Child Labor Rich Nelson, Labor Law Specialist NE Dept. of Labor (402) 471-4711 rich.nelson@nebraska.gov www.dol.gov Wage and Hour Division

Purpose of Child Labor Laws State and Federal Child Labor Laws are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. www.dol.gov Wage and Hour Division

Nebraska Child Labor Law www.dol.gov Wage and Hour Division

Hours and Times When 14 and 15 Year-Olds May Work Up to 8 hours per day Up to 48 hours per week Between 6 AM and 10 PM Must be outside of school hours www.dol.gov Wage and Hour Division

Other State Requirements Minors under 16 years of age are required to obtain an Employment Certificate prior to beginning a job. Employment Certificates are issued by the public school district in which the minor resides. Certificates are valid for 1 year. Employer must keep a copy on file and return it to the school when employment ends or the minor turns 16 years of age. www.dol.gov Wage and Hour Division

www.dol.gov Wage and Hour Division

Other State Requirements (Cont.) The employer is required to post a printed notice (Child Labor Form #110) in the minor’s work area stating the hours of work and the time allowed for meals (if meal breaks are provided). www.dol.gov Wage and Hour Division

www.dol.gov Wage and Hour Division

Work 14 and 15 Year-Olds May Not Do No minor under the age of 16 may be employed in work in which: It is dangerous to life or limb His or her health may be injured or His or her morals may be depraved www.dol.gov Wage and Hour Division

Penalties for Violations Whoever employees a minor under the age of 16 in violation of the Nebraska Child Labor Laws is guilty of a Class II misdemeanor--up to 6 months imprisonment, or a $1,000 fine, or both Continued violations: Guilty of a Class II misdemeanor for every day such violations continue to occur www.dol.gov Wage and Hour Division

NE and Federal Child Labor Laws are Different When both laws apply, the law with the more stringent standard must be followed. In all cases, minors under 16 years of age must obtain an Employment Certificate. www.dol.gov Wage and Hour Division

Federal Child Labor Law Approximately 90% of all minors working in the United States are covered by the Federal child labor law, which are enforced through the U.S. Dept. of Labor www.dol.gov Wage and Hour Division

Federal Child Labor Law Does Not: Require minors to obtain work permits; Limit hours or restrict time worked for minors 16 years of age or older; Require breaks or meal periods for minors. Although Federal Law does not require minors to obtain work permits, regulate the hours minors over 16 years of age may work, or require that breaks or meal periods be given, many States do have such laws. Reg.570.25 www.dol.gov Wage and Hour Division

Hours that 14 and 15 Year-Olds May Work Up to 3 hours on a school day, including Fridays; Up to 18 hours during a week when school is in session; Up to 8 hours on a non-school day; Up to 40 hours during a week when school is not in session. 14 and 15 year-olds may work up to 3 hours on a school day. This includes Friday if it is a school day. When school is in session, minors age 14 and 15 may not work more than 18 hours in a week. This is true even if school is out during part of the week. School is in session in any week that the school meets, even if only a portion of one day. On Saturdays and Sundays and on other days when school is not in session (including summer or spring breaks) 14 and 15 year-olds may work up to 8 hours a day. In any week in which school is not in session at all, minors age 14 and 15 may work as many as 40 hours in a week. Reg. 570.35 The hours restrictions are designed to not only keep kids safe, but to preserve their educational opportunities. See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

Times When 14 and 15 Year-Olds May Work Between 7 AM and 7 PM; or Between 7 AM and 9 PM from June 1 through Labor Day; and Outside school hours Minors age 14 and 15 may only work between the hours of 7 AM and 7 PM, except from June 1 through Labor Day, when they may work until 9 PM. The 7 PM time limit applies between Labor Day and June 1 even if there is no school the next day. For example, it applies on a Friday or Saturday night and in weeks that school is not in session such as during spring break. Reg. 570.35 A minor may work between the hours of 7 AM and 7 PM, but still may not work more than 3 hours on a school day, and 8 hours on a non-school day. Minors age 14 and 15 are not permitted to work during school hours. The term “outside of school hours” means the time before and after school, holidays, Saturday, Sunday, vacation time, and any day when school is not scheduled to be open for students. School hours are determined by the normal operating hours of the local school district where the minor is residing while employed – even if the minor attends private school, is home-schooled, or attends no school. See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act; 29 CFR 570.35 www.dol.gov Wage and Hour Division

