Child Labor Laws Lesson goal - PowerPoint Presentation

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Child Labor Laws

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Lesson goal

To introduce students to Virginia child labor laws, their purpose, and their basic requirements.

CHILD LABOR LAWS

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Students

will learn:

Virginia laws and regulations that govern labor by those under 18 years of age, and their purposes

Requirements for obtaining an employment certificate or an age certificate

Types of work and hours that minors are allowed to work under Virginia child labor laws

Examples of occupations that are considered unhealthy, unwholesome, or dangerous, and related age restrictions

CHILD LABOR LAWS

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Child labor laws are intended to protect the health and safety of children, to prevent exploitation, and to ensure that work does not interfere with their educational opportunities

The regulations are contained in Title 16 of the Virginia Administrative Code

http://leg1.state.va.us/000/reg/TOC.HTM#T0016

CHILD LABOR LAWS

About child labor laws

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In

general

, 14- and 15-year

-

olds

:Must have an employment certificate.

Have limits on hours they can work.

Cannot work in certain jobs considered to be unhealthy, unwholesome, or dangerous

CHILD LABOR LAWS

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Employment

certificates

There are three key documents required for an employment certificate:

Permission to Employ – this form is filled out by parents and must be signed by the parent in the presence of the issuing officer or contain a notarized signature. (

Code of Virginia

§40.1-92)

Intent to Employ – This form is filled out by the employer. The employer must state clearly the kind of work the teenager will be performing, the number of days per week, the number of hours per day, and the amount of time given for lunch periods. (

Code of Virginia

§40.1-93)

Proof of Age – a document providing the age of the minor, such as a birth certificate, baptismal record, insurance policy at least one year old, school record, or government-issued identification such as a passport of state ID. (

Code of Virginia

§40.1-94)

CHILD LABOR LAWS

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Age certificates

Age certificates serve as proof of age. They are issued by Work Permit Issuing Officers, typically to workers age 16 and older. Proof of age is often requested by an employer as part of the hiring process when the job requires that the worker be 16 or older. (

Code of Virginia

§ 40.1-104)

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Vacation or part-time certificates

These permit

the employment of a minor between 14 and 16 years of age only during school vacation periods and on days when school is not in session, or outside school hours on school days. (

Code of Virginia

§40.1-87)

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Work-training certificates

These permit

the employment of a minor between 14 and 16 years of age during school hours when enrolled in a regular school work-training program. To qualify as a work-training program, there must be a written agreement between the employer and the school that meets certain requirements. (

Code of Virginia § 40.1-88)

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No employment certificate needed

Working for parents or in the home of others

Working on a farm, garden, or orchard

Performing or acting (note: the employer must obtain theatrical permits from the Department of Labor and Industry;

Code of Virginia

§ 40.1-102)

Working for a government employer

Doing volunteer work

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At

any age, it is allowable to:

Work at home for parents doing domestic jobs such as cleaning house or taking out the trash

Work on parents

’

farm, garden, or orchard doing such things as planting and feeding animals

Work in a business owned by parents

except

manufacturing, mining, or other dangerous jobs

Work at another

person

’

s

house doing housecleaning or babysitting, with parents

’

permission

Participate with a volunteer rescue

squad

CHILD LABOR LAWS

See,

Code of Virginia

§ 40.1-79.01

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If you are 12 or older, you may:

Work on any farm, garden, or orchard belonging

to

someone

else

Deliver newspapers

Referee at a sporting event for a charitable or government organization

If you are between 12 and 18, work as a page or clerk for the Virginia General

Assembly

For any of these jobs, you need your parents

’

permission.

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If you are 14 or 15 you may work:

In any office job

In a hospital or nursing home doing kitchen duties and room and hallway cleaning

As a cashier for a dry cleaners as long as no processing is done on the premise

In food service cleaning dishes, waiting on tables (but not serving alcoholic beverages), and as a cashier or kitchen helper (with restrictions)

At bowling alleys

At a swimming pool as a gatekeeper or in concessions

On a beach handling beach equipment

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Coal or lumber yard

Hotel room services

Dance studio

Veterinarian business, while treating farm animals or horses

Warehouse work

Construction

Providing care for residents in a hospital or nursing home

Processing in dry cleaners or laundries

Undertaking establishment or funeral home

Curb service restaurant

Hotel/motel room service

Prohibited jobs for minors under

16

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Ushers in a theater

Outdoor theater

Cabaret, carnival, fair, floor show, pool hall, club, or roadhouse

Lifeguard at a beach

See

,

Code of Virginia

Title 40.1

Prohibited jobs for

minors,

cont.

