6
Laws, Regulations, and Training

The hours of work and types of jobs that children and adolescents may perform are regulated at both the state and federal levels by a variety of agencies. In general, businesses involved in interstate commerce are subject to federal laws. Businesses not subject to federal regulation may be covered under state laws, which often differ from each other and from federal laws.

The principal federal law that addresses the protection of children at work is the Fair Labor Standards Act (FLSA). This act allows for the regulation of the hours and types of work performed by individuals under the age of 16 so that their 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" (29 U.S.C. §203 (1)). The FLSA does not authorize the regulation of the hours worked by 16-and 17-year-olds, but it does permit the Secretary of Labor to specify certain jobs as hazardous and prohibit 16-and 17-year-olds from working in those jobs. Not all working children are covered by the federal child labor provisions. The FLSA applies only to businesses that are engaged in interstate commerce and have annual gross income in excess of $500,000. According to the Department of Labor, 6.5 million work-places with 110 million employees are subject to FLSA; there are no data on how many of these employees are children or adolescents.



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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States 6 Laws, Regulations, and Training The hours of work and types of jobs that children and adolescents may perform are regulated at both the state and federal levels by a variety of agencies. In general, businesses involved in interstate commerce are subject to federal laws. Businesses not subject to federal regulation may be covered under state laws, which often differ from each other and from federal laws. The principal federal law that addresses the protection of children at work is the Fair Labor Standards Act (FLSA). This act allows for the regulation of the hours and types of work performed by individuals under the age of 16 so that their 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" (29 U.S.C. §203 (1)). The FLSA does not authorize the regulation of the hours worked by 16-and 17-year-olds, but it does permit the Secretary of Labor to specify certain jobs as hazardous and prohibit 16-and 17-year-olds from working in those jobs. Not all working children are covered by the federal child labor provisions. The FLSA applies only to businesses that are engaged in interstate commerce and have annual gross income in excess of $500,000. According to the Department of Labor, 6.5 million work-places with 110 million employees are subject to FLSA; there are no data on how many of these employees are children or adolescents.

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States At the state level, child labor regulations and levels of protection vary widely. Children are protected differently depending on whether they work in agricultural or nonagricultural jobs, in the public or private sector, and in small or big businesses. The laws and rules of most states provide less protection for children than do the federal laws and rules, although a few states provide more protection. Whether child labor laws are applicable to children and adolescents working in certain new federal programs is unclear. The School-to-Work Opportunities Act, for example, requires only that students receive broad instruction, to the extent practicable during the work-based component of the program, on all aspects of the industry in which they are working (20 U.S.C. §6113 (a)(5)); there is no specific requirement that the school-based portion of the curriculum address health and safety issues, including training in on-the-job hazards. Although not specifically aimed at children, other laws and programs are also relevant for children and adolescents who work. Most important among these is the Occupational Safety and Health Act, passed in 1970, which addresses the safety and health of all workers. Some aspects of the Federal Insecticide, Fungicide, and Rodenticide Act are relevant to children's and adolescents' exposure to pesticides. Workers' compensation laws also affect youngsters' work experiences and protection. This chapter first reviews the laws and regulations that apply to children and adolescents in the workplace and discusses issues related to the enforcement and effectiveness of the laws and regulations. The chapter then discusses health and safety training efforts. LAWS AND REGULATIONS PERTAINING TO CHILD LABOR Fair Labor Standards Act The Fair Labor Standards Act of 1938, as amended (29 U.S.C. Chapter 8 §201 et seq.), provides for the health and welfare of working people and authorizes the U.S. Department of Labor to establish special rules for the protection of children. These rules, issued by the Employment Standards Administration, set limits on the hours and times that children under the age of 16 may work; describe—in documents called hazardous orders—specific work that