Retail & Service Jobs 14 and 15 Year-Olds May Do Office and clerical work Cashiering and selling Price marking, assembling orders, packing Bagging and carrying out customers’ orders There are many jobs in retail and service industries that 14- and 15-year-olds are allowed to perform. Office and clerical work includes the operation of office machines. In addition to cashiering and selling, youths 14- and 15-years of age may work in advertising, window trimming, and comparative shopping. See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

Retail & Service Jobs 14 and 15 Year-Olds May Do Errands and deliveries by foot, bike, bus or train Certain clean-up work Pumping gas and hand cleaning cars Kitchen work, preparing and serving food (BUT very limited cooking) 14- and 15 year-olds may perform clean-up work, including the use of vacuums and floor waxers. They may do yard work, but may not operate power-driven lawn mowers, weed eaters, or cutters. They may do some work involved with the preparation and service of food, including the operation of machines used in the performance of such work like popcorn poppers, toasters, milk shake blenders, and coffee grinders. 14- and 15 year-olds may use devices for keeping food warm including microwaves designed only for food warming. 14- and 15 year-olds may work in gas stations pumping gas. See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

Retail & Service Jobs 14 and 15 Year-Olds May Do Most cooking is prohibited, but 14 and 15 year-olds may: Cook with electric or gas grills that do not entail cooking over an open flame, and Cook with deep fryers that are equipped with and utilize automatic devices that raise and lower the baskets in and out of the hot oil or grease. Prior to February 14, 2005, when new Department of Labor rules took affect, 14- and 15 year-olds could only perform simple cooking functions that took place in areas that were in plain view of the customers, and not separated from the service counter by a wall. Now, 14- and 15 year-olds are prohibited from performing any cooking EXCEPT cooking with electric or gas grills that do not entail cooking over an open flame and cooking with deep fryers that are equipped with and utilize devises that automatically lower and raise the baskets into and out of the hot oil or grease. Such youth may not use broilers-- including NEICO broilers -- pressurized fryers, rotisseries, or pressure cookers. See 29 CFR 570.34. Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

Retail & Service Jobs 14 and 15 Year-Olds May Do Clean kitchen surfaces and non-powered equipment, and filter, transport, and dispose of oil and grease But only when the temperature of the surfaces, equipment and liquids do not exceed 100°F. This provision is NEW and went into effect on February 14, 2005. Fourteen - and 15 year-olds may clean kitchen surfaces and equipment, and filter, transport, and dispose of oil and grease, BUT only when the temperatures of the surfaces, equipment, containers, oil and grease do not exceed 100°F. Employers can use such things as thermometers, predetermined “cooling down periods,” and work schedules to ensure that the 100°F temperature is not exceeded. See 29 CFR 570.34. Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

Work 14 and 15 Year-Olds May Not Do Operating/cleaning power-driven equipment (e.g., food slicers and grinders, choppers or cutters, and bakery mixers Building repairs Work in freezers and meat coolers Outside window washing Baking 14- and 15-year-olds are prohibited from working as dairy stock clerks, meat clerks, produce clerks, and frozen stock clerks when their duties require them to enter and remain in coolers or freezers for extended periods of time. Minors may enter coolers and freezers momentarily if the equipment is designed to prevent the worker from being locked inside. They may not perform any part of the baking process, such as weighing and mixing ingredients; placing or assembling products in pans or on trays; operating ovens, including convection ovens, microwave ovens (except those used only for warming food), pizza ovens, and automatic feeding ovens; removing items from ovens; placing items on cooling trays; and finishing baked products. See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