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In a mine

In any occupation that exposes them to a recognized hazard capable of causing serious physical harm or death, including logging, manufacturing, or storage of explosives

Manufacturing paints, colors, or white lead

Establishments where consumption of alcoholic beverages is the main business

As a driver or helper on a truck or commercial vehicle with more than 2 axles

See,

Code of Virginia

§ 40.1-100

Prohibited

work for those under 18

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Hours minors can work

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School Year

Summer

(defined as June 1 to Labor Day)

Between the Hours of 7 AM and 7 PM

Not during school time

With a paper route can start

delivering at 4 AM

Between the hours of 7 AM and 9 PM

With a paper route can start

delivering at 4 AM

3 hours per day on a school day

8 hours per day on a non-school day

18 hours a week for a school week

40 hours a week in a non-school week

8 hours per day on a non-school day

40 hours a week in a non-school week

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Persons may not work during school hours unless enrolled in a school work-training program with a work training certificate.

The person must be given a 30-minute rest or meal period after five consecutive hours of work.

See,

Code of Virginia

§40.1-80.1

School work-training programs

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Exceptions to the limitations on hours for any teens include work in:

Non-manufacturing parent-owned businesses

Parent-owned farms, orchards, or gardens

Around

parents

’

or

someone else

’

s home

For the state or local government

Performing or acting

Activities for a volunteer rescue

squad

See

Code Virginia

§ 40.1-79.01

Exceptions to limitations on hours

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No employee working in the capacity of a server can be under the age of 18.

No bartender can be under the age of 21.

Staff such as busboys, cooks, and kitchen help can be any age.

If the restaurant serves only beer, an individuals who is 18 years old may act in the capacity of a bartender.

See, 3 VAC 5-50-50

Work in

restaurants where alcohol

is

served

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In a store that sells alcohol to be consumed off premises (such as a grocery or convenience store), someone under 17 with a proper employment certificate can work as a clerk or cashier selling the products as long as this is not their primary function and there is an ABC manager on duty on the premise.

See,

Code of Virginia

§ 40.1-100 and 3 VAC 5-50-40

Work in

a store where alcohol

is

sold

CHILD LABOR LAWS

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If you are under 18, you generally cannot be employed as a driver.

Those who are at least 17 may drive automobiles or trucks on public roadways if:

the automobile does not exceed 6,000 pounds gross vehicle weight

the vehicle is equipped with seat belts

the employer requires the employee to use the seatbelts

the driving is done during daylight

hours

Restrictions on driving

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Younger

employees must have successfully completed a state-approved driver education course and the driving

cannot

involve:

The towing of vehicles

Route deliveries or route sales

The transportation for hire of property, goods or passengers

Urgent, time-sensitive deliveries such as food

The transporting at any time of more than three passengers, including the employees of the employer

Restrictions on driving,

cont.

CHILD LABOR LAWS

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Minors who are at least 16 may participate fully in all activities of a volunteer fire company if:

they have obtained a level one firefighter certification and have their parents

’

permission and

there is a town, city, or country ordinance in place permitting persons 16 years of age or older to participate.

See

Code of Virginia

§40.1-79.1

and

http://www.vafire.com

Volunteer fire fighting

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It is illegal for an employer to endanger your life, health or morals or cause you to be overworked, tormented, or cruelly treated.

Code of Virginia

§ 40.1-

103

Civil Penalties – a penalty up to $10,000 may be assessed for any violation that results in serious injury or death of a minor or a penalty of up to $1,000 may be assessed for other violations of child labor laws

.

Code of Virginia

§§ 40.1-100.1 and 40.1-114

Responsibilities of employers

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Prescribed under a law on cruelty and injuries to children

.

Code of Virginia

§ 40.1-103 makes it unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health, or morals may be endangered, or cause or permit such child to be overworked, tortured, tormented, mutilated, beaten, or cruelly treated. Any person violating this section shall be guilty of a

Class 6

felony

.

Criminal penalties

CHILD LABOR LAWS

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You have learned:

Child labor laws in Virginia protect the health and safety of children, prevent exploitation, and protect their educational opportunities.

State regulations define hazardous occupations and bar workers under 18 from these occupations and law bars minors from working in job conditions considered to be unhealthy, unwholesome, or dangerous.

How to obtain an employment certificate and an age certificate and which jobs require which documents

.

Review and recap

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That some occupations require workers to be at least 16 years of age, and some require workers to be at least 18.

That in most cases minors must work outside of school hours.

Additional laws govern jobs involving sales of alcohol and driving vehicles.

Employers who disobey these laws are subject to fines and criminal penalties.

Review and recap,

cont.

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Virginia Department of Labor and Industry

http://www.doli.virginia.gov

Information on

employment certificates:

http://www.doli.virginia.gov/laborlaw/employment_certificate_instructions.html

United States Department of Labor

http://www.dol.gov

http://www.youthrules.dol.gov/

To learn more

CHILD LABOR LAWS

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