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States cannot be performed by children under the age of 18 in nonagricultural jobs and under the age of 16 in agricultural jobs; and establish minimum ages for various types of work. The act prohibits "oppressive child labor in commerce," which it defines as work that may be detrimental to children's health or well-being. Another stated purpose is to ensure that the employment of 14-and 15-year-olds does not interfere with their schooling. In general, these standards represent an all-or-nothing approach; regulations prohibit some types of employment for children but ignore the conditions of work for youngsters in permissible jobs. By statute, different employment standards apply to children employed in nonagricultural work and those engaged in agricultural work (29 U.S.C. §213 (c); see also, 29 C.F.R. 570 (C)(3)). Hours of work and hazardous orders, even for the same hazard, vary significantly under each set of standards. Few standards in the FLSA apply to all children and adolescents at work. Although the basic minimum age for employment is 14 in nonagricultural occupations (except for those declared hazardous by the Secretary of Labor), there are various exemptions. Minors younger than 14 may work for their parents (except in mining, manufacturing, or the jobs declared hazardous by the Secretary of Labor). They may also be employed in movie, radio, or theatrical businesses and to deliver newspapers. Children working in agriculture are covered under different, less protective standards than are those working in other industries. Children of any age can be employed in any job on a farm owned or operated by their parents. Those who are 12 or 13 may perform any nonhazardous farm job outside of school hours, either with their parents' consent or on the same farm as their parents. A 1977 amendment to the FLSA allows the Department of Labor to grant special waivers for the employment of children aged 10 and 11 to hand-harvest certain seasonal crops outside of school hours, although no such waivers have been granted by the department since 1986.1 1   As a result of a 1980 decision by the U.S. Court of Appeals for the District of Columbia (National Association of Farmworker Organizations et at., v. Marshall, 202 U.S. App. DC 317; 628 F.2d 604), the department has been enjoined from issuing these special waivers if any pesticides have been used on the crops to be harvested.

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States Hours and Times of Work The standards that apply to agricultural and nonagricultural work differ significantly with respect to the hours of work allowable for children and adolescents. For nonagricultural jobs, the FLSA limits the number of hours and the times of day at which work can begin and end for those under the age of 16; youth over the age of 16 are allowed to work unlimited numbers of hours. Most of the specific requirements regarding permissible hours of work for nonagricultural jobs do not apply to agricultural work. The exception is work during school hours. No one under the age of 16 may work during school hours except on a farm owned and operated by the child's parents. As noted above, children working on their parents' farms are completely exempted from coverage under the FLSA: Regardless of age, they may perform any job—whether hazardous or not—with no time restrictions. The general standards for permissible hours of work and starting and stopping times in nonagricultural work are shown in Box 6-1. The permissible age for work, jobs, hours, and start and stop times in agricultural jobs are shown in Box 6-2. Despite federal rules, much is left to the states, which can and often do adopt less stringent standards, particularly regarding hours of work. For example, a number of states allow 14-and 15-year-olds to work more than 40 hours per week while school is in session (National Consumers League, 1992). In the absence of federal regulations limiting the maximum hours of work for 16-and 17-year-olds, some states have adopted their own varying standards, while many states follow the federal lead and have no standards for the hours 16-and 17-year-olds are allowed to work. A few states, such as Washington and New York, have adopted child labor standards that are more stringent than federal protections. For example, New York uses the federal standards for 14-and 15-year-olds, but it also imposes slightly less restrictive hour and time of work limitations on 16-and 17-year-olds. Washington's child labor law is stricter than the federal standard for all adolescents, limiting 14-and 15-year-olds to 16 hours of work per week and 16-and 17-year-olds to 20 hours of work per week while school is in session. State laws are summarized in Table 6-1 (at the end of this chapter). When both federal and state laws are applicable, the FLSA requires that the more stringent law be followed.

