New Child Labor Laws For 2005

NEW CHILD LABOR LAWS REGARDING MINORS WHO DRIVE OR COOK IN THEIR EMPLOYMENT

On February 14, 2005, the federal Fair Labor Standards Act ("FLSA") was amended to include new regulations governing child labor rules. These new regulations affected the following areas: (1) minors who drive in their employment; (2) minors who cook in their employment; (3) minors who are involved with loading, unloading, or operating scrap paper bales and paper box compacting machines; and (4) minors involved in roofing. These revised regulations went into effect immediately and also increased the penalties for any child labor violations. This article focuses on the revisions made for minors who drive and cook in their employment. For more detailed information concerning the other revised areas listed above, employers may contact the Department of Labor or visit the Department of Labor´s website at www.dol.gov.

Minors Who Drive In Their Employment:

Due to an increase in the number of automobile accidents involving minors, the FLSA was revised to include additional restrictions on minors who drive in their employment. Under these new regulations, sixteen-year-olds are completely prohibited from driving on public roads for their employment. Seventeen-year-olds are still permitted to drive for work-related activities, but only under very limited circumstances. These limitations are: (1) the vehicle or truck does not exceed 6,000 pounds; (2) daylight hours only; (3) the minor has a state license for the type of driving being performed and has no driving violations; (4) the minor has completed a state-approved driver´s education course; (5) the driving does not include towing vehicles, route sales or deliveries, the transportation of goods, property, or passengers for hire, the transportation of more than three passengers, or urgent-time sensitive deliveries; (6) the driving does not include more than two trips away from the primary place of employment within a single day; (7) the driving takes place within a 30 mile radius from the employer´s place of employment; and (8) the driving is only "occasional and incidental" to the employee´s employment.

The terms "urgent, time-sensitive deliveries" and "occasional and incidental" were specifically defined in the new regulations to avoid any confusion. "Urgent, time- sensitive deliveries" is defined as trips which, because of such factors as customer satisfaction, product deterioration, or economic incentives, are subject to time-lines or schedules and may cause the minor to rush in order to complete the delivery. Such deliveries include deliveries of pizza and other prepared foods, delivery of materials under a deadline such as bank deposits, and shuttling passengers to and from destination points to meet transport schedules. The term "occasional and incidental" was defined as no more than one-third of a minor employee´s work time in any work day, and no more than 20 percent of a minor employee´s work time in a work week.

Minors Who Cook In Their Employment:

Previously, fourteen and fifteen-year-old workers were permitted to engage in certain cooking activities as long as they were within "plain view" of customers. The revised regulations eliminate this standard and specifically set forth the cooking activities that these minor employees may perform. Under the revised regulations, a fourteen and fifteen-year-old worker may perform kitchen work and other work involved in preparing food and beverages, including operating dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, coffee grinders, and automatic coffee machines, devices used to maintain the temperature of food such as warmers, heat lamps, or steam tables, and microwaves to warm food as long as the microwave does not have the capacity to exceed 140 degrees Fahrenheit.

Fourteen and fifteen-year-old workers are also now allowed to clean kitchen equipment including removing oil or grease filters, pouring oil or grease filters into receptacles, and moving receptacles containing oil and grease, as long as the equipment, surfaces, or containers do not exceed 100 degrees Fahrenheit.

Finally, fourteen and fifteen-year-old workers are completely prohibited from cooking or baking, except under the following circumstances: (1) cooking on electric or gas grillers that do not have an open flame; and (2) cooking with deep fryers that have a device that automatically lowers and raises the baskets into the hot oil and grease. Electric and gas grillers do not include equipment such as rotisseries, broilers, pressurized equipment including fryolaters, and equipment that operates at very high temperatures such as a "Neico broiler."

These new limitations on minor employees are in addition to the already existing restrictions provided by the FLSA. For more information concerning these new limitations or any other concerns regarding child labor, please contact: Department of Labor at 1-866-4-USA-DOL or visit their website at www.dol.gov.