is illegal for an employer to endanger your life, health or morals or cause you to be overworked, tormented, or cruelly treated. Code of Virginia § 40.1-103 Civil Penalties – a penalty up to $10,000 may be assessed for any violation that results in serious injury or death of a minor or a penalty of up to $1,000 may be assessed for other violations of child labor laws. Code of Virginia §§ 40.1-100.1 and 40.1-114

CHILD LABOR LAWS Criminal penalties Prescribed under a law on cruelty and injuries to children. Code of Virginia § 40.1-103 makes it unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health, or morals may be endangered, or cause or permit such child to be overworked, tortured, tormented, mutilated, beaten, or cruelly treated. Any person violating this section shall be guilty of a Class 6 felony.

Review and recap You have learned: CHILD LABOR LAWS Review and recap You have learned: Child labor laws in Virginia protect the health and safety of children, prevent exploitation, and protect their educational opportunities. State regulations define hazardous occupations and bar workers under 18 from these occupations and law bars minors from working in job conditions considered to be unhealthy, unwholesome, or dangerous. How to obtain an employment certificate and an age certificate and which jobs require which documents.

CHILD LABOR LAWS Review and recap, cont. That some occupations require workers to be at least 16 years of age, and some require workers to be at least 18. That in most cases minors must work outside of school hours. Additional laws govern jobs involving sales of alcohol and driving vehicles. Employers who disobey these laws are subject to fines and criminal penalties.

To learn more Virginia Department of Labor and Industry CHILD LABOR LAWS To learn more Virginia Department of Labor and Industry http://www.doli.virginia.gov Information on employment certificates: http://www.doli.virginia.gov/laborlaw/employment_certifi cate_instructions.html United States Department of Labor http://www.dol.gov http://www.youthrules.dol.gov/