Overview of Federal Child Labor laws

THE U.S. DEPARTMENT OF LABOR’S WAGE AND HOUR DIVISION (WHD)

The U. S. Department of Labor’s Wage and Hour Division (WHD) is responsible for administering and enforcing laws that establish the minimally acceptable standards for all employee wages as well as working conditions, regardless of immigration status.

THE FAIR LABOR STANDARDS ACT (FLSA)

Jobs Youth Can Do: (By Age Group)

Family and Medical Leave Act

Migrant and Seasonal Agricultural Worker Protection Act

 

THE FAIR LABOR STANDARDS ACT (FLSA)

The Fair Labor Standards Act (FLSA) affects most private and public employment. The FLSA requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week.

Covered employees must be paid for all hours worked in a workweek. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is suffered or permitted to work. This would generally include work performed at home, travel time, waiting time, training, and probationary periods.

• Federal Minimum Wage = $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009

• Tipped employees may be paid $2.13 per hour; if an employee’s tips combined with cash wage does not equal the applicable minimum wage, the employer must make up the difference

• Overtime after 40 hours in a week = 1 ½ times an employee’s regular rate of pay

Youth Employment. The FLSA also regulates the employment of youth.

Jobs Youth Can Do:

• 13 or younger: baby-sit, deliver newspapers, or
work as an actor or performer

• Ages 14-15: office work, grocery store, retail
store, restaurant, movie theater, or amusement
park

• Age 16-17: Any job not declared hazardous

• Age 18: No restrictions
Hours Youth Ages 14 and 15 Can Work:

• After 7 am and until 7 pm

• (Hours are extended to 9 pm June 1–Labor Day)

• Up to 3 hours on a school day

• Up to 18 hours in a school week

• Up to 8 hours on a non-school day

• Up to 40 hours in a non-school week

Note: Different rules apply to youth employed in agriculture. States also regulate the hours that youth under age 18 may work. To find State rules, log on to www.youthrules.dol.gov

Family and Medical Leave Act

The Family Medical Leave Act (FMLA) applies to employers who employ 50 or more employees and public agencies. Covered employers are required to provide eligible employees up to 12 weeks of unpaid leave each year for:

1) The birth of a child
2) The placement of an adopted or foster child
3) To care for a child, spouse, or parent with a serious health condition
4) For the employee’s own serious health condition

The FMLA also requires covered employers to continue health benefits coverage during the leave. After completion of the leave, the employee must be restored to the same or equivalent position.

Migrant and Seasonal Agricultural Worker Protection Act

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires farm labor contractors, agricultural employers, and agricultural associations who "employ" workers to:

1) Pay workers the wages owed when due
2) Comply with federal and state safety and health standards if they provide housing for migrant workers
3) Ensure that vehicles that they use to transport workers are properly insured, operated by licensed drivers and meet federal and state safety standards
4) Provide written disclosure of the terms and conditions of employment U.S. Department of Labor Employment Standards Administration

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ERISA LAWS
ERISA sets minimum standards for participation, vesting, benefit accrual and funding of employee retirement accounts so funds placed in those plans will be there when they retire.

ERISA FAQS
Click here for answers to frequently asked and answered Employee Retirement Income Security Act of 1974 (ERISA) Law questions.

FAMILY LEAVE ACT
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave. Click here for info on the FMLA.

THE CIVIL RIGHTS ACT OF 1964
Makes it unlawful to refuse to hire, fire or segregate any person from the privileges of employment, because of the individual's race, color, religion, sex, or national origin. 
    
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