Recent headlines include a story about a TV reality series that features a family with 8 children and chronicles their daily ups and downs. Apparently, the state department of labor where the family lives and the show is filmed is investigating whether or not the show violates child labor laws.
Personally, I’ve never seen the show but I thought the story fit nicely with the “summer work” theme (see blog post from 5/29/2009 FLSA and the Summer Intern) and would serve as an important reminder for employers who hire minors under the age of 18 for summer jobs.
Federal law under the FLSA states that an employee must be at least 16 to work in non-farms jobs. Greater restrictions are placed on youth 14 to 15 years of age. They may only work in industries other than manufacturing, mining or jobs considered hazardous by the Secretary of Labor . During summer months when school is not in session, minors 14-15 may work up to 8 hours per day, 40 hours per week. Their work day cannot start before 7 a.m. and must conclude by 9 p.m.
Child labor laws also exist at the state level and vary by state. They tend to be more specific regarding industry, work schedule hours and documentation. In Pennsylvania – home of the reality TV series – child labor laws place greater restrictions and obligations for both the employers and minor employee. All working minors under the age of 18 must obtain an Employment Certification and employers must keep true and accurate work schedules for minors.
It will be interesting to see how the investigation of the TV reality series plays out. Ironically, Pennsylvania has specific laws for minors in the entertainment industry and special permits for casting in motion pictures. The legal question centers on whether the reality series is simply filming the minors engaging in daily life, or if the home constitutes a TV set where producers direct the action. My guess is that we’ll see a surge of state laws intended to address this apparent gap.
To find out more about employing minors, visit http://www.youthrules.gov/
