•  Provides equal protection under the law for migrant and seasonal farmworker children.  The model law sets a minimum age of 14 for employment (same as non-agricultural employment), sets maximum hours of work while school is in and out of session (same as non-agricultural employment), and prohibits minors from dangerous agricultural occupations and substances. 
  
  BACKGROUND:  Historically, child labor law has been divided into two categories:  agricultural and non-agricultural labor.  An estimated 800,000 children work as seasonal or migrant farmworkers in what is now the most dangerous occupation in the country.  However, lax provisions in child labor law often are directed toward children working in agriculture.  While 76 percent of the states set a minimum age for non-agricultural employment at 14 years, 27 percent set a minimum age below 14 years and 49 percent have no minimum age for agricultural employment (federal law allows children as young as 10-years-old to hand harvest crops).  Moreover, maximum hours of work while school is in session often means no maximum for agricultural workers:  57 percent of the states do not set maximum hours for 14- and 15-year-olds and 78 percent do not set maximum hours for 16- and 17-year-olds.  
  

• Reasonably restricts employment (regardless of the occupation) for all minors  under the age of 18.  The following maximum hours are set for all minors:

When School is in Session:

14- and 15-year-olds -- 15 hours maximum

16- and 17-year-olds -- 20 hours maximum

When School is Not in Session:

14- and 15-year-olds -- 30 hours maximum

16- and 17-year-olds -- 40 hours maximum

BACKGROUND:  Twenty-three states follow federal guidelines for restricting 14- and 15-year-old non-agricultural employment when school is in session to a maximum of 18 hours per week.  Thirty-three states follow federal guidelines and do not set maximum hours for non-agricultural employment when school is in session for 16- and 17-year-olds.  Most states do not address maximum hours for agricultural employment for minors of any age.

• Requires work permits for all working minors.  This provision facilitates information gathering on the number of youth employed and the industries which are employing minors.  This in turn assists investigators to target those employers for child labor law compliance.  Furthermore, the permit system under this model law requires the involvement of parents, educators, and employers in the minor's educational and work experience.  Specific permit issuance requirements must be fulfilled:

  • name of minor, address, and legal proof of age.

  • employer's name, address, signature, and description of employment.

  • parent or legal guardian's signature approving employment as in the best interest of the minor.

  • signature of school official or teaching professional, knowledgeable about state child labor law and academic performance of minor, approving employment as in the best interest of the minor.

BACKGROUND:  Although 36 states require some form of work permit for employment, most do not use it as a tool to facilitate communication and investigations, as well as establishing a linkage between educational fulfillment and continuation of work.  Additionally, many states only require work permits for minors under the age of 16.

• Establishes a linkage between educational fulfillment and continuation of work.  A work permit will not be issued without the signature of a parent (or legal guardian) and a school official or teaching professional (knowledgeable about state child labor law and the academic performance of the minor), approving employment as in the best interest of the minor.  A permit may be revoked or amended by the issuer upon the recommendation from a parent, teacher, or guidance personnel based upon clear and convincing evidence of the serious deterioration of academic performance in a majority of course work or other good cause.  This is a cornerstone of the model law because it clearly emphasizes -- not in feel good language, but in strong directives -- that education is the priority for children, not employment.

  BACKGROUND:  A few states have recently enacted child labor legislation that establishes linkage between educational progress and employment.

•  Requires labor education prior to a youth's initial employment.  The Model State Child Labor Law addresses the vulnerability and inexperience of minors entering the workforce.  This model law will ensure that minors enter employment empowered and knowledgeable about laws protecting them in the workplace, aware of the value of education and its relation to workplace skills, and receive an introduction to occupations and vocations.  At a minimum, the state will provide a booklet upon which a test will be administered and passed prior to issuing an initial work permit -- similar to state driver's license testing. 

BACKGROUND:  Currently, no states require labor education for minors prior to entry into employment.

•  Significantly revises and updates the list of Hazardous Occupation Orders -- those occupations, machines, and worksites that are prohibited for minors under the age of 18.  EXAMPLES:  New Prohibited Occupations:  Poultry, fish, and seafood processing; door to door sales; and pesticide handling.

BACKGROUND:  The workplace, technology, and youth employment have  changed dramatically over the last 50 years.  Many states have not updated their list of hazardous and prohibited occupations for minors.

•  Provides enhanced enforcement provisions and specific enforcement financing.  The Department of Labor will disseminate the names and addresses of each employer who has repeatedly and intentionally violated any provisions of this law and specify the type of violation(s) committed, and distribute such publication to students, parents, employers, and educators. Additionally, upon a finding of violation, the Department of Labor is required to communicate that finding to minors working in the establishment and their parents (or legal guardians).  Fines and penalties collected will be deposited in a restricted fund, to be used exclusively to further the purposes of this child labor law.  

BACKGROUND:  Only seven states publicize violators -- and only to the press.  No states specifically target the students, parents, and educators in the school districts where employers reside who are found to be repeat or intentional child labor law violators. 

• Establishes stiff penalties for employers who are child labor law violators.  Sets higher minimum and maximum civil penalties for child labor violations.  Any employer who repeatedly and/or intentionally violates the provisions of this child labor law will be ruled:

  • ineligible for any grant, contract, or loan provided by any agency of the state for a period of 5 years from the date of such ruling; and

  • ineligible to employ a minor under 18 for a period of 5 years from the date of such ruling.  The Department of Labor shall keep current and disseminate to the permit issuing authority, school districts, and the state Parent-Teacher Association a list of all ineligible employers.

BACKGROUND:  States have various levels of penalties for child labor violations -- ranging from no civil penalties to civil penalties with maximum fines higher than those found in this model law.