Work 14- and 15-Year-Olds May Not Do Loading/unloading goods to and from trucks, railcars, or conveyors Work in areas where meats are prepared for sale All occupations declared to be hazardous for 16 and 17 year-olds 14- and 15-year-olds may never operate the named equipment but may hand-wash power-driven meat-processing equipment and bakery mixers when the equipment is dismantled and reassembled by an employee who is at least 18 years old. FOH 33E10e3a www.dol.gov Wage and Hour Division

Hazardous Occupations The Federal child labor law prohibits minors under age 18 from performing occupations that the Secretary of Labor declares to be particularly hazardous or detrimental to their health and well-being. Currently, there are 17 Hazardous Occupation Orders (HOs). The Federal youth employment rules do not limit the number of hours or times of day that 16- and 17- year olds may work, but many states do. The Secretary of Labor has declared that 17 occupations are too dangerous for minors under the age of 18 to perform. These occupations are referred to as Hazardous Occupations Orders (HOs). The HOs were enacted individually between 1939 and 1969. The Department continually reviews the HOs to ensure that they provide adequate protections to working youth. Minors may not perform duties covered by the HOs at any time, even once, unless an exemption applies. Occupations not prohibited by one HO may be prohibited by another. Certain machines may be prohibited by more than one HO. There are some exemptions to the prohibitions for 16 and 17-year-old apprentices and student learners. These exemptions apply to HOs 5, 8, 10, 12, 14, 16, and 17. Apprentice: The minor works in a bona-fide registered apprenticeship program. Student Learner: The minor is enrolled in a vocational education training program and works under a written agreement that contains limitations on the work and provides for safety instruction. See also: 29 CFR 570.50 www.dol.gov Wage and Hour Division

Hazardous Occupations Orders 1 through 5 HO 1. Manufacturing or storing explosives HO 2. Driving a motor vehicle or work as an outside helper on motor vehicles HO 3. Coal mining HO 4. Logging and sawmilling HO 5. Power-driven woodworking machines www.dol.gov Wage and Hour Division

Hazardous Occupations Orders 6 through 9 HO 6. Exposure to radioactive substances and ionizing radiation HO 7. Power-driven hoisting apparatus HO 8. Power-driven metal-forming, punching and shearing machines HO 9. Mining, other than coal www.dol.gov Wage and Hour Division

Hazardous Occupations Orders 10 through 13 HO 10. Power-driven meat-processing machines, slaughtering and meat packing plants HO 11. Power-driven bakery machines HO 12. Power-driven paper-products machines, scrap paper balers, and paper box compactors HO 13. Manufacturing of brick, tile and related products Departmental rules that became affective on February 14, 2005, expanded to scope of HO 12 to cover balers and compactors that process other items in addition to paper. www.dol.gov Wage and Hour Division

Hazardous Occupations Orders 14 through 17 HO 14. Power-driven circular saws, band saws and guillotine shears HO 15. Wrecking, demolition, and shipbreaking operations HO 16. Roofing HO 17. Trenching and excavation operations New Departmental rules that became affective on February 14, 2005, expanded HO 16 to prohibit not only work in roofing occupations, but all work on or about a roof. www.dol.gov Wage and Hour Division

“Operation” Means The term "operation" as used in HO’s 5, 8, 10, 11, 12 and 14 generally includes the tasks of setting up, adjusting, repairing, oiling, and cleaning the equipment. Source 29 CFR Part 570, Subpart G www.dol.gov Wage and Hour Division

