STRATEGIC PARTNERS
Significant revisions of the federal regulations covering child labor took effect this year, and employers are paying a steep price for not being in compliance.
September 28, 2005
"Whether you employ teenagers year-round or just in the summer, you need to know the law regarding youth employment," says Ashley Kaplan, head of the labor law team at Sunrise-based G.Neil Corp. "The U.S. Department of Labor takes a dim view of employers who violate the child labor provisions of the FLSA (Fair Labor Standards Act), and it can fine you up to $11,000 per violation."
Wal-Mart, for example, recently agreed to pay $134,540 for child labor violations in three states.
To protect yourself from these risks, she says, take action to educate yourself, your managers and your HR staffers who participate in the hiring process to keep abreast of the changing legal landscape.
Highlights of Recent Child Labor Law Changes: -- Previously, 14- and 15-year-old employees could only do light cooking in a restaurant if it was done "in plain view" of the customers. The new FLSA regulations ban all cooking unless it is done on electric and gas grills (but not with open flames) or deep fryers that automatically raise and lower the baskets into the hot oil. -- Now, 14- and 15-year-olds can only clean, repair and maintain cooking equipment when the surface temperature of the equipment does not exceed 100 degrees. -- The new FLSA regs prohibit minors from working on or near roofs or in any related activity. Teen Driving Under Stricter Regulation Now
Current FLSA regulations prohibit teens 16 and under from on-the-job driving on public roads. However, 17-year-olds may perform driving for the employer, but only under such circumstances as when:
-- The teen driver has a state license that's valid for that kind of driving and had no record of moving violations at the time of hiring. -- The 17-year-old has successfully completed a state-approved driver education course. -- The vehicle weighs no more than 6,000 pounds, is equipped with seatbelts, and the employer has ordered the teen driver to use them at all times. -- The driving does NOT involve: towing vehicles; route sales or deliveries; paid transportation of passengers, goods or property; urgent or time-sensitive deliveries. -- The driving is for no longer than a 30-mile radius from the employer's place of business. -- The driving is only "occasional and incidental" - for no more than one-third of the employee's daily work time, and no more than 20 percent of his or her work time in a workweek.
"If your company employs teenagers," Kaplan advised, "make sure you are familiar with the applicable state and federal laws. One good way is with our Wage & Hour Law Understood guidebook for employers. It's easy to understand, fully updated and quite affordable."
G.Neil, which has specialized in labor law and human resource solutions for more than 16 years, offers numerous tools to help employers meet their HR challenges. For more information or to request a catalog, call toll-free 1-800-999-9111 or visit http://www.gneil.com.
For More Information, Contact: Ashley Kaplan akaplan@gneil.com 954-846-8899
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SOURCE G.Neil Corp.
Ashley Kaplan, G.Neil Corp., +1-954-846-8899, akaplan@gneil.com