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States BOX 6-1Fair Labor Standards Act Restrictions on Hours Worked in Nonagricultural Jobs Individuals aged 18 or older may perform any job, whether hazardous or not, for unlimited hours, in accordance with minimum wage and overtime requirements. Children aged 16 or 17 may perform any nonhazardous job for unlimited hours. Children aged 14 or 15 may work outside school hours in various nonmanufacturing, nonmining, nonhazardous jobs up to: 3 hours on a school day; 18 hours in a school week; 8 hours on a nonschool day; and 40 hours in a nonschool week. Children aged 14 or 15 may work only between the hours of 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. Federal law does not authorize the Department of Labor to regulate the maximum permissible hours for 16-and 17-year-olds, largely for historical reasons: The FLSA was passed in 1938, when many 16-and 17-year-olds were working full-time and not attending school (Greenberger and Steinberg, 1986; Kett, 1977). Now, the vast majority of adolescents are still in school. In 1990, 93 percent of 16-year-olds and 88 percent of 17-year-olds were in school.2 It has been suggested that some 16-and 17-year-old students might drop out of school if their work hours are limited. Although this committee did not thoroughly review the literature on dropping out of school, it appears that multiple factors, many of which precede entry into the work force, may lead youngsters to drop out of school (Steinberg, 1996). Young people who drop out of school do not necessarily enter the work force: Based on 1990 census data, 73 2   School enrollment figures are from an analysis of 1990 census data performed by National Research Council staff.

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States BOX 6-2 Fair Labor Standards Act Rules for Hours Worked in Agricultural Jobs Children aged 16 and older may perform any job, hazardous or not, for unlimited hours. Children aged 14 or 15 may perform any nonhazardous farm job outside of school hours. Children aged 12 or 13 may work outside school hours in nonhazardous jobs, either with parents' consent or on the same farm as parents. Children under the age of 12 may perform nonhazardous jobs outside of school hours with their parents' consent on farms not covered by minimum-wage requirements. Children aged 10 or 11 may be employed to hand-harvest short-season crops outside of school hours, under special waivers. [Note: A court injunction currently blocks the issuing of these waivers if any pesticides have been used on the crops.] Minors of any age may be employed by their parents at any time in any job on a farm owned or operated by their parents. percent of 16-year-olds and 65 percent of 17-year-olds who are not in school are not working, either.3 It has also been suggested that limiting the hours of work may make it more difficult for teens to find jobs. Often, when employment of a particular group is made more difficult or more costly for employers, the employment level of that group declines. However, the experience in Washington state suggests that this may not necessarily be the case for young people. In 1992, Washington state changed its child labor laws to impose a 20-hour per week, 4-hour per day limitation on 16-and 17-year-olds during the school year. The Washington state law also prohibits 16-and 17-year-olds from working past 10:00 p.m. on a night preceding a schoolday. A 1994 study by the Washington state Department of Labor and Industries (Department of Labor and Industries, 1994) found no decrease in the number of jobs available to minors following the new law. Only 15 percent of employers reported negative effects from the change. 3   Committee analysis of 1990 census data.

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States Hazardous Occupation Orders The FLSA allows the Secretary of Labor to designate, by means of documents called hazardous occupation orders (usually referred to as hazardous orders), specific agricultural and nonagricultural employment as hazardous or particularly detrimental to minors' health or well-being. Anyone under the age of 18 is prohibited from working in nonagricultural industries and occupations named in a hazardous order; in agriculture, hazardous orders apply to youth under the age of 16. There are currently 17 federal hazardous orders for nonagricultural occupations and 11 for agriculture (29 C.F.R. 570 (E)). These orders are predominantly related to physical hazards, such as using power tools, operating power-driven machinery, engaging in mining, working with explosives, and driving vehicles with passengers; see Boxes 6-3 and 6-4. The hazardous orders were issued decades ago and have rarely been updated to reflect contemporary work. Some of the restrictions have become irrelevant. At the same time, youngsters in today's workplaces encounter hazards that did not exist, were not recognized, or were not performed by minors when the standards were written. For example, the orders do not address a range of well-recognized occupational health hazards, such as exposures to regulated carcinogens and reproductive toxins, or musculoskeletal risks that may pose different, and possibly higher, risks to young workers (see Chapter 3 for a discussion of the susceptibility of children and adolescents). Few states regulate young people's exposure to bio-hazards, carcinogens, reproductive toxins, toxic sensitizers, and substances that cause irreversible damage to certain organs. (See Washington state law for an example of a state that does regulate these exposures; WAC 296-125-030.) The process for updating the federal hazardous orders has been controlled, since 1993, by the Administrative Procedures Act (5 U.S.C. §553). This act requires that a notice of proposed rule-making be published in the Federal Register; that interested persons be given the opportunity to submit written data, views, or arguments; and that, after consideration of relevant matters, the final rule be published at least 30 days before its effective date. In 1994 the Department of Labor issued an advance notice of proposed rule-making on child labor regulations, orders, and statements of inter-