HO 2. Driving or Outside Helper on Motor Vehicles Generally prohibits youth from driving motor vehicles on public roads, but certain 17-year-olds may perform driving that is occasional and incidental under certain circumstances. Bans working as an outside helper on motor vehicles. An outside helper is anyone, other than the driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods. Prohibited: Minors under 18 may not drive or work as an outside helper on any public road, highway, or in or around any mine ( including open pit mine or quarry), place where logging or sawmill operations are in progress, or any excavation of the type identified in HO 17. Permitted: Seventeen-year-olds (but not those under 17 years of age) may drive automobiles and trucks as part of their employment when all of the following criteria are met: The automobile or truck does not exceed 6,000 pounds gross vehicle weight. The driving is restricted to daylight hours. The driving is only occasional and incidental to the minor's employment. Driving is "occasional and incidental" when the minor spends no more than one-third of the work time in any workday and no more than 20 percent of the work time in any workweek driving. The minor holds a State license valid for the type of driving involved in the job performed. The minor has successfully completed a State-approved driver education course. The minor has no record of any moving violations at the time of hire. The vehicle is equipped with a seatbelt for the driver and any passengers and the employer has instructed the youth that the seatbelts must be used when driving. See also: 29 CFR 213( c)(6) Fair Labor Standards Act (Public Law 105-334 Drive for Teen Employment Act) www.dol.gov Wage and Hour Division

HO 2. Driving or Outside Helper on Motor Vehicles Minors under age 17 may not drive on public roads as part of their job. Seventeen-year-olds may not be employed in: Ø Towing vehicles Ø Route deliveries or route sales Ø Transportation for hire of property, goods, or passengers Ø Urgent, time-sensitive deliveries These are deliveries that impel the driver to hurry in the completion of delivery because of factors such as customer satisfaction, rapid deterioration of product quality, economic incentives, schedules or timelines. Urgent, time-sensitive deliveries include delivery of people and things to the employer’s place of business as well as from that business to another location. Examples are delivery of pizzas and shuttling passengers to meet transport schedules. 29 CFR 570.52 Ø Transporting more than 3 passengers, including employees of the employer Ø Driving beyond a 30-mile radius from the minor's place of employment Ø Making 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) Ø Making more than two trips away from the primary place of employment in any single day to transport passengers, other than employees of the employer See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

HO 7. Power-Driven Hoisting Apparatus Bans the operation of most power-driven hoisting apparatus such as elevators, bobcats, cranes, and most high lift trucks, including forklifts. Prohibited: Minors under age 18 may not: Operate a forklift Operate a passenger or freight elevator or a combination passenger/freight elevator (service elevator) or an elevator which does not meet specific requirements Assist in the operation of any crane, derrick or hoist (except electric or air hoists not exceeding one ton capacity) Ride on a manlift or a freight elevator when the elevator is not operated by an assigned operator Operate Bobcat loaders, skid steer loaders. Permitted: Minors aged 16 and 17 may: Operate dumbwaiters or conveyors (such as endless belts, chain conveyors, bucket conveyors) Operate electric or air operated hoists not exceeding one ton capacity Ride on freight elevators operated by an assigned operator Operate most chairlifts at ski resorts (Chairlifts at ski resorts are prohibited only when they travel a greater distance vertically than they do horizontally.) Operate electric pneumatic lifts used to raise cars in garages and gasoline services See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act . www.dol.gov Wage and Hour Division

HO 10. Power-Driven Meat Processing Machines Bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used. Also bans occupations in meat processing, and packing. Applies to meat packers, butcher shops, grocery stores, hotels, delicatessens, restaurants, fast food establishments, meat lockers, and any other firm where any food product is prepared or processed using machines prohibited by this order Prohibited: Minors under age 18 may not operate, set up, adjust, repair, oil or clean power-driven meatpatty forming machines, meat and bone cutting saws, meat slicers, knives (except bacon-slicing machines), headsplitters and guillotine cutters, snoutpullers and jawpullers, skinning machines, horizontal rotary washing machines, casing cleaning machines, grinding, mixing, chopping and hashing machines and presses (except belly-rolling machines). Food processors are prohibited when used to process meat. There are many prohibited occupations in the slaughtering and meatpacking industry including: Work on the killing floor or curing cellars Work in occupations involved in the recovery of lard Work in boning occupations Permitted: Minors aged 16 and 17 may clean deep-fat fryers, remove, screen and filter cooking oils. Food processors are permitted for minors aged 16 and 17 when used to process vegetables. This HO is subject to a limited exemption for 16- and 17- year old apprentices and student learners enrolled in an approved program. See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

