77 1-866-487-9243 child labor rich nelson, labor law specialist ne dept. of labor (402) 471-4711...

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1-866-487-9243

Child Labor

Rich Nelson, Labor Law SpecialistNE Dept. of Labor(402) [email protected]

Wage and Hour Division www.dol.gov

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Purpose of Child Labor Laws

State and Federal Child Labor Laws are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.


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Nebraska Child Labor Law


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Hours and Times When 14 and 15 Year-Olds May Work

Up to 8 hours per day

Up to 48 hours per week

Between 6 AM and 10 PM

Must be outside of school hours


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Other State Requirements

Minors under 16 years of age are required to obtain an Employment Certificate prior to beginning a job.

Employment Certificates are issued by the public school district in which the minor resides. Certificates are valid for 1 year.

Employer must keep a copy on file and return it to the school when employment ends or the minor turns 16 years of age.


1-866-487-9243Wage and Hour Division www.dol.gov

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Other State Requirements (Cont.)

The employer is required to post a printed notice (Child Labor Form #110) in the minor’s work area stating the hours of work and the time allowed for meals (if meal breaks are provided).


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Work 14 and 15 Year-Olds May Not Do

No minor under the age of 16 may be employed in work in which:

It is dangerous to life or limb His or her health may be injured orHis or her morals may be depraved


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Penalties for Violations

Whoever employees a minor under the age of 16 in violation of the Nebraska Child Labor Laws is guilty of a Class II misdemeanor--up to 6 months imprisonment, or a $1,000 fine, or both

Continued violations: Guilty of a Class II misdemeanor for every day such violations continue to occur


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NE and Federal Child Labor Laws are Different

When both laws apply, the law with the more stringent standard must be followed.

In all cases, minors under 16 years of age must obtain an Employment Certificate.


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Federal Child Labor Law

Approximately 90% of all minors working in the United States are covered by the Federal child labor law, which are enforced through the U.S. Dept. of Labor



Federal Child Labor Law Does Not:

Require minors to obtain work permits;

Limit hours or restrict time worked for minors 16 years of age or older;

Require breaks or meal periods for minors.


Hours that 14 and 15 Year-Olds May Work

Up to 3 hours on a school day, including Fridays;

Up to 18 hours during a week when school is in session;

Up to 8 hours on a non-school day; Up to 40 hours during a week when

school is not in session.


Times When 14 and 15 Year-Olds May Work

Between 7 AM and 7 PM; or

Between 7 AM and 9 PM from June 1 through Labor Day; and

Outside school hours


Retail & Service Jobs 14 and 15 Year-Olds May Do

Office and clerical work Cashiering and selling Price marking, assembling

orders, packing Bagging and carrying out

customers’ orders



Errands and deliveries by foot, bike, bus or train

Certain clean-up work Pumping gas and hand cleaning cars

Kitchen work, preparing and serving food (BUT very limited cooking)



Most cooking is prohibited, but 14 and 15 year-olds may:

• Cook with electric or gas grills that do not entail cooking over an open flame, and

• Cook with deep fryers that are equipped with and utilize automatic devices that raise and lower the baskets in and out of the hot oil or grease.



14 and 15 year-olds may:

– Clean kitchen surfaces and non-powered equipment, and

– filter, transport, and dispose of oil and grease

But only when the temperature of the surfaces, equipment and liquids do not exceed 100°F.


Work 14 and 15 Year-Olds May Not Do

Operating/cleaning power-driven equipment (e.g., food slicers and grinders, choppers or cutters, and bakery mixers

Building repairs Work in freezers and meat coolers Outside window washing Baking


Work 14- and 15-Year-Olds May Not Do

Loading/unloading goods to and from trucks, railcars, or conveyors

Work in areas where meats are prepared for sale

All occupations declared to be hazardous for 16 and 17 year-olds


Hazardous Occupations

The Federal child labor law prohibits minors under age 18 from performing occupations that the Secretary of Labor declares to be particularly hazardous or detrimental to their health and well-being. Currently, there are 17 Hazardous Occupation Orders (HOs).


