16-01-2013, 03:53 PM
Child Labor Laws and You
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Overview
Purposes of Child Labor Laws
From sweatshop to college internship, why do you need
to be aware of child labor laws?
General Legal Framework—all employment laws
How many sets of laws, regulations and rules apply?
Issues to Consider and Tests to Apply
Consequences Your Organization May Face: Liability
and Penalties
Tips for Schools and Employers
Our students are not “employees;” why
must we be aware of these laws?
In 1992, according to the National Association of
Colleges & Employers (NACE), only 9% of college
graduates had completed internships at some point.
By 2008, 83% of college graduates polled had
completed an unpaid internship at some point.
In 2011, a new poll showed that more than half of
college internships were paid.
The lines between education and employment are
blurring, and ALL persons present in the workplace
must know of and comply with certain laws and
policies to manage risks of liability.
Purposes of Child Labor
Laws
Laws and regulations designed to protect unpaid
students/paid minor employees from exploitation
by requiring working conditions that:
are safe
are positive
complement the educational process
BUT ALSO these laws tend to protect members
of the work force from displacement by unpaid
workers, including interns, “volunteers,” etc.
General Legal Framework
Laws and regulations are enacted at the:
Federal Levels
U.S.: Fair Labor Standards Act, 29 U.S.C. § 201 et seq.
(the FLSA)and regulations promulgated thereunder
Canada: Canada Labour Code regulates about 10% of workers
State/Provincial orTerritorial/Local Levels
E.g., the District of Columbia’s Minimum Wage is $8.25 while
DOL’s Minimum Wage under FLSA is $7.25; the State of
Maryland and Commonwealth of Virginia follow federal wage
Canada: Ontario’s Employment Standards Act
Rule of thumb: follow the highest/most onerous
or restrictive standard applicable
FLSA Exemptions
IT’S NOT REALLY ABOUT YOU; IT’S
ABOUT WORK RELATIONSHIPS
You and other potential “employers” are not the
real focus; rather, to determine whether the
FLSA and other employment laws apply, the
key inquiry is whether the employee is a
“covered” individual.
Focus usually will be on the worker and the
work relationship.
Non-Employees
Bona fide volunteers, trainees and
interns* generally do not qualify as
FLSA-covered “employees”
They are not entitled to the FLSA’s
protections, but how to identify them?
There are 2 key questions to ask:
Who primarily benefits from the work?
Are they displacing paid employees?
DOL Work Study Program
The program must meet the educational standards of
the State educational agency
Students must be enrolled in a college preparatory
program
There must be a teacher-coordinator at the school
There must be a written agreement signed by the
teacher-coordinator, the employer, and the student
vStudents may work during school hours
Students may not work more than 18 hours in any single
week when school is in session.