HR Solutions: Child labor violations can result in serious fines

Lynne Haggerman is president/owner of Haggerman & Associates, a firm specializing in management training, retained search, outplacement and human resource consulting.

Now that school is under way, it is important to review child labor practices to ensure compliance with the federal Fair Labor Standards Act and the Missouri wage and hour laws. Businesses must comply with the stricter of the two.

The basics of both laws include paying nonexempt staff at least $5.15 per hour and no less than 1 1/2 times the regular rate for hours worked after 40 in a workweek. There are some exceptions and special rules for certain industries and positions.

Company managers and officials have personal liability. Personal fines of up to $10,000 are issued for willful violations. A second willful offense could lead to up to six months of jail time. The corporation is liable for back wages such as unpaid minimum wages and unpaid overtime. These wages are doubled for willful violations. The business will also have to pay attorney fees and court costs. In Missouri, the fine is up to $1,000 per day for each violation and/or a civil damage lawsuit brought against the enterprise.

Federal

Youths 16 to 17 years old may work in a nonhazardous job for an unlimited number of hours per day and week. Door-to-door sales remain prohibited if the teenager must be away from home for more than 24 hours.

Workers 14 to 15 years old may only work outside of school hours in nonmanufacturing, nonmining and nonhazardous positions. Up to three hours per day may be worked on a school day. Up to 18 hours per week is allowable during a school week. Up to eight hours a day is permitted on a nonschool day. Up to 40 hours is sanctioned during a nonschool week.

The regulations for work experience and career exploration programs vary slightly for 14- and 15-year-olds. Up to 23 hours may be worked during school weeks.

Fourteen- and 15-year-olds may not work prior to 7 a.m. or after 7 p.m. except from June 1 to Labor Day, during which time they may work until 9 p.m.

A child of any age may deliver newspapers, perform in movies and theaters, be a radio personality, perform in radio commercials, and act in television shows and commercials. Special rules apply to agricultural work and family-owned businesses.

Missouri

Minors under 21 years old may not sell intoxicating beverages. Hazardous occupations remain prohibited.

Fifteen- to 16-year-olds may work outside of school hours, including up to three hours on a school day, eight hours during a nonschool day, and six days or 40 hours per week. Teen-agers in this age category may not work before 7 a.m. or after 9 p.m. They may work until 10:30 p.m. at a regional fair from June 1 through Labor Day with parent consent and adult supervision.

Youths under 14 years old may work for a parent or guardian. They may not work paying jobs during the school term. Children over 12 years old may perform child care, conduct newspaper sales or delivery, and work occasional nonhazardous yard or farm work with their parents' consent.

Work permits are required for employees under 16 years old. The permits are issued by the superintendent of the public schools or a county superintendent. The employer must first make a statement of the intention to employ the teen-ager. The request must include the exact number of hours per day and the days of the week that the youth will work. The organization must keep the permit on file until the employment is terminated, at which time the permit should be returned to the issuer.