U.S. Labor Department Publishes Youth Employment Rules 

             Rules Become Effective in 60 Days

On December 16, 2004 the Labor Department published in the Federal Register final regulations implementing changes to employment rules for youth.  The new rules expand protections for youth working in restaurant cooking, roofing, and driving, among other changes.   

“These rules are part of the department’s ongoing effort to promote positive, safe work experiences for young workers,” said U.S. Secretary of Labor Elaine L. Chao.  “This follows upon our very successful YouthRules! public awareness campaign launched in May 2002 to educate teens, parents, educators, employers, and the public about federal and state laws regarding young workers.” 

The rules incorporate into the regulations the provisions of two statutory amendments to the Fair Labor Standards Act that deal with driving and the operation of compactors and balers by teenage employees.  The first statutory change established criteria permitting 16 and 17-year-olds to load, but not operate or unload, certain waste-material baling and compacting equipment.  The second statutory change delineated what limited on-the-job driving may be performed by qualified 17-year-olds. 

Provisions are also included to modernize the youth employment provisions regarding what types of cooking 14- and 15-year olds are permitted to perform.  The new rules now permit those minors to clean and maintain cooking devices in some situations. 

The rules published also expand the current prohibition against youth under age 18 working in roofing occupations to encompass all work on or about a roof, including work performed upon or in close proximity to a roof.  Under the new provisions, youth may only perform such work if in an apprenticeship or student-learner program.

The department published the rules following the review of comments received in response to a Notice of Proposed Rulemaking.  The final rules address some of the recommendations made by NIOSH in a report to the department in May 2002.  The complete text of the rule is now available in the Federal Register, online at www.gpoaccess.gov/fr/index.html/fr/index.html and the department’s website at http://www.dol.gov/.

The department has also revised existing compliance assistance materials to comport with these new rules.  These materials may be found at http://www.youthrules.dol.gov/  and http://www.wagehour.dol.gov/. Information may also be obtained by calling the department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243).  Or you can go to the IGIA website http://www.iowagrocers.com/ where we have linked these rules.

Fact Sheet #34 - Important Changes in the Child Labor Laws Affecting the Driving of Automobiles and Trucks Under Hazardous Occupations Order No. 2

Fact Sheet #57 - Hazardous Occupations Order No. 12 . Rules for Employing Youth and the Loading of Power-Driven Balers and Compactors under the Fair Labor Standards Act (FLSA)

Fact Sheet #58 - Cooking and Baking under the Federal Youth Employment Provisions of Fair Labor Standards Act (FLSA)