Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
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As an employer, you are always seeking good employees to add to your business. Many youth are eager to work in Iowa, especially during the summer months.To a teenager, a job means money for school and other expenses, work experience and help in deciding on a career. If you have positions available for teens, please contact your nearest Iowa Workforce Development Center for help with filling those positions.
Child Labor Laws…………………………………pg. 2 Work Permits & Certificates of Age……………...pg. 3 Hours Teenagers can Work……………………….pg. 4 Special Hours for Street Occupations & Migratory Labor…………….…….pg. 5 Types of Employment………………………………pg. 5 Jobs Considered too Dangerous…………….……pg. 7 Differences between Federal and State Child Labor Laws…………………………pg. 8 Contact Information………………………………pg.11 The information provided in this book includes new regulation changes that took effect July 1, 2009. Child Labor Laws Child Labor laws dictate: In Iowa, both federal and state child • the hours youth may work labor laws may apply. Sometimes • how many hours may be there are differences between the worked per day/week federal and state laws, and it is • the time of the year youth may important for employers to work understand which laws apply to • types of jobs or occupations specific circumstances. Access they may have www.iowaworkforce.org/labor/ • when work permits are required. childlabor.htm for a review of both state law versus the federal law.
Work Permits and Certificates Certificates of Age Iowa law requires youth to obtain Age on file for each of your 16 or a child labor form (work permit, 17 year old employees protects form 62-2203) from an issuing both the employer and employee. officer to give to employers.The Work permits and Certificates of employer needs to complete the Age are issued by local school employer portion of the child labor officials or at Iowa Workforce form (right side of the work permit) Development Centers. Hours of stating the types of work to be done work do not need to be specified and the hours to be worked.The for the Certificate of Age unless the parent, along with the youth, signs work involves delivering goods or the form and the youth returns it to transmitting messages. the issuing officer for final review. If the form has been satisfactorily The young worker provides completed by all the parties, the identification to prove his/her age issuing officer completes the last before the form is valid. Acceptable portion of the form, forwarding evidence of age includes a certified copies to the employer, the copy of the minor’s birth certificate, Division of Labor, and the parent. passport, or certified baptismal record. Birth certificate copies are A work permit applies to minors available from the county of birth or who are 14 or 15 years old for state health department in Iowa. If most jobs in Iowa.Youth who are 10 none of these proofs of age can be through 15 must have street trade obtained, documentation provided permits to deliver newspapers or by the federal government may be perform any other street occupations used or a physician may certify that, such as selling items door-to-door. in the physician’s opinion, the Minors who are 12 through 16 applicant for the work permit is 14 years old working migrant labor years of age or older. must also obtain a work permit. For more information, contact the Employers may require a Certificate Labor Services Division at of Age for youth who are 16 and www.iowaworkforce.org/labor or older. Having a valid Certificate of (515) 242-5869 or (515) 725-2168.
Hours Teenagers can Work Iowa law allows young people, who But they may not work more than: are 16 and older, to work any hours • Four hours a day on school days except in transmission, distribution • 28 hours a week during a or delivery of goods or messages. school week • Eight hours a day during Teens 14 and 15 years old may work: vacations and on weekends and • Outside school hours holidays • 40 hours a week during the • Between 7 a.m. and 7 p.m. after Labor Day through May 31 summer (June 1 through Labor • Between 7 a.m. and 9 p.m. from Day), or during the school year June 1 through Labor Day. if there is a full week of vacation Workdays of five hours or more must allow for a 30 minute break.