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States BOX 6-3Nonagricultural Jobs Prohibited by Hazardous Orders Seventeen hazardous nonfarm jobs, as determined by the Secretary of Labor, are prohibited for youngsters under the age of 18. Generally, they may not work at jobs that involve: manufacturing or storing explosives driving a motor vehicle and being an outside helper on a motor vehicle coal mining logging and sawmilling power-driven wood-working machines* exposure to radioactive substances and to ionizing radiation power-driven hoisting apparatus power-driven metal-forming, punching, and shearing machines* mining, other than coal mining slaughtering, or meat packing, processing, or rendering (including power-driven meat slicing machines)* power-driven bakery machines power-driven paper-products machines* manufacturing brick, tile, and related products power-driven circular saws, band saws, and guillotine shears* wrecking, demolition, and ship-breaking operations roofing operations* excavation operations* *   Limited exemptions are provided for apprentices and student-learners under specified standards. SOURCE: U.S. Department of Labor (1990:3). pretation (59 Fed. Reg. 25167 [1994]) and sought the views of the public on any changes it considered necessary in child labor regulations. NIOSH, based on research on jobs that pose hazards to children and adolescents, made a number of recommendations about needed changes in the hazardous orders in its comments to advanced notice of proposed rulemaking (National Institute for Occupational Safety and Health, 1994). As of September 1998, the proposed rule had yet to be issued.

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States BOX 6-4Agricultural Jobs Prohibited by Hazardous Orders Eleven hazardous farm jobs, as determined by the Secretary of Labor, are out of bounds for teens below the age of 16. Children and adolescents working for their parents are exempt from these prohibitions. Generally, those under age 16 may not work at jobs that involve: Operating a tractor of over 20 power-take-off horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor* Operating or assisting to operate any of the following machines: corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, mobile pea viner, feed grinder, crop dryer, forage blower, auger conveyor, unloading mechanism of a nongravity-type self-unloading wagon or trailer, power post-hole digger, power post driver, or nonwalking type rotary tiler* Operating or assisting to operate any of the following machines: trencher or earth moving equipment, fork lift, potato combine, or power-driven circular, band, or chain saw* Working on a farm in a yard, pen, or stall occupied by bull, boar, or stud horse maintained for breeding purposes; sow with suckling pigs, or cow with newborn calf (with umbilical cord present)* Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than 6 inches* Working from a ladder or scaffold at a height of over 20 feet* Driving a bus, truck, or car while transporting passengers, or riding as a passenger or helper on a tractor Working inside the following: a fruit, forage, or grain storage unit designed to retain an oxygen deficient or toxic atmosphere; an upright silo within 2 weeks after silage has been added or when a top loading device is in operating position; a manure pit; or a horizontal silo while operating a tractor for packing purposes Handling or applying pesticides and other agricultural chemicals classified as Category I or II of toxicity by FIFRA Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cords Transporting, transferring, or applying anhydrous ammonia *   Limited exemptions are provided for student learners Limited exemptions are provided for participants in 4-H training program or vocational agricultural training program