HO 10. Power-Driven Meat Processing Machines Minors may not use a meat slicing machine even on items other than meat, such as cheese and vegetables. Prohibited: Minors under age 18 may not operate meat slicers but may hand-wash power-driven meat slicing equipment when the equipment is dismantled and reassembled by an employee who is at least 18 years old. The operation of meat processing equipment, such as grinders, patty formers, and slicers, is prohibited no matter where performed – even in restaurants, delis, and cafeterias. This HO is subject to a limited exemption for 16 and 17 year old apprentices and student learners enrolled in an approved program. See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

HO 11. Power-Driven Bakery Machines Bans the operation of power-driven bakery machines such as vertical doughmixers, battermixers (including most countertop models), dough rollers and doughsheeters. Prohibited: Minors under age 18 may not operate a variety of bakery machines such as horizontal and vertical doughmixers, battermixers, doughbrakes and doughsheeters, and cake-cutting bandsaws. Permitted: Minors aged 16 and 17 may: Clean power-driven bakery equipment if it involves hand-washing of individual parts of the machines, and the machine is dismantled and reassembled by an employee who is at least 18 years old Operate pizza dough rollers if the machine has roller safeguards, enclosed gears and microswitches that turn off the machine if it is opened Use a doughmixer with the "D Wire Whip” if it is used to mix vegetables or items other than batter Operate and clean bagel slicers with a circular saw if the blade is enclosed, the adjustable guard is in place, and the manufacturer's warning sign is in place See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

H 12. Power-Driven. Paper-Products Machines,. Scrap Paper Balers and H 12. Power-Driven Paper-Products Machines, Scrap Paper Balers and Paper Box Compactors Bans the operation of power- driven paper-products machines, including scrap paper balers and paper box compactors. Prohibited: Minors under age 18 may not operate or assist to operate paper-products machines. Among these are guillotine paper-cutter or shears, arm type stitchers or staplers, platen die-cutting presses, hand feed punch presses, and horizontal bar scorers. Permitted: Minors aged 16 and 17 may: Operate paper shredders like those normally used in offices Operate pouch laminators like those designed to encase documents such as identification cards between two pieces of plastic This HO is subject to a limited exemption for 16- and 17- year old apprentices and student learners enrolled in an approved program. See Also: C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act www.dol.gov Wage and Hour Division

Scrap Paper Balers and Box Compactors: HO 12. Power-Driven Paper-Products Machines, Scrap Paper Balers and Paper Box Compactors Scrap Paper Balers and Box Compactors: 16 and 17 year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines. Prohibited: Generally, minors under age 18 may not load, operate or unload scrap paper balers and paper box compactors. This includes equipment that process other materials in addition to paper such as trash, aluminum cans, glass, and foam rubber. Permitted: Minors aged 16 and 17 may load (but not operate or unload) certain scrap paper balers and paper box compactors provided: The employer ensures that the equipment meets, and continues to meet, the American National Standards Institute's (ANSI) Standard Z245.5-1990 or ANSI Z245.2-1992. The employer provides and posts notice on each machine that it meets the ANSI standard. The on-off switch incorporates a key-lock or other type of lock-out system, and control of the key is maintained by an employee who is at least 18 years old. The equipment is inoperable while it is being loaded. The on-off switch is maintained in an “off” position when the equipment is not in operation. See Also: 29CFR 213( c)(5) Fair Labor Standards Act; C.L. 101 (WH 1330) Child Labor Requirements In Nonagricultural Occupations Under the Fair Labor Standards Act ; Fact Sheet 038 and Fact Sheet 043. www.dol.gov Wage and Hour Division

Penalties for Violations Employers who violate the youth employment provisions are subject to a civil money penalty of up to $11,000 for each violation. Federal law prohibits the interstate movement of goods produced where youth employment violations are found. The Wage and Hour Division conducts investigations to determine employer compliance with the youth employment provisions of the Fair Labor Standards Act. Employers who violate the youth employment provisions of the Fair Labor Standards Act are subject to a civil money penalty of up to $11,000 for each violation. Reg. 579.1 Federal law prohibits the interstate movement of goods produced at an establishment where youth employment violations were found within 30 days. www.dol.gov Wage and Hour Division

