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Every state has laws specifically dealing with child labor issues.
When federal and state standards are different, the rules that provide the most
protection to youth workers will apply. Employers must comply with both federal
law and applicable state laws.
Federal child labor rules are established by the
Fair Labor Standards Act (FLSA)
FLSA rules affect full- and part-time workers in the private sector and in the
federal, state, and local governments. The rules vary depending on the age of
the youth worker and his or her occupation.
The FLSA "covers" or applies to all employees of certain
enterprises. All employees of an enterprise, as defined by the FLSA, are
covered regardless of the duties they perform. An important factor in
determining coverage is interstate commerce, the generation of income over
state lines by various means. If an employer engages in interstate commerce of
any kind, its employees are covered by the FLSA and child labor laws in its
state. If an employee is not an employee of one of these enterprises, he or she
may still be covered if the employees own duties meet certain interstate
commerce requirements. In addition, if a business generates income of $500,000
per year, it is subject to federal labor laws.
Section 12(a) of the FLSA covers youth employed in an
establishment in which goods are produced for commerce. Under this provision,
the youth does not have to be personally engaged in the production of goods for
interstate commerce to be protected by the child labor provisions of the FLSA.
As long as somewhere in or about the establishment where the youth is employed,
or within 30 days of the youth's employment, goods are produced and removed for
shipment in commerce, the youth is protected by the child labor provisions of
the FLSA.
DOL Web Pages on This
Topic
State Labor
Offices/State Laws Information on state minimum wage rates and other
state child labor topics.
State Departments of Labor
Web Sites Links to state departments of labor Web sites and contact
information for each department.
elaws Fair Labor
Standards Act (FLSA) Advisor Child Labor Rules This Advisor
answers questions about workers and businesses that are subject to the FLSA's
child labor rules.
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