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States Hazardous orders can also be changed by legislation. For example, Hazardous Order No. 12 was eased in 1996 by Public Law 104-174 to allow youngsters aged 16 or older to load certain scrap-paper balers and paper-box compactors, although they still are not allowed to operate or unload them. Legislative (or administrative changes) may not necessarily take into account current knowledge about hazards for adolescents. For example, despite evidence that one of the most common causes of death for children and adolescents in occupational settings is motor-vehicle incidents (Castillo et al., 1994), a bill was introduced in the 105th Congress to relax the current restrictions on the use of motor-vehicles by young workers. This bill (H.R. 2327) would substantially revise Hazardous Order No. 2, which prohibits all occupational driving by individuals under the age of 18 except on "an occasional and incidental basis" and would allow youths between the ages of 16 and 18 to drive as many as 50 miles from their places of employment so long as the time spent driving did not exceed one-third of the workday or 20 percent of the work week. There are hazardous orders for specific types of work, but there is none that address the need to protect youths in generic ways. Youngsters working with hazardous materials or equipment may be at risk without supervision. The potential for violent assault in jobs that involve the exchange of money is another hazard that face today's young workers. There are many tragic examples of assaults on adolescents, particularly in retail and fast-food establishments. Although some states attempt to regulate this problem by limiting the late hours youths may work, assaults and hold-ups happen throughout the day. In addition to these general problems, the hazardous orders for children in agriculture raise further concerns. Despite the fact that agriculture is among the most dangerous occupations in the United States, 16-year-olds are permitted to engage in work on farms that they would have to be 18-years-old to perform anywhere else. The current safety-based orders have not been updated to reflect new and emerging technologies, work practices, and actual exposures to health and safety hazards in agricultural workplaces where youngsters are employed. The risks are even greater for children who work on farms owned or operated by their parents because no child labor provisions apply to such children, although hazardous orders do apply to nonagricultural family-owned and-operated businesses.

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States Work Permits Regulations promulgated under the FLSA encourage employers to obtain federal or state certificates of age from minors to protect the employers ''from unwitting violation of the minimum age standards" (29 C.F.R. 570.5) These certificates must include, at a minimum, the names and addresses of the minors and their parents or guardians; places and dates of birth of the minors (including the evidence on which this information was based); the minors' sex; the names, addresses, and industries of the employers; and the occupations of the minors. Forty-one states and the District of Columbia issue certificates, often called work permits, that meet the requirements of the Department of Labor (29 C.F.R. 570.9-570.10). The requirements and contents of the work permits vary considerably among states. Generally, schools issue the permits to students, rather than to employers. The vast majority of state and local education authorities have not provided the local issuers with training about child labor or health and safety laws, nor have they used the data that could be gathered when issuing permits for intervention, enforcement, training, or educational purposes (Beyer, 1997). Furthermore, the permit systems have not been evaluated to determine whether the issuance of work permits successfully limits youngsters to workplaces that are age-appropriate and free of prohibited employment risks. The Fair Labor Standards Act specifically allows states to establish additional requirements for the issuance of work permits. For example, six states (Alabama, California, Massachusetts, Nebraska, Oklahoma, and Washington) require youngsters to be regularly attending school if state law so requires before work permits will be issued; two states (New Hampshire and North Dakota) require students to have satisfactory academic levels before they can receive certificates; and six states (Alabama, Indiana, Maine, Michigan, New Hampshire, and New York) allow schools to revoke permits if the schools find that the youngsters' school work has become unsatisfactory. Many, but not all, states take advantage of the permit process to help inform adolescents of the child labor laws by offering a pamphlet that explains the restrictions on young workers' hours and occupations (31 states) or by listing such restrictions on the permit application forms or permits themselves (27 states).4 4   Information about state work permits comes from an informal survey of child labor em