Special Hours for Street Occupations and Migratory Labor Minors who are 10 through 15 – Between 4 a.m. and 8:30 p.m. for years may work in street occupations, the remainder of the year such as delivering newspapers, Minors who are 12 to 16 years magazines, shoppers, circulars or performing migrant labor need a selling items door-to-door. To do this work permit.With a migrant labor type of work, youth need a street work permit they may work: trades permit.With a street trades – Between 5 a.m. and 7:30 p.m. from permit, they may work: Labor Day through June 1 – Between 4 a.m. and 7:30 p.m. while – Between 5 a.m. and 9 p.m. the local public schools are in session. remainder of the year Types of Employment for Teens If 18 years or older, teens may – Greenhouses and nurseries work at any job without restrictions – Printing and publishing firms under the child labor law. If 14 years or older, teens may: If at least 16 years old, teens may – Pack fresh fruits or vegetables in work in the following areas with a retail or agricultural setting but some restrictions: not in a processing setting – Manufacturing and construction – Answer phones and take messages (but not with certain powered in a telephone answering service equipment doing roofing, – Caddy on a golf course excavation or demolition work – Sell gas and oil or wash and – Insurance and real estate polish cars at service stations – Retail stores (To operate power washers, must – Hotels and motels be 16 years or older.) – Restaurants – Do office work, clerical work – Local government – Maintain grounds (To use power – Retail lumberyards lawn mower, or a weed eater as – Garages and auto repair shops part of the job, must be 16 years – Service/Gas stations old.) – Hospitals and nursing homes (continued on next page)
In retail stores and businesses, 14 They may work between the hours years and older may: of 7 a.m. to 10 p.m. with written – Run errands or make deliveries parental consent. Hours must be by foot, bicycle or on public outside of regular school hours if transportation the child is of school age. – Sell, price, pack and shelve store goods Youth, who are 14 and 15, may not – Assemble customer orders work in hazardous occupations in – Bag purchases and carry out for manufacturing, construction and customers mining, in most processing – Clean vegetables and fruits occupations or as public messengers. – Do cleanup work (not using They also may not clean, repair or chemicals that require or operate power-driven machinery. recommend the use of personal protective equipment.) – Trim windows and make displays without the use of ladders In food service firms, 14 years or older may: – Serve food at lunch counters – Wash dishes – Do cleanup work (not using chemicals that require or recommend the use of personal protective equipment.) Children under 16 years of age who work as models may work no more than three hours per day and no more than 12 hours per month.
Jobs Considered Too Dangerous Teenagers under 18 are not – Any occupation performed on or allowed to work in dangerous or about a roof hazardous jobs, such as: – Excavating – In or about plants or – Occupations connected with mining establishments manufacturing or – Motor vehicle driver or outside storing explosives or articles helper containing explosive components – Operating power-driven meat – Logging or the operation of any processing equipment, including sawmill, lath mill, shingle mill or meat and food slicers cooperage-stock mill – Any occupation in the – Operating power-driven manufacturing of brick, tile or woodworking machines similar products – Working where exposed to – Working in or about foundries radioactive substances or to (but may work in the office, ionizing radiations shipping and assembly area) – Operating elevators or operating – Operating laundry, dry-cleaning a power-driven hoisting apparatus or dyeing machinery – Operating power-driven metal – Working where exposed to lead forming, punching or shearing fumes or compounds or to machines dangerous or poisonous dyes or – Slaughtering, meatpacking chemicals establishments or rendering plants – Transmitting, distributing or – Operating certain power-driven delivering goods or messages bakery machines or paper between 10 p.m. or 5 a.m. products machines (includes telemarketing) – Operating circular saws, band saws – Operating or assisting to operate or guillotine shears heavy equipment, such as – Wrecking, demolition or forklifts, backhoes or cranes shipbreaking operations – Occupations in connection with mining
