The U. S. Department of Labor's Wage and
Hour Division produced this self assessment tool to help employers comply with
the youth employment provisions of the Fair Labor Standards Act. It reflects
what our experience has shown to be some of the most common problems
encountered in your industry. You can use this tool to help evaluate your
firm's level of compliance. You are not required to use this tool, but
we believe you will find it helpful in preventing problems and achieving
compliance with the Federal youth employment provisions. If you answer
YES to any question, you are likely out of compliance. To know what
you should be doing, refer to the attached Rules Summary.
Do any
workers under 18 years of age do the following:
Do any
workers under 16 years of age do the following:
RULES SUMMARY
Do any workers under 18 years of
age do the following:
1. Operate or clean power-driven meat slicers or other meat processing machines?
Minors under age 18 may not set up,
operate or assist to operate, clean, oil, adjust, or repair, power driven meat
processing equipment. This includes meat slicers, meat grinders, patty forming
machines, meat and bone cutting saws, and food processors when used to process
meats. Such minors may, however, clean the disassembled parts of power-driven
meat processing machines. See 29 CFR Part 570.61,
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.61.htm
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2. Operate or clean any power-driven dough mixer or other
bakery machines?
Minors under 18 may not set up,
operate or assist to operate, clean, oil, adjust, or repair power driven bakery
machines. This includes horizontal and vertical dough mixers (including
countertop models), battermixers, bread dividing, rounding, or molding
machines, dough brakes, dough sheeters, cookie and cracker machines, and cake
cutting bandsaws. See 29 CFR Part 570.62, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.62.htm
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3. Operate, load, or unload scrap paper balers or paper box
compactors?
Minors under 18 generally may not
operate or unload scrap paper balers and paper box compactors. Sixteen and 17-year-olds
may load some of these machines if the equipment meets certain safety
standards, there is a posting to this effect on the machine, the on-off switch
of the machine has a key-lock or other type of lock-out system, and the
equipment is inoperable while it is being loaded. See 29 CFR Part 570.63, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.63.htm,
and
http://www.dol.gov/esa/regs/compliance/whd/whdfs57.htm.
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4. Drive a motor-vehicle on the job?
Minors under 18 generally may not
drive any type of motor vehicle or work as an outside helper on public roads or
highways. This prohibition extends to the towing of vehicles and the driving
of school buses and trucks. There is a limited exception to this provision
that permits 17-year-olds to drive an automobile or truck (gross vehicle weight
not exceeding 6,000 pounds) for limited periods of time when certain conditions
are met. These conditions include that the minor possess a valid license, the
driving is only during daylight hours, the driving does not involve urgent time
sensitive deliveries such as delivering a pizza to a residence, and the driving
is only occasional and incidental to their employment. There are additional
requirements that also must be met. See 29 CFR Part 570.52, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.52.htm
and see
http://www.dol.gov/esa/regs/compliance/whd/whdfs34.htm
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Do any workers under 16 years of
age do the following:
5. Cook?
On February 14, 2005, new regulations
regarding the types of cooking that 14 and 15-years may perform will become
effective. From that day forward, 14- and 15-year-olds may only perform cooking
that (l) involves the use of electric and gas grilles that do not entail cooking
over an open flame and (2) involves the use of deep fat fryers which are equipped
with and utilize devices which automatically raise and lower the "baskets,"
but not pressurized fryers. See 29 CFR Part 570.34, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.34.htm
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6. Bake?
Minors under 16 years of age are
prohibited from performing any baking duties. Prohibited baking duties include
the weighing, mixing and assembling of ingredients and the operation of pizza
ovens and convection ovens. The use of warming devices to maintain the heat
of cooked food is permitted. See 29 CFR Part 570.34, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.34.htm
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7. Clean cooking equipment or handle
hot oil or grease?
On February 14, 2005, new regulations
addressing the cleaning of cooking equipment, the filtering of grease and
oil, and the transporting of grease and oil by 14- and 15-year-old employees
will become effective. Under these new provisions, 14- and 15-year-olds may
clean, maintain (including the changing, cleaning, and disposing of oil or
grease and oil or grease filters), and repair cooking devices (other than
power-driven equipment) when the surfaces of the equipment or liquids do not
exceed a temperature of 100° F. All minors under 18 years of age are prohibited
from operating and cleaning power-driven meat slicers and bakery equipment.
See 29 CFR Part 570.34, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.34.htm
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8. Load or unload goods from a truck or conveyor?
Minors 14 and 15-years old may not
load or unload goods to and from conveyors, trucks, railroad cars or tanks,
trucks, boats, planes, or other means of transportation. See 29 CFR Part
570.34, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.34.htm
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9. Work inside a freezer or meat cooler?