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States 16 and 17 Years Old Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours 4g,j 10 20g,k 50 6 6 10 pm (12 am before non-school day) to 7 am (5 am before non-school day) g 12b — — — — — 8 hours of non-work, non-school time required in each 24-hour day 9 9 48 48 6 6 10 pm (midnight in restaurants on Friday, Saturday, and vacation) to 6 am 10 10 48b 48 6 6 10:30 pm to 6 am, if attending school; 11:30 pm to 6 am if not attending school — — — — — — 11 pm to 5 am before school day (11:30 pm to 4:30 am with written parental permission) — — — — — — — — — — — — — —

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States   Under 16 Years Old   Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   State School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours Montana 3 8 18n 40 — — 7 pm (9 pm during periods outside school year) to 7 am Nebraska 8 8 48 48 — — 8 pm to 6 am (under 14); 10 pm to 6 am, for 14-and 15-year-olds Nevada 8 8 48 48 — — — New Hampshire 3g 8g 23g 48g — — 9 pm to 7 am New Jersey 3 8o 18 40 6 6 7 pm (9 pm during summer vacation with parental permission) to 7 am New Mexicop 8 8 44 44 — — 9 pm to 7 am New York 3 8 18n 40 6 6 7 pm (9 pm June 21 through Labor Day) to 7 am

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States 16 and 17 Years Old Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours — — — — — — — — — — — — — — — — — — — — — — — 30g 48g 6g 6g   8 8o 40 40 6 6 11 pm to 6 am during school term, with specified variations — — — — — — — 4g,q 8 28g 48 6 6 10 pm (midnight before school day with written permission from both parent and school) to 6 am while school in session; midnight to 6 am while school not in session

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States   Under 16 Years Old   Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   State School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours North Carolina 3 8 18n 40 — — 7 pm (9 pm Carolina during summer vacation) to 7 am North Dakota 3r 8 18r 40 6 6 7 pm (9 pm Dakota June 1 through Labor Day) to 7 am Ohio 3 8 18 40 — — 7 pm (9 pm June 1 to September 1 and during school holidays of 5 school days or more) to 7 am; 7 pm to 7 am in door-to-door sales Oklahoma 3s 8 18 40 — — 7 pm (9 pm June 1 through Labor Day) to 7 am; 9 pm before non-school days if employer not covered by FLSA

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States 16 and 17 Years Old Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours — — — — — — 11 pm to 5 am before school day while school in session. Not applicable with written permission from parents and school 8 8 48 48 6 6 — — — — — — — 11 pm before school day to 7 am (6 am if not employed after 8 pm previous night); g 8 pm to 7 am for door-to-door sales — — — — — — —

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States   Under 16 Years Old   Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   State School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours Oregon 3n 8 18n 40 — — 7 pm (9 pm June 1 through Labor Day) to 7 am Pennsylvania 4c 8 26c 44 6 6 7 pm (10 pm during vacation from June to Labor Day) to 7 am Rhode Island 8 8 40 40 — — 7 pm (9 pm Island during school vacation) to 6 am South Carolina 3 8 18 40 — — 7 pm (9 pm June 1 through Labor Day) to 7 am South Dakota 4 8 20 40 — — After 10 pm Dakota before school day Tennessee 3 8 18 40 — — 7 pm to 7 am (9 pm to 6 am before non-school days)

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States 16 and 17 Years Old Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours — — 44 44 — — — 8 8 28g 44 6 6 11 pm (midnight before non-school day) to 6 amg 9 — 48 — — — 11:30 pm (1:30 am before non-school day) to 6 am, if regularly attending school — — — — — — — — — — — — — — — — — — — — 10 pm to 6 am (Sunday-Thursday before school days) (midnight with parental permission up to 3 nights a week)