Hazardous Occupations Orders

1 through 5

HO 1. Manufacturing or storing explosives HO 2. Driving a motor vehicle or work as

an outside helper on motor vehicles HO 3. Coal mining HO 4. Logging and sawmilling HO 5. Power-driven woodworking

machines


Hazardous Occupations Orders6 through 9

HO 6. Exposure to radioactive substances and ionizing radiation

HO 7. Power-driven hoisting apparatus

HO 8. Power-driven metal-forming, punching and shearing machines

HO 9. Mining, other than coal


Hazardous Occupations Orders 10 through 13

HO 10. Power-driven meat-processing machines, slaughtering and meat packing plants

HO 11. Power-driven bakery machines HO 12. Power-driven paper-products

machines, scrap paper balers, and paper box compactors

HO 13. Manufacturing of brick, tile and related products


Hazardous Occupations Orders 14 through 17

HO 14. Power-driven circular saws, band saws and guillotine shears

HO 15. Wrecking, demolition, and shipbreaking operations

HO 16. Roofing HO 17. Trenching and excavation

operations


“Operation” Means

The term "operation" as used in

HO’s 5, 8, 10, 11, 12 and 14

generally includes the tasks of

setting up, adjusting, repairing,

oiling, and cleaning the equipment.


HO 2. Driving or Outside Helper on Motor

Vehicles

Generally prohibits youth from driving motor vehicles on public roads, but certain 17-year-olds may perform driving that is occasional and incidental under certain circumstances.

Bans working as an outside helper on motor vehicles. An outside helper is anyone, other than the driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods.


HO 2. Driving or Outside Helper on Motor Vehicles

Minors under age 17 may not drive on public roads as part of their job.


HO 7. Power-Driven Hoisting

Apparatus

Bans the operation of most power-driven hoisting apparatus such as elevators, bobcats, cranes, and most high lift trucks, including forklifts.


HO 10. Power-Driven Meat Processing Machines

Bans the operation of power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used.

Also bans occupations in meat processing, and packing.


HO 10. Power-Driven Meat Processing

Machines

Minors may not use a meat slicing machine even on items other than meat, such as cheese and vegetables.


HO 11. Power-Driven Bakery Machines

Bans the operation of power-driven bakery machines such as vertical doughmixers, battermixers (including most countertop models), dough rollers and doughsheeters.


H 12. Power-Driven Paper-Products Machines,Scrap Paper Balers and

Paper Box Compactors

Bans the operation of power-driven paper-products machines, including scrap paper balers and paper box compactors.


HO 12. Power-Driven Paper-Products

Machines,Scrap Paper Balers and

Paper Box Compactors

Scrap Paper Balers and Box Compactors:

16 and 17 year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines.


Penalties for Violations

Employers who violate the youth employment provisions are subject to a civil money penalty of up to $11,000 for each violation.

Federal law prohibits the interstate movement of goods produced where youth employment violations are found.


Compliance Assistance

www.youthrules.dol.g

ov The Department of Labor launched YouthRules! to help employers, parents, teachers, and working teens understand and comply with federal and state youth employment provisions.

Visit the YouthRules! Website for important information that will help young workers find and maintain positive and safe employment.


Additional Information

Visit the WHD homepage at: www.wagehour.dol.gov

Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: www.dol.gov/elaws

Contact the nearest Wage and Hour Division Office. For the Omaha office, call 402-221-4682

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Teens in the Workforce

Approximately 6 million teens are working in the U.S. workforce

Over 50% of all 16-17 year olds work More than 25% of all 15 year olds

work

Teens are working during more weeks of the year at more types of jobs.


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Where Teens Are Working

51% are working in retail 34% are working in the service industryIn terms of raw numbers, retail

establishments, restaurants, and grocery stores are 3 of the largest employers of teen workers.


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How Much Do Teens Work?

Usually after a full day of school:

15 year olds average 17 hours of work

16-17 year olds average 21 hours of work per week


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Teen Work Injury Statistics

Teens are injured at higher rates than adults—16 per 100 teens compared to 9 per 100 adults

230,000 teens are injured annually, 158,000 of them are under age 18

100,000 teens visit the ER each year, 52,000 of them under age 18


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Teen Work Injury Statistics (Cont.)

70 teens are killed on the job each year 38 of these teens are under 18 years old

The Centers for Disease Control found the greatest number of deaths occurred in Services (32%), Construction (28%), Wholesale and Retail (10%), and in Agriculture (10%)


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Types of Injuries to Teens

Cuts and lacerations (34%) Bruises and contusions (18%) Sprains and strains (16%) Burns (12%) Fractures (4%)Examples: Hot surfaces/grease, wet floors, sharp

knives, falling objects, violence, vehicles, cleaning products and other chemicals