Minors 14 and 15-years old are
prohibited from working in freezers and meat coolers. This includes duties - such
as taking inventory or performing cleanup work - which would require them to
enter and remain in coolers or freezers for prolonged durations. These minors may
enter such refrigeration equipment momentarily - as when retrieving an item for
use outside the equipment - if the equipment is designed to prevent the worker
from being locked inside. See 29 CFR Part 570.34, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.34.htm
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10. Operate power-driven bread slicers or bagel slicers?
Minors 14 and 15-years old may not
operate, setup, adjust, repair, oil or clean power-driven food slicers,
including bread slicers and bagel slicers. See 29 CFR Part 570.34, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.34.htm
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11. Operate any power-driven equipment?
Minors 14 and 15-years old may not
operate most power-driven machinery, including lawnmowers, trimmers, and
"weed-whackers". These minors may operate office machinery, vacuum cleaners,
floor waxers, and machines and devices used in connection with preparing and
serving food and beverages, such as dishwashers, toasters, popcorn poppers, milk
shake blenders, and coffee grinders. See 29 CFR Parts 570.33 & 570.34, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.33.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.34.htm
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12. Work from ladders?
Minors 14 and 15-years old may not
perform work requiring the use of ladders, scaffolds, or their substitutes.
This includes outside window washing that involves working from windowsills.
See 29 CFR Part 570.34, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.34.htm
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13. Work during school hours?
Minors 14 and 15-years old may not
work during school hours. School hours are determined by the local public
school in the area where the minor is residing while so employed, even if the
minor does not attend the public school (i.e., attends a private school or is
home schooled). Such minors may be employed outside of school hours with
certain limitations. The term outside school hours means such periods as
before and after school hours, holidays, summer vacations, Sundays, or any
other day or part of a day when the school normally attended by the minor is
not in session. See 29 CFR Part 570.35, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.35.htm
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14. Work before 7:00 a.m. on any day?
Minors 14 and 15-years old may not
be employed before 7:00 a.m. on any day. See 29 CFR Part 570.35, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.35.htm
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15. Work past 7:00 p.m. between Labor Day and June 1?
Minors 14 and 15-years old may not
be employed past 7:00 p.m. from Labor Day to June 1. This applies even if
there is no school the next day, such as a Friday or Saturday night, as well as
in weeks when school is not in session such as during spring break. These same
minors may not work past 9:00 p.m. between June 1 and Labor Day. See 29 CFR
Part 570.35, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.35.htm
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16. Work past 9:00 p.m. between June 1 and Labor Day?
Minors 14 and 15-years old may not
be employed past 9:00 p.m. between June 1 and Labor Day. They may not work
past 7:00 p.m. between Labor Day and June 1. See 29 CFR Part 570.35, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.35.htm
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17. Work more than 3 hours on a school day, including Fridays?
Minors 14 and 15-years old may not
work more than 3 hours on a school day, including Fridays. This prohibition
applies even if there is no school the next day. See 29 CFR Part 570.35, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.35.htm
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18. Work more than 8 hours on any day?
Minors 14 and 15-years old may work
up to 8 hours a day on Saturdays and Sundays and on other days when school is
not in session, as long as they do not exceed the maximum permissible hours in
any workweek. They may work up to 18 hours in any week school is in session
and up to 40 hours in any week school does not meet. See 29 CFR Part 570.35, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.35.htm
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19. Work more than 18 hours in any week when school was in
session?
Minors 14 and 15-years old may not
work more than 18 hours a week when school is in session. For these purposes,
school is in session in any week in which school meets, even if it meets for a
part of a day or a portion of the week. School hours and school weeks are
determined by the local public school where the minor would attend if he or she
attended public school. See 29 CFR Part 570.35, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.35.htm
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20. Work more than 40 hours in any week when school was not
in session?
Minors 14 and 15-years old may not
work more than 40 hours in a week when school is not in session. They may not
work more than 18 hours in a week when school meets. For these purposes,
school is in session in any week in which school meets, even if it meets for a
part of a day or a portion of the week. School hours and school weeks are
determined by the local public school where the minor would attend if he or she
attended public school. See 29 CFR Part 570.35, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.35.htm
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21. Do you employ any workers who are less than 14 years
of age?
Minors 13 years of age and younger
are generally not allowed to work under the Federal youth employment provisions.
Permissible employment for such minors is limited to exempt work such as
delivering newspapers, performing casual babysitting, acting, performing minor chores
around private homes, and working for a parent who is the sole owner of a
business. See 29 CFR Part 570.2, http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.2.htm
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22. Do you
maintain in your records a date of birth for every employee under 19 years
of age?
Employers are required to maintain and preserve certain records,
including the date of birth for all employees who are less than 19 years of
age. See 29 CFR Part 516.2(a), http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_516/29CFR516.2.htm
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