Compliance Assistance www.youthrules.dol.gov The Department of Labor launched YouthRules! to help employers, parents, teachers, and working teens understand and comply with federal and state youth employment provisions. Visit the YouthRules! Website for important information that will help young workers find and maintain positive and safe employment. The YouthRules! Website is your link to Fact Sheets, Employer Guides, and tools that will help employers assess their current level of compliance. You can also learn about your State’s youth employment provisions. www.dol.gov Wage and Hour Division

Additional Information Visit the WHD homepage at: www.wagehour.dol.gov Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: www.dol.gov/elaws Contact the nearest Wage and Hour Division Office. For the Omaha office, call 402-221-4682 www.dol.gov Wage and Hour Division

Teens in the Workforce Approximately 6 million teens are working in the U.S. workforce Over 50% of all 16-17 year olds work More than 25% of all 15 year olds work Teens are working during more weeks of the year at more types of jobs. www.dol.gov Wage and Hour Division

Where Teens Are Working 51% are working in retail 34% are working in the service industry In terms of raw numbers, retail establishments, restaurants, and grocery stores are 3 of the largest employers of teen workers. www.dol.gov Wage and Hour Division

How Much Do Teens Work? Usually after a full day of school: 15 year olds average 17 hours of work 16-17 year olds average 21 hours of work per week www.dol.gov Wage and Hour Division

Teen Work Injury Statistics Teens are injured at higher rates than adults—16 per 100 teens compared to 9 per 100 adults 230,000 teens are injured annually, 158,000 of them are under age 18 100,000 teens visit the ER each year, 52,000 of them under age 18 www.dol.gov Wage and Hour Division

Teen Work Injury Statistics (Cont.) 70 teens are killed on the job each year 38 of these teens are under 18 years old The Centers for Disease Control found the greatest number of deaths occurred in Services (32%), Construction (28%), Wholesale and Retail (10%), and in Agriculture (10%) www.dol.gov Wage and Hour Division

Types of Injuries to Teens Cuts and lacerations (34%) Bruises and contusions (18%) Sprains and strains (16%) Burns (12%) Fractures (4%) Examples: Hot surfaces/grease, wet floors, sharp knives, falling objects, violence, vehicles, cleaning products and other chemicals www.dol.gov Wage and Hour Division

Why Teens Get Hurt Inexperience Teen jobs are in industries with higher than average injury rates Inadequate health and safety training Unfamiliar with workplace hazards Not enough supervision Fatigue www.dol.gov Wage and Hour Division

Why Teens Get Hurt They perform jobs for which they aren’t trained—sometimes without being asked Working with dangerous tools and equipment Being afraid of losing their job if they speak up www.dol.gov Wage and Hour Division

Tips for Employers Verify ages of young employees Know the child labor laws Train managers on child labor laws Provide minor employees information on child labor laws Tell minors to ask questions If an employee is under age 19, the employer must have a record of their date of birth. Federal youth employment rules do not require work permits, but many states do. Occupations not prohibited by one HO may be prohibited by another. Certain machines may be prohibited by more than one HO. First line supervisors – and their commitment to compliance with the youth employment provisions – are often an employer’s most important tool in attaining and maintaining compliance. See Also: C.L. 102 (WH 1295) Child Labor Requirements In Agriculture Under the Fair Labor Standards Act; 29 CFR 570, 29 CFR 516 www.dol.gov Wage and Hour Division

More Employer Tips Review time records for minors Post warning labels on prohibited equipment Make compliance important Encourage minors to say “no” if asked to do something that is prohibited or they do not feel they can do safely Warning labels and STOP Stickers are available at your local Wage and Hour office and on the Internet. www.dol.gov Wage and Hour Division