Federal and State Differences Employers must comply with the Penalties: most restrictive law, if both apply. State Employers covered: – The parent, guardian or other State person having control of a minor – Covers all employers in Iowa child, who negligently permits the child to work in violation of Federal the act, is guilty of or commits a – If covered for federal minimum serious misdemeanor; punishable wage, then covered for federal by up to a $1,875 fine and/or one child labor year in jail per offense. – Companies with an annual gross – Employers may be charged with volume of sales/business of a civil penalty of up to $10,000 $500,000 or more per minor, per violation. – Operating a hospital, institution to care for physically or mentally ill, Federal disabled or the aged – Employers may be charged with – A school, including preschool, an administrative fine up to secondary, or institution of $11,000 per minor; for a second higher learning offense committed after conviction – Public agency of a similar offense, a fine of – Minor employees engaged in $11,000 or imprisonment for not interstate commerce or production more than six months or both. A of goods for interstate commerce District Court restraining order can be requested to prevent Hours 14- and 15-year-old teens future child labor violations (civil may work: or criminal). The Genetic State Information Nondiscrimination Act – four hours per day on school days, (GINA) allows up to $50,000 for and up to 28 hours per week each violation that causes death or when school is in session serious injury to a minor. Federal – three hours per day on school days, and up to 18 hours per week when school is in session
Certificates of Age and Work Federal Permits: – Federal law prohibits work during State school hours for 14 and 15 year – Iowa requires work permits for olds and prohibits hazardous 14 and 15 year olds and occupations. 12 and 13 year olds recommends Certificates of Age are allowed to work on their for teens who are 16 and 17. parent’s farm and on farms where Federal minimum wage is required, with – Work permits and Certificates their parent’s written permission. of Age are not required, but are Teens may: recommended from the state. - Drive a car or truck on a farm property Teens 16 and 17 years old: - Operate garden-type tractors State - Clear brush by hand – Prohibits occupations involving - Hand plant seeds or plants operation of laundry, dry - Weed, hoe, and water plants cleaning or dyeing machinery, and - Care for poultry dangerous or hazardous chemicals - Provide care for horses Federal - Pick produce, and/or place it in – Does not specifically prohibit containers these occupations, but prohibits - Help in milking operations activities listed on the 17 - detassel corn (may be full time) Hazardous Occupation Orders. – The complete set of federal (Contact the U.S. Department of agricultural regulations may be Labor at (515) 284-4625 or found in Child Labor Requirements www.dol.gov) in Agriculture at www.dol.gov. Child Labor in Agriculture: School Training: State State – Iowa exempts minors who are – Iowa allows students to work 14 years and older and allows under an instructor in an them to detassel corn from June industrial arts department, or an through August. It also allows instructor in a school shop, part-time work in agriculture. industrial plant or vocational Part-time is defined as half of the education course, or to apprentice maximum allowed hours. under certain conditions; no hour limits, no occupation restrictions, no work permits
Federal – 14 and 15 year olds may work – Teens 14 years and older may be part-time in agricultural employed during school hours in occupations for 1/2 of the approved school-supervised and maximum hours allowed: 20 hours school-administered programs and per week during the summer, but apprenticeship programs.These not more than 4 hours per day; 14 programs can contain exemptions hours per week while school is in from some of the hazardous session, but not more than two occupations orders. hours per day Exceptions: Federal State – Exempts for underage and hours – Part-time, occasional or volunteer for children working in or for work for nonprofit organizations parents’ business when a parent that are educational, charitable, is the sole proprietor; but religious or community service prohibits hazardous work even in in nature parents’ business – Detasseling, from June through – Allows exemption for actors, August performers in motion pictures, – Children of any age may work in radio or television any occupation or business at any – Allows exemption for homemakers time doing any type of work in a engaged in wreath making business operated by the child’s Special orders: parents if the parent is on the State premises. – Iowa may issue written special – modeling under 16 years of age orders allowing prohibited work between 7 a.m and 10 p.m. but or hours for not more than 12 hours per Federal month and with written parental – No waivers under Federal law permission – Juvenile court to orders a child at least 12-years-old to complete work assignments of value to the state or to the public or to the victim of a crime committed by the child
For more Information, please contact: State Child Labor (800) 562-4692 (515) 242-5869 (515) 725-2168 Federal Child Labor (866) 4-USA-DOL (515) 284-4625 Additional information regarding Child Labor Law may be found at: The Division of Labor Services web site www.iowaworkforce.org/labor/childlabor.htm Federal Child Labor Law: http://youthrules.dol.gov/ Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. 70-3700 (06/12)
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