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DOL actions highlight three crucial child labor protections categories

September 2022 employment law letter
Authors: 
Emily L. Matta, Foulston Siefkin LLP

With labor shortages leaving fast food and other minimum-wage work environments short-staffed, many businesses are relying on teenage employees to fill the void. But employers must be aware of applicable child labor laws, which aim to protect minors’ health and safety and to avoid interfering with their education. Employers should keep in mind three major categories of child labor protections under the federal Fair Labor Standards Act (FLSA)—job restrictions, hour restrictions, and time restrictions. The protections should inform all hiring, scheduling, and work assignment decisions.

Modern child labor protections

Though the phrase “child labor” might evoke black-and-white images of soot-covered children with giant pickaxes slung over tiny shoulders, child labor protections apply beyond the narrow context of small children working in extremely dangerous conditions. The protections reach teens working at grocery stores, fast food restaurants, movie theaters, offices, and all manners of work environments. And these protections are still actively enforced by the U.S. Department of Labor (DOL).

In fact, the Wage and Hour Division (WHD) District Director Steven Salazar in Atlanta highlighted child labor as a growing concern in the current climate, saying, “Employers struggling to fill open positions have increased the numbers of teens in jobs not traditionally occupied by young workers.” He advised that “businesses who employ minor-aged workers must educate themselves on keeping these workers safe, especially those around hazardous conditions.”

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