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Child labor law application Arizona

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  • Child labor law application Arizona

    Our company operates a seasonal arts and entertainment event. We issue site access passes for workers employed on our site for the event, whether they work directly for us or for an independent vendor. Our company does not, by internal policy, hire individuals under 16. We have been careful not to allow independent vendors to have worker passes for anyone under 14, to avoid the implication that we condone the violation of child labor law.

    We have one worker whose daugher travels with her, who is asking about exceptions to the law and I promised I'd look into it.

    I know there are exceptions for children under 14 working for their parents, and I've seen information that children working for other family members in agriculture might also be permitted. The child's mother operates her own business at our show. The child's father owns another business, and both the father and a grandfather are corporate officers for a third business.

    The child is twelve years old. Would she be permitted to work sales at the retail shop where both the father and grandfather are corporate officers? If so, is it contingent on whether one of those relatives is also working at the shop?

    I know. Convoluted.

  • #2
    This is complicated. I do not know AZ law, although that might not matter. Federal law by itself causes some problems.

    Under federal law, children under generally 14 are very restricted on just what they are allowed to do. Specifically to newspaper delivery, performing arts, working for their parents and non-hazardous agriculture. The "working for parents" exception means directly working for the parents, as in the parents are the employer.

    The federal regulations on this start around 29 CFR 570.117 - 570.121, under the heading of "Oppressive Child Labor". The exceptions to the general rules are in 29 CFR 570.122 - 570.130. The "parental exception" is 570.126.

    http://ecfr.gpoaccess.gov/cgi/t/text....1.30.8.127.26

    I took a quick look in my ABA lawbook on FLSA, and the decision of this particular exception does not really say anything that cannot be found by reading the regulation.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Just for your info - these are the Az. child labor laws

      Section 2. Child Labor



      In Arizona, no minor, under the age of 14 can be employed in any occupation at any time during school hours, nor shall any child under 16 be employed in underground mines, or in any occupation injurious to health or morals or hazardous to life or limb, nor for more than 8 hours in one day.


      23-233. Permissible Hours of Labor for Persons Under the Age of Sixteen

      In Arizona, the restrictions on employment pertaining to minors aged 16 and under are:
      they may work no more than 40 hours in one week when school is not in session or the person is not enrolled in any session
      they may work no more than 18 hours per week when school is in session
      they may not work more than 8 hours per day when school is not in session or the person is not enrolled
      they may not work more than 3 hours in one day when school is in session

      Furthermore, no minor under 16:
      shall be employed at night (9:30 p.m. to 6:00 a.m. when school is in session, or 11:00 p.m. to 6:00 a.m. on a day preceding a day when there is no school)
      shall work in solicitation sales or deliveries on a door to door basis between 7:00 p.m. and 9:30 p.m. when school is in session, or 7:00 p.m. and 11:30 p.m. on days preceding a non-school day


      Minimum Age of Newspaper Carriers

      Such provisions, however, do not apply to minors delivering newspapers to a consumer. With regard to newspaper carriers, magazine sales, or periodicals, the minimum age is 10 years old.


      Prohibited Employments of Persons Under the Age of Eighteen

      In Arizona, the prohibited occupations (unless a variance is granted), for all persons under the age of 18, are:

      1. Manufacturing or storing explosives, except those retail establishments handling small prepackaged arms ammunition.
      2. Occupations as a motor vehicle driver or outside helper, except for incidental driving and the person has a valid license and either the total driving time does not exceed 2 hours per day or 25% of work time, or the total mileage is fewer than 50 miles per day.
      3. Mine or quarry occupations.
      4. Logging.
      5. Occupations involving power-driven woodworking machines.
      6. Occupations involving exposure to radioactive substances and to radiation in excess of .5 REM per year.
      7. Occupations involving power driven hoists with a capacity exceeding 1 ton or an elevator, except the operation of an automatic elevator incidental to employment.
      8. Occupations involving the operation of power-driven metal working, forming, punching or shearing machines.
      9. Occupations involving, slaughtering, meat packing, processing or rendering or the operation of machines for such purposes.
      10. Occupations involving the operation of power-driven bakery machines.
      11. Occupations involving the operation of power-driven paper products machines.
      12. Occupations involving the manufacture of clay construction products or silica refractory products.
      13. Occupations involving the operation of power-driven saws.
      14. Occupations involving wrecking, demolition and shipbreaking operations.
      15. Occupations involving roofing or equipment attached to or placed on roofs.
      16. Occupations in excavation or tunnel operations, except manual excavation, etc. that do not exceed 2 feet in depth at any point from the ground surface.