Wage Payment & Collection Act (WPCA) All wages are due employees on regularly scheduled days designated by the employer or agreed upon between the employer and employee You must provide 30 days notice when changing a scheduled pay day Unless it’s due to taxes or a court ordered garnishment, an employee’s written authorization is required before an employer is allowed to deduct, withhold, or divert a portion of the employee’s wages For Example: If an employee steals merchandise or damages property, you must have their written authorization (written agreement) to make a deduction for reimbursement. OTHERWISE, YOU CAN’T MAKE THAT DEDUCTION FROM THEIR PAYCHECK. You must pursue collection in court for any damages. www.dol.gov Wage and Hour Division

WPCA Continued… Deductions from a paycheck cannot bring an employees hourly wage below $7.25 per hour This will be considered a minimum wage violation Uniform Deductions: With written authorization, the employer is allowed to make a deduction for uniforms The deduction must not bring the hourly pay below $7.25 If the uniform is required to be returned at separation of employment and it is not, you must have a written statement to make the deduction for the uniform If you make an employee pay for a uniform, they should not be required to return it www.dol.gov Wage and Hour Division

WPCA CONTINUED… Employees must be paid at the rate of pay previously agreed to If an employees pay is lowered, you must provide advance notice of doing so, in advance of the work being performed You cannot reduce pay for hours already worked EFFECTIVE JULY 18, 2014 Each payday employers are required to provide a paystub to employees showing, at the minimum: The identity of the employer, the hours for which the employee was paid, the wages earned and the deductions made from the employee’s wages. Unless an employer has a policy/practice of paying its salaried exempt employees OT, a bonus, or a payment based on hours worked, the paystub need not reflect the hours worked www.dol.gov Wage and Hour Division

SEPARATION FROM EMPLOYMENT There is no law that requires a two week notice Nebraska is an employment-at-will state An employee may quit a position for any reason or no reason whatsoever An employer may terminate an employee for any reason or no reason whatsoever, PROVIDED It is not due to illegal discriminatory reasons, such as race, color, religion, gender, disability, pregnancy, national origin A violation of public policy, such as filing a work comp claim ALL final wages, including earned but unused vacation/PTO, must be paid on the next regular scheduled payday or within 2 weeks of the termination date, whichever is sooner. www.dol.gov Wage and Hour Division

MORE ABOUT VACATION/PTO PAYOUTS Once vacation/PTO is earned, it can’t be taken away. For example: A policy saying that unless notice is given and the notice period is worked, the vacation/PTO will not be paid out would be in violation of the WPCA. However, you CAN set a cap on the amount of leave an employee accrues until a certain amount of the earned vacation/PTO is used. www.dol.gov Wage and Hour Division

FISHER VS. PAYFLEX May 3, 2013 Nebraska Supreme Court ruled that Paid Time Off is the same as vacation under the Nebraska Wage Payment & Collections Act and is now required to be paid upon termination July 11, 2013 Payflex filed an appeal on the decision, but it was dismissed without review Payflex offered PTO to its employees. ALL of the PTO could be used for whatever reason, sick leave or vacation leave Since Payflex allowed for the PTO to be used entirely as vacation, it had to be paid out Example: An Employer Offers 40 Hours of Paid Time Off per year If the employer’s policy specifically states that of the 40 hours, 20 may be used for vacation and 20 for sick leave, then the 20 hours must be paid out If the employer allows employees to use all 40 for vacation or personal leave, than all 40 hours must be paid out.

ALSO EFFECTIVE JULY 18, 2014 The Commissioner of Labor will issue citations for violation of the WPCA 1st violation is up to $500 and not more than $5,000 in the case of a 2nd or subsequent violation Employer has 15 working days to appeal the citation, after which an administrative hearing is held www.dol.gov Wage and Hour Division

THERE’S MORE… Effective January 1, 2015, there are provisions regarding the payment of wages by payroll debit card (paycard): The employer must allow at least 1 means of fund access withdrawal per pay period at no cost to the employee (up to the entire net wages) Cannot require any fees or costs to be incurred by the employee in connection with paying wages with a paycard www.dol.gov Wage and Hour Division