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States   Under 16 Years Old   Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   State School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours Texas 8 8 48 48 — — 10 pm (midnight before non-school day or in summer if not enrolled in summer school) to 5 am Utah 4 8 40 40 — — 9:30 pm to 5 am before school day Vermont 8 8 48 48 6 6 7 pm to 6 am Virginia 3 8 18 40 — — 7 pm (9 pm, June 1 through Labor Day) to 7 am Washington 3t 8 18 40 6 6 7 pm (9 pm Friday and Saturday when school is not in session) to 7 am West Virginia 8 8 40 40 6 6 8 pm to 5 am

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States 16 and 17 Years Old Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours — — — — — — — — — — — — — — 9 9 50 50 — — — — — — — — — — 4t,u 8 20u 48 6 6 10 pm Sunday–Thursday (midnight Friday and Saturday and when school is not in session) to 7 am (5 am when school is not in session); 9 pm to 7 am in door-to-door sales — — — — — — —

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States   Under 16 Years Old   Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   State School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours Wisconsin 4t 8 8c 40 6 6 8 pm (11 pm before non-school day) to 7 am Wyoming 8 8 56 56 — — 10 pm (midnight before non-school day and for minors not enrolled in school) to 5 am aState hours limitations on a schoolday and in a schoolweek usually apply only to those enrolled in school. Several states exempt high school graduates from the hours and/or nightwork or other provisions, or have less restrictive provisions for minors participating in various school-work programs. Separate nightwork standards in messenger service and street trades are common, but are not displayed in table. b Combined hours of work and school. c More hours are permitted when school is in session less than 5 days. d Connecticut: For under 16 if working in stores or agriculture, the limit is 8 hours per day and 6 days per week; for 16-and 17-year olds if working in stores, the limit is 8 hours per day and 6 days per week. Overtime is permitted in some industries for both age groups. e Florida: For under 16, maximum hours 3 when followed by a school day, except if enrolled in vocational program. f Illinois: Eight hours are permitted on both Saturday and Sunday if minor does not work outside school hours more than 6 consecutive days in a week and total hours worked outside school does not exceed 24. g Limits apply only to those enrolled in school. h For minors enrolled in school, these hours require written parental permission i 8 hours allowed on Saturday and Sunday if attending school. j 8 hours allowed before nonschool day. k 28 hours a week allowed in weeks with multiple days of school closure. l Massachusetts: Under 14, limited to 4 hours per day, 24 hours per week in farm work.

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Protecting Youth at Work: Health, Safety, and Development of Working Children and Adolescents in the United States 16 and 17 Years Old Maximum Hours/Day Maximum Hours/Week Maximum Days/Week   School Day Non-School Day School Week Non-School Week School Week Non-School Week Prohibited Work Hours 5t —v 26c 50 6 6 11 pm (12:30 am before non-school day) to 7 am (5 am on non-school day during school week) v — — — — — — Midnight to 5 am (for females only) m In factory, mill, cannery or workshop. n Students of 14 and 15 enrolled in approved work experience and career exploration programs may work during school hours up to 3 hours on a school day and 23 hours in a school week. o New Jersey: 10-hour day, 6-day week allowed in agriculture. p New Mexico: Limits apply only to those under 14. q 8 hours on Friday, Saturday, Sunday, or holiday. r North Dakota: School day/week hours apply only if child is not exempted from school attendance. s Oklahoma: 8 hours allowed on school days before nonschool day if employer not covered by FLSA. t 8 hours on Friday, Saturday, and Sunday. u Washington:16-and 17-year olds allowed to work 6 hours per school day and 28 hours per school week with special variance agreed to by parent, employer, school, and student. v Wisconsin has no limit during non-school week on a daily hour or nightwork for 16-and 17-year olds. However, they must be paid time and one half for work in excess of 10 hours per day or 40 hours per week, whichever is greater. Also, 8 hours rest is required between end of work and start of work the next day, and any work between 12:30 a.m and 5 am must be directly supervised by an adult. SOURCE: Data from Division of External Affairs, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor.