New FLSA Child Labor Regulations Become Effective in July 2010.

Last week, the Wage and Hour Division of the federal Department of Labor released revised regulations governing the use of child labor in the United States. The new rules govern the employment of children under the age of 18, become effective on July 19, 2010 and are the first significant revision of the rules in 30 years. Among other things, the new rules will permit older teenagers to operate table-top mixers (like those used in most home kitchens), but otherwise expands the list of prohibited equipment (which now, for instance, prohibit the use of weed-trimmers and most power tools). With respect to younger teenagers, “[i]f a task is not specifically permitted, it is prohibited.” In general, while the new regulations attempt to prohibit younger teenagers from engaging in dangerous activities and prohibits all peddling, street sales and door-to-door sales (other than for charitable causes, like the Girl Scouts and PTOs), it also specifically permits jobs in all other industries covered the FLSA (other than mining, manufacturing and specifically prohibited activities like laundry, waste disposal, mass mailings, dry cleaning and house painting, etc.), including government, food service, financial, insurance and other white collar establishments.

The revised regulations now permit 15 year old minors to be lifeguards at pools and amusement parks if they are certified by the Red Cross. The new regulations also permit younger teenagers to engage in intellectual or artistically creative work like tutoring, writing software, etc. under certain conditions. Finally, the traditional working hours restrictions still apply based on the schedule of the local public school district, regardless if the particular youth attends a private school with a different schedule or is home schooled. Moreover, the revised regulations clarify that the 3-hour restriction on school days includes Fridays.

The Department of Labor has preared a fact sheet on the current rule, hazardous occupations side-by-side comparison of new final rule and current rule, and Reg. 3 side-by-side comparison of new rule and current rule.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.