Child Labor Provisions of the FLSA

On Behalf of | Nov 22, 2015 | Employment Law

The Fair Labor Standards Act was established in 1938 and outlines federal laws that are ultimately used to protect employees in Wisconsin and throughout the United States. This legislation establishes a minimum wage for all workers, as well as overtime pay, and also sets standards for keeping records and youth employment. Employment as a minor is very important to many young individuals in the country and their protection is a priority.

The laws established by the FLSA set the age of 14 as the minimum age at which a minor can work in a non-agricultural position. There are some exceptions to this rule. For example, children can work in television or radio, or even deliver the local newspaper, at any age. Agricultural positions follow a different age guideline, as do some states in which the minimum age is higher than that set by the FLSA.

Federal law requires that employers pay their underage employees at least minimum wage, though a “special” wage of $4.25 an hour can be paid before a 90 day period.

Rules have been set to accommodate school-aged children. The hours that are worked must be non-school hours, and a 14-15 year old may not exceed three hours of work on a school day or 18 hours during a school week. They may work up to eight hours on a non-school day and 40 hours in a non-school week.

Jobs may only be non-hazardous in nature. 

Though some states do require a work permit for minors to hold employment, one is not required by the FLSA. If you have additional questions or concerns about child labor in the state of Wisconsin, speaking to an experienced attorney might be beneficial.


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