The summer months traditionally result in an increase in employment of minors to supplement other workers during vacation or seasonal operations. Whether this low cost labor pool is utilized for the summer or all year, employers must follow restrictions on age, hours and type of employment or incur significant penalties for non-compliance. Final regulations have been issued by the Department of Labor revising and updating certain child labor procedures under the Fair Labor Standards Act. The revised regulations were effective on February 14, 2005.

Significant changes were made in several areas and the changes are outlined below. For complete information on child labor laws go to www.dol.gov/elaws/esa/flsa/cl.

A new law, the Compactors and Balers Safety Standards Modernization Act has been integrated into the new regulations. Conditions are set that allow 16 and 17 year old workers to load, but not operate or unload, certain scrap paper balers and paper box compactors. Civil monetary penalties are provided if employers violate the new conditions.

The new Drive for Teen Employment Act is also covered in the new rules. Minors under 17 years old are prohibited from driving automobiles or trucks on public roadways while on the job. Conditions and criteria for 17 year old minors to operate a vehicle are now covered in the regulations.

Certificate of Age rules have been modified and are covered in the new rules. Previously, for all occupations except agriculture, employers were required to return the certificates to the issuing agency. Under the new guidelines the employer is required to give the certificates to the employee when their employment terminates.

The types of cooking and cooking-related tasks a 14 or 15 year old may perform are revised, as well as the "in plain view" safety standard. The prohibition on 16 and 17 year olds from working in the roofing profession are revised to include all types of work on or about a roof.

Explosive and articles containing explosive components are further defined in the new rules regarding the prohibition of minors working in manufacturing or storing of explosives.

Employers should also make sure they are following the various state laws regarding the employment of minors. Employers must follow the state law if it is more stringent than the federal rules. There are special rules for employing minors in hazardous jobs, for minors 14 and 15 and for minors 16 and 17 years old. Regular wage and hour rules and regulations apply to employees when they reach 18.

If you are employing minors in any of the areas outlined as having changes, or if you need to refresh yourself on the limitations in employing minors. more specific information should be secured to avoid significant penalties.