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Why Teens Get Hurt

Inexperience Teen jobs are in industries with

higher than average injury rates Inadequate health and safety

training Unfamiliar with workplace hazards Not enough supervision Fatigue


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Why Teens Get Hurt

They perform jobs for which they aren’t trained—sometimes without being asked

Working with dangerous tools and equipment

Being afraid of losing their job if they speak up



Tips for Employers

Verify ages of young employees Know the child labor laws Train managers on child labor laws Provide minor employees

information on child labor laws Tell minors to ask questions


More Employer Tips

Review time records for minors Post warning labels on prohibited

equipment Make compliance important Encourage minors to say “no” if

asked to do something that is prohibited or they do not feel they can do safely

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Wage Payment & Collection Act (WPCA)

All wages are due employees on regularly scheduled days designated by the employer or agreed upon between the employer and employee

You must provide 30 days notice when changing a scheduled pay day

Unless it’s due to taxes or a court ordered garnishment, an employee’s written authorization is required before an employer is allowed to deduct, withhold, or divert a portion of the employee’s wages• For Example: If an employee steals merchandise or damages

property, you must have their written authorization (written agreement) to make a deduction for reimbursement. OTHERWISE, YOU CAN’T MAKE THAT DEDUCTION FROM THEIR PAYCHECK. You must pursue collection in court for any damages.


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WPCA Continued…

Deductions from a paycheck cannot bring an employees hourly wage below $7.25 per hour• This will be considered a minimum wage violation

Uniform Deductions: With written authorization, the employer is allowed to make a deduction for uniforms• The deduction must not bring the hourly pay below

$7.25• If the uniform is required to be returned at separation

of employment and it is not, you must have a written statement to make the deduction for the uniform

• If you make an employee pay for a uniform, they should not be required to return it


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WPCA CONTINUED…

Employees must be paid at the rate of pay previously agreed to

If an employees pay is lowered, you must provide advance notice of doing so, in advance of the work being performed• You cannot reduce pay for hours already worked• EFFECTIVE JULY 18, 2014 Each payday employers are

required to provide a paystub to employees showing, at the minimum: The identity of the employer, the hours for which the employee was paid, the wages earned and the deductions made from the employee’s wages. Unless an employer has a policy/practice of paying its salaried exempt employees OT, a bonus, or a payment based on hours worked, the paystub need not reflect the hours worked


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SEPARATION FROM EMPLOYMENT

There is no law that requires a two week notice Nebraska is an employment-at-will state An employee may quit a position for any reason or no reason

whatsoever An employer may terminate an employee for any reason or no

reason whatsoever, PROVIDED• It is not due to illegal discriminatory reasons, such as race,

color, religion, gender, disability, pregnancy, national origin• A violation of public policy, such as filing a work comp claim

ALL final wages, including earned but unused vacation/PTO, must be paid on the next regular scheduled payday or within 2 weeks of the termination date, whichever is sooner.


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MORE ABOUT VACATION/PTO PAYOUTS

Once vacation/PTO is earned, it can’t be taken away. For example: A policy saying that unless notice is given and the notice period is worked, the vacation/PTO will not be paid out would be in violation of the WPCA.However, you CAN set a cap on the amount of leave an employee accrues until a certain amount of the earned vacation/PTO is used.


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FISHER VS. PAYFLEX May 3, 2013

• Nebraska Supreme Court ruled that Paid Time Off is the same as vacation under the Nebraska Wage Payment & Collections Act and is now required to be paid upon termination

July 11, 2013• Payflex filed an appeal on the decision, but it was dismissed without

review• Payflex offered PTO to its employees.• ALL of the PTO could be used for whatever reason, sick leave or vacation

leave• Since Payflex allowed for the PTO to be used entirely as vacation, it had to

be paid out Example: An Employer Offers 40 Hours of Paid Time Off per year

• If the employer’s policy specifically states that of the 40 hours, 20 may be used for vacation and 20 for sick leave, then the 20 hours must be paid out

• If the employer allows employees to use all 40 for vacation or personal leave, than all 40 hours must be paid out.

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ALSO EFFECTIVE JULY 18, 2014

The Commissioner of Labor will issue citations for violation of the WPCA

1st violation is up to $500 and not more than $5,000 in the case of a 2nd or subsequent violation

Employer has 15 working days to appeal the citation, after which an administrative hearing is held


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THERE’S MORE…

Effective January 1, 2015, there are provisions regarding the payment of wages by payroll debit card (paycard):

The employer must allow at least 1 means of fund access withdrawal per pay period at no cost to the employee (up to the entire net wages)

Cannot require any fees or costs to be incurred by the employee in connection with paying wages with a paycard

Wage and Hour Division

www.dol.gov

77 1-866-487-9243 child labor rich nelson, labor law specialist ne dept. of labor (402) 471-4711...

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