Selected Child-labor Statutes

The most important and relevant child-labor provisions can be found in section3 (1),12(a)and 12 (c) of the FairLaborStandards Act of 1938.Section 3(1) definesthe term "oppres­sive child labor" as follows:

Oppressive child labor includesemployment of workers under the age of 16 inany occupation [with specificexceptions] and the employment of 16- and 17­year-olds in any occupation that is consideredhazardous or detrimentalto thehealthor well beingof childrenof such ages.1

Section12 (a) provides that no producer, manufacturer, or dealer shall ship or deliverfor shipment in interstate or foreigncommerce any goodsproduced in an establishment inwhichoppressive child labor was employed within30 daysbefore removal of the goods.Section 12 (c) prohibitsany employer from employing oppressive child labor in interstate orforeign commerce or in the production of goodsfor such commerce.

The FLSAputs specific restrictions on employment of minorsunder the age of 18 years.The law restricts children aged 16 and 17 years from working in certain hazardous occu­pations. Youths aged 14 and 15 yearsare only allowed to work for a limitednumberofhoursoutsideschooltime and in nonhazardous jobs.The FLSArestrictschildren undertheage of 14 from working at all exceptto deliver newspapers, perform in the arts, or work fortheir parents.

Violations of FLSA's restrictions are not rare. In 1992twice as manychild-laboroffenses were reported as in 1980.2 Toaddressthis issue,the SenateLaborCommitteetoughened the child-labor laws, increased penalties for violations, and broadened the list ofjobs that are considered hazardous for 16-and 17-year-olds.3

In November 1990the civil penalties increased from $1,000to $10,000for any child­labor violation. As of June 1994a penaltyof $10,000was imposed for each child-laborviolation that resulted in the deathor injuryof a minor.

Specific provisions of the FLSAaddresschild labor in the retail and serviceindustries.For example, 14-, 15-, 16-,and 17-year-olds employed in retail or serviceestablishmentsare prohibited from working in or aboutboiler rooms; working in connection with mainte­nanceor repairof the establishment, machines, or equipment; workingin the operating,settingup, adjusting, cleaning, oiling,or repairing of power-driven food slicersandgrinders; working in freezers and meat coolers; working in the preparation of meatsforsale; working in the loadingand unloading of goodsto and from trucks, railroad cars, orconveyors; and from working in any warehouse occupation exceptto performoffice andclerical work.4- J.M.C. and E.C.S.

1 Fair Labor Standards Act of 1938, Pub.L. Chap 676, Sec 3(1), 12(a), 12(c), 52 Stat.,pp. 1061, 1067.

2 Brian Dumaine, "Illegal Child Labor Comes Back," Fortune, Vol. 127, No.7 (April 1993),p.86.

3 Robin L. Allen, "Kerrey's Chain Fires Teens in Wake of Labor Violations," Nation's RestaurantNews, Vol. 26, No.1 (January 1992), p. 3.

429 CFR 570.34 (1996).

food-service industry." Due to thelarge number of youth employed inthis industry, the National Restau­rant Association has lobbied for arelaxation of the provisions of somechild-labor laws, including changesthat would allow 14- and 15-year­olds to work longer hours duringshort school weeks and breaks. Ac­cording to Michael Romano, thehospitality industry hopes that thefederal statutes passed almost 60years ago will be modified to reflectcontemporary changes in modern

"Morton,p.l'J.

practices and modern equipment."That still would leave state laws tobe amended, however.

The NRA's effort is counterbal­anced by federal scrutiny of restau­rants and the formation in 1989 ofOperation Child Watch, which wasstarted to be an advocate in theareas of child-labor violations andinjuries." The federal government'sconcern stems from the number ofteenage workers injured in restau­rants. Congress is working on a billexpected to toughen workplacesafety rules, mandate safety commit­tees in firms, and boost maximumpenalties for serious violations."

Another counterpoint to theNRA's stance comes from the ChildLabor Coalition (CLC), which iscoordinated by the National Con­sumer League (a private group thatencourages citizen participation ingovernment). Even as the NRA isencouraging an easing of child­labor laws, the CLC is demandingmore stringent regulations. At thestate level, the CLC with the help ofthe National Education Associationcontinues to advocate its version of"model" child-labor statutes to leg­islators, education associations, laborleaders, and child advocates." In­creasing support for this modelcould result in restaurants' hiringfewer children under 18 years ofage. Operation Child Watch crack­downs on violations in restaurantsmay also deter large chains fromhiring minors.

Doing the right thing. Thecautionary tales above are no reasonto not hire minors. Youngsters re­main low-cost, flexible employeeswho appreciate the opportunity toearn a paycheck. An employer whohires minors must be cognizant ofthe regulations affecting this groupofemployees.

" Romano, p. 56."Symp"lIl. p. 22.2" Morton, p. I'J.27 Romano, p. 50.

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