(a) Section 3(1) of the Act defines ``oppressive child labor'' as
follows:
Oppressive child labor means a condition of employment under which
(1) any employee under the age of sixteen years is employed by an
employer (other than a parent or a person standing in place of a parent
employing his own child or a child in his custody under the age of
sixteen years in an occupation other than manufacturing or mining or an
occupation found by the Secretary of Labor to be particularly hazardous
for the employment of children between the ages of sixteen and eighteen
years or detrimental to their health or well-being) in any occupation,
or (2) any employee between the ages of sixteen and eighteen years is
employed by an employer in any occupation which the Secretary of Labor
shall find and by order declare to be particularly hazardous for the
employment of children between such ages or detrimental to their health
or well-being, but oppressive child labor shall not be deemed to exist
by virtue of the employment in any occupation of any person with respect
to whom the employer shall have on file an unexpired certificate issued
and held pursuant to regulations of the Secretary of Labor certifying
that such person is above the oppressive child labor age. The Secretary
of Labor shall provide by regulation or by order that the employment of
employees between the ages of fourteen and sixteen years in occupations
other than manufacturing and mining shall not be deemed to constitute
oppressive child labor if and to the extent that the Secretary of Labor
determines that such employment is confined to periods which will not
interfere with their schooling and to conditions which will not
interfere with their health and well-being.
(b) It will be noted that the term includes generally the employment
of young workers under the age of 16 years in any occupation. In
addition, the term includes employment of minors 16 and 17 years of age
by an employer in any occupation which the Secretary finds and declares
to be particularly hazardous for the employment of children of such ages
or detrimental to their health or well-being. Authority is also given
the Secretary to issue orders or regulations permitting the employment
of children 14 and 15 years of age in nonmanufacturing and nonmining
occupations where he determines that such employment is confined to
periods which will not interfere with their schooling and to conditions
which will not interfere with their health and well-being. The
subsection further provides for the issuance of age certificates
pursuant to regulations of the Secretary which will protect an employer
from unwitting employment of oppressive child labor.
