On August 30, 2023, the US Department of Labor (DOL) finally released their long-awaited proposal for updating the FLSA. This includes increasing the minimum salary that an exempt employee must earn to avoid overtime eligibility to nearly $55,000 per year. There are many other key aspects of the DOL’s proposal, so stay tuned to MP as we will be offering content in a variety of formats as this story unfolds.  

But before we address any potential changes to the Fair Labor Standards Act (FLSA) now is a good time to familiarize yourself with the current child labor provisions of the FLSA. 

The Basics: FLSA Child Labor Provisions 

While the youth employment regulations of the FLSA were passed to protect those under age 18, the FLSA does not:   

• require minors to obtain “working papers” or “work permits,” though many states do; 
• restrict the number of hours or times of day that workers 16 years of age and older may be employed, though many states do; 
• apply where no FLSA employment relationship exists; 
• regulate or require such things as breaks, meal periods, or fringe benefits; 
• regulate such issues as discrimination, harassment, verbal or physical abuse, or morality, though other federal and state laws may.¹ 

Whereas the WHD does not require the above-listed items, the WHD explicitly sets out the type of occupations in which workers under 18 cannot legally be engaged including, but not limited to:  

• operating and cleaning meat processing/slicing equipment; most jobs in meat and poultry slaughtering, processing, rendering or packing establishments 
• operating or helping on power-driven saws; operating power-driven bakery equipment; 
• working where explosives are manufactured or stored; performing demolition jobs; 
• driving motor vehicles or working outside the vehicle as a driver’s helper to assist with tasks such as loading, unloading or securing cargo; 

• roofing operations; working with forklift and skid-steers; 
• mining; working in logging, forestry, and sawmilling operations;  
• working in jobs where they are exposed to radioactive material; 
• performing trenching and excavation work; manufacturing brick, tile, or similar. 

In addition, there are a number of federal youth employment provisions that focus on 14- and 15-year-olds, which include limiting hours worked, times of day worked, and industries and occupations. 

It’s important to note that the information in this post is just a small, though integral part of child labor provisions as set down by the FLSA,²  thus it’s essential you have a full understanding of the FLSA’s child labor regulations.   

Child Labor Violations Have Skyrocketed 

Over the past few years, the need for workers in non-agriculture sectors (construction, hospitality, manufacturing, retail, among others), has continued to rise. Businesses across industries have been struggling to find qualified workers, though there is still a shortage.  

Consequently, companies have been recruiting an increasing number of underage workers–regardless of the fact that workers under the age of 18 could be performing duties that are in clear violation of U.S. child labor regulations.  

Thus, the federal government has stepped up its focus on child labor, and is cracking down hard on those violating the law. But the government is not just talking about it, they’re doing something about it. 

In February 2023, the U.S. Department of Labor and its partners from the Interagency Task Force to Combat Child Labor Exploitation announced its recent actions to hold companies accountable for violating federal child labor laws. Based on their findings, the DOL has found a 69 percent increase in children being employed illegally by companies since 2018.  

What’s more, also in February 2023, the DOL announced a resolution to one of the largest child labor cases in the department’s history against Packers Sanitation Services (PSSI), a food safety sanitization (aka slaughterhouse) contractor. Over 100 children, aged 13-17, were illegally working in hazardous occupations during overnight shifts at 13 meat processing facilities across eight states. 

According to the DOL press release, under the FLSA, the DOL assessed PSSI $15,138 for each minor-aged employee who was employed in violation of the law. The amount is the maximum civil money penalty allowed by federal law. 

Currently, the DOL has over 600 child labor investigations underway and continues to field complaints and initiate investigations to protect children.  

Familiarize Yourself with Child Labor Regulations 

Many states have their own minimum wage limits, as well as their own child labor regulations in terms of working hours, number of hours of work per week, and restricted duties and job functions.  

If your business employs workers under the age of 18, it’s essential to understand and periodically review your employment practices, and your wage and hour records to ensure that you’re in compliance with federal, state, and local child labor regulations. Please speak with us if you are interested in reviewing your employment practices with workers under 18 years of age.   

Questions? Comments? Contact us today!  

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