2. SAE Legal Considerations Work-Based Learning (Placement)

3. SAE What Law(s) regulate the employment of youth in Arkansas? –Federal law if the business has gross sales over $500,000 –State law if the business has gross sales under are over a certain amount. Laws and Youth Employment

4. SAE Federal Law

5. SAE State Law

6. SAE Can 13 year olds work? Cannot be employed by an employer However, they may deliver newspapers There are special exemptions for agriculture…more later

7. SAE Work Hours

8. SAE Work Restrictions - 14 & 15 Can’t work more than 3 hours a day when school is in session or more than 8 hours a day when school is not in session Can’t work more than 18 hours a week when school is in session, or more than 40 hours when school is not in session

9. SAE Work Restrictions - 14 & 15 Can work only outside school hours Can’t work more than five hours straight without a 30 minute break (state law only)

10. SAE However, If a 14 or 15 year old is enrolled in a school based work experience program: –They can work during the school day –They can work 23 hours a week –They can work in some occupations otherwise prohibited

11. SAE Agricultural Occupations One section of the labor laws govern employment in agricultural occupations. This is defined as those who: –Raise livestock, bees, fur-bearing animals, and poultry –Cultivate the soil, grow or harvest crops –Grow or harvest crops as employees of a contractor

12. SAE Agricultural Occupations 12 & 13 years may work on farms where their parents are also employed 14 is the minimum age for employment outside school hours in any agricultural occupation not declared hazardous 16 is the minimum age for employment in any agricultural occupation declared hazardous

13. SAE Agricultural Occupations

14. SAE Minors under 16 cannot: Operate a tractor over 20 horsepower –but there is an exemption for students in a bona fide training program (agricultural education)…more later

15. SAE Minors under 16 cannot: Operate or assist in the operation of a corn picker, cotton picker, grain combine, hay baler, feed grinder, power post-hole digger, feed grinder, etc. –but there is an exemption for students in a bona fide training program (agricultural education)…more later

16. SAE Minors under 16 cannot: Operate or assist in the operation of earthmoving equipment, fork lift, potato combine, or power saws. –but there is an exemption for students in a bona fide training program (agricultural education)…more later

17. SAE Minors under 16 cannot: Work in a yard, pen or stall occupied by a bull, boar, stallion or cow and sow with newborn. –but there is an exemption for students in a bona fide training program (agricultural education)…more later

18. SAE Minors under 16 cannot: Work with timber over 6 inches in butt diameter. –but there is an exemption for students in a bona fide training program (agricultural education)…more later

19. SAE Minors under 16 cannot: Work from a ladder or scaffold over 20 ft high. –but there is an exemption for students in a bona fide training program (agricultural education)…more later

20. SAE Minors under 16 cannot: Drive a bus, truck or automobile when transporting passengers. –There are no student exemptions

21. SAE Minors under 16 cannot: Work inside a silo, manure pit, or fruit storage area. –There are no exemptions

22. SAE Minors under 16 cannot: Handle or apply agricultural chemicals with the words Danger, Poison or Warning on the label. –There are no exemptions

23. SAE Minors under 16 cannot: Handle or use blasting agents. –There are no exemptions

24. SAE Minors under 16 cannot: Transport, transfer or apply anhydrous ammonia. –There are no exemptions

25. SAE Exemptions? Student-learners in a bona fide agricultural education program are exempt from restrictions 1-6 provided: –Such work is incidental to training, intermittent, for short periods of time and under supervision –Safety instruction is given by the school –A training plan is in place Students who work for their parents are also exempt.

26. SAE Hazardous Nonagricultural Occupations Occupations that don’t qualify as agricultural occupations are considered as nonagricultural There are a numerous nonagricultural jobs that youth under the age of 18 can’t do. Even though the federal government classifies the jobs as nonagricultural, several really are.

27. SAE Minors under 18 cannot: Be involved in manufacturing and storing explosives –There are no student exemptions

28. SAE Minors under 18 cannot: Operate a motor vehicle –There are no student exemptions

29. SAE Minors under 18 cannot: Work in coal mining –There are no student exemptions

30. SAE Minors under 18 cannot: Be engaged in logging and sawmilling –There are no student exemptions

31. SAE Minors under 18 cannot: Work with power-driven woodworking machines –but there is an exemption for students in a bonafide training program (agricultural education)…more later

32. SAE Minors under 18 cannot: Work where there is exposure to radioactive substances –There are no student exemptions

33. SAE Minors under 18 cannot: Work with power-driven hoisting apparatus –There are no student exemptions

34. SAE Minors under 18 cannot: Work with power-driven metal-forming, punching and shearing machines –but there is an exemption for students in a bona fide training program (agricultural education) …more later

35. SAE Minors under 18 cannot: Work in any type of mining –There are no student exemptions

36. SAE Minors under 18 cannot: Work in slaughtering, or meat-packing, processing or rendering –but there is an exemption for students in a bona fide training program (agricultural education)…more later

37. SAE Minors under 18 cannot: Work with power-driven bakery machines –There are no student exemptions

38. SAE Minors under 18 cannot: Work with power-driven paper-products machines –but there is an exemption for students in a bona fide training program (agricultural education)…more later

39. SAE Minors under 18 cannot: Be involved in manufacturing brick, tile, and kindred products –There are no student exemptions

40. SAE Minors under 18 cannot: Use power-driven circular saws, band saws and guillotine shears –but there is an exemption for students in a bona fide training program (agricultural education)…more later

41. SAE Minors under 18 cannot: Work in wrecking, demolition and ship breaking operations –There are no student exemptions

42. SAE Minors under 18 cannot: Work in roofing operations –but there is an exemption for students in a bona fide training program (agricultural education)…more later

43. SAE Minors under 18 cannot: Work in excavating operations –but there is an exemption for students in a bona fide training program (agricultural education)…more later

44. SAE How Do Exemptions Work? Apprentices are exempt in certain occupations Student-Learners (16 & 17) are exempt in certain occupations provided specific conditions are met (see next slide)

45. SAE Student Learner Exemptions Student-Learners (16 & 17) must be enrolled in a state approved educational program –Written Agreement Work is incidental to the training Such work is intermittent and under the supervision of a qualified and experienced person Safety instruction is given in school and by the employer There is a signed training plan

46. SAE Other Occupations Welding Working with quartz or any other form of silicon dioxide Exposure to lead Benzol or benzol compound Spray painting Handling of unsterilized hides or animal or human hair

47. SAE What can 14 & 15 olds do? Office and clerical work Selling, cashiering, etc. Marking prices, assembling orders, packing and shelving Bagging and carrying customer orders Cleanup work (can’t use power mower) General kitchen work

48. SAE What can 14 & 15 olds do? Working with cars (except tires & lifts) Cleaning and packaging vegetables and fruits

49. SAE Training Plans It is imperative that any student placed on a job have a training plan –This helps assure a sound educational experience and is –Absolutely essential from a legal standpoint

50. SAE What is a Training Plan? A written document specifying: –Skills and tasks the student will learn to perform on the job –Who will teach each skill or task (employer, teacher or both) –Safety instruction was provided by both teacher and employer –Level of mastery and date accomplished All parties involved sign the plan

51. SAE What is a Training Agreement? A written statement documenting the: –hours –pay –student responsibilities –teacher responsibilities –employer responsibilities regarding the placement of a student.

52. SAE The End Employment certificate is required Training agreement is critical Training plan with safety instructions in critical Extreme care must be utilized in selecting training stations so that no federal or state laws are violated