      23-233. Prohibited Employments of Persons Under the Age of Sixteen

      In addition to the foregoing, there are other prohibited occupations (unless a variance is granted) for persons under the age of 16. Such include:

      1. Manufacturing.
      2. Processing.
      3. Laundering or dry cleaning in a commercial laundry.
      4. Warehousing.
      5. Construction.
      6. Boiler, furnace, or engine rooms.
      7. Occupations involving window washing, work from a ladder, scaffold, window sill or similar structure or place more than five feet in height.
      8. The following in retail food or gasoline service establishments:
      (a) Maintenance of machines or equipment of the place, except work in connection with cars and trucks if confined to dispensing gas and oil, courtesy service, car cleaning, washing and polishing, but not involving inflation of any tire mounted on a rim with a removable retaining ring.
      (b) Cooking and baking, except at soda fountains, lunch counters, snack bars or catering services.
      (c) Working with power driven food slicers, grinders, choppers and cutters.
      (d) All work in preparation of meats for sale, except wrapping, sealing, labeling, weighing, pricing and stocking.

      9. Any of the following in agriculture:
      (a) Operating a tractor over 20 power take off horsepower that is not equipped with a rollover protector.
      (b) Connecting or disconnecting any implement to a tractor over 20 power take off horsepower.
      (c) Operating various machinery, including but not limited to, a corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato harvester, mobile pea viner, feed grinder, etc...
      (d) Working in a pen occupied by a bull, boar or stud horse maintained for breeding purposes, a sow with young pigs or a cow with a newborn calf.
      (e) Felling, bucking, skidding, or unloading timber with butt more than 6 inches in diameter.
      (f) Picking or pruning from a ladder in excess of 8 feet in height.
      (g) Riding on a tractor as a helper, or driving a bus, truck or automobile.
      (h) Working in a fruit or grain storage area designed to retain an oxygen deficient or toxic atmosphere, an upright silo within 2 weeks of adding grain, a manure pit or a tractor for packing a horizontal silo.
      (i) Handling hazardous agricultural chemicals.
      (j) Handling explosives.
      (k) Transporting, transferring or applying anhydrous ammonia.


      23-235. Exemptions

      Such restrictions do not apply to the operation of power-driven equipment used in the care and maintenance of lawns and shrubbery not connected to retail, food service and gas service places; nor to clerical employment in an office in which the duties are performed without exposure to the hazards described herein above.

      Certain other exceptions also exist, particularly when the minor works for a parent or other relatives; the minor is employed as a star or performer in motion pictures, TV, or radio, if the production company provides to the Department, before the beginning of production, the name and address of the person, the length, location and hours of employment and any other info required by the Department; involvement in career education programs; involved in vocational or technical training school programs; employed as apprentices and registered by the Bureau of Apprenticeship and Training of the U.S.; trained under 4-H Federal Extension Service; who have completed vocational or career education programs approved by the Department of Education; who are married; or, who have a high school diploma or its equivalent.

      The information contained herein was obtained from Arizona Revised Statutes, ยงยง23-230 et seq. (1995) and, the State of Arizona, Labor Department manual, Youth Employment Laws (1998). There are additional regulations regarding the employment of minors, which are not discussed herein (e.g. agriculture and theatrical).

      The State Labor Department, a division of the Industrial Commission of Arizona, is charged with the enforcement and administration of the Youth Employment Laws. It must be noted, however, that the Federal Fair Labor Standards Act, administered by the Wage and Hour Division of the US Department of Labor, also contains provisions regulating the employment of children. Where there is a difference between Federal and State Law, the stricter law takes precedence.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        I've now read most of Title 29 plus the Arizona restrictions. If I understand correctly then, the child (even though only 12) might be permitted to work for her father or mother in one of their shops under their direct supervision, but not in her grandfather's shop, especially if he is not supervising her.

        Thank you both for the infomation.

        Comment


        • #5
          That's the way I understand it also & you're welcome.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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