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Aug. 21, 2023
This paid piece is sponsored by Woods, Fuller, Schultz & Smith PC.
By shareholder Amanda Bahena and attorney Jesse Flynn
Child labor violations have been on the rise. If you own a business, are an employer, work in human relations, oversee scheduling at your place of business, are a parent of a minor or are a minor, child labor laws may impact you. Regardless, having awareness of child labor laws better protects the educational opportunities of youth and guards against their employment in jobs that are detrimental to their health and safety.
Most states have standards for youth employment. Did you know the state of Iowa required 10- to 15-year-olds to have a work permit? Those laws are no longer effective as of July 1. Iowa joins South Dakota and Minnesota in not requiring child labor permits. However, all three states have age and hour requirements for children.
Chapter 92 of the Iowa Code, Chapter 60-12 of the South Dakota Code and Chapter 181A of the Minnesota Code specify the requirements for child labor in those states. Additionally, there are federal child labor laws that are found in Chapter 8 of Title 29 in the United States Code. In the chart below, the federal and state’s general age and hour specifications are summarized.
When there are differences between federal and state standards, the rules that provide the most protection for young workers will apply. It is important to note that there are many exceptions to the age and hour requirements summarized in the chart. For instance, exceptions may be granted for work-based learning and apprenticeship programs as well as agricultural jobs. Further, under South Dakota law, a work permit may be issued if minors need to support their family.
One way employers in Minnesota can protect themselves is through age and employment certificates. By employers keeping certificates on file to show the minor is the minimum age for the job, these certificates offer protection from unintentional violation of child labor laws.
Labor laws are complex and ever changing. Woods Fuller has a team of experienced attorneys in labor and employment law who would be happy to provide the guidance and support you seek.
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