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Child Labor Law/NJ New Jersey

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  • Child Labor Law/NJ New Jersey

    My daughter is 16 and works retail...the employer kept her over 8 hours including meal and break...I know this is a violation...I complained to corporate...she comes home tonight with a letter from corporate stating they "noticed some minors have been violating the child labor laws...and if you have trouble following the state mandated laws please notify management...failure to follow the guidlines may result in disciplinary action." My question is...can they hold the minor responsible? The manager is the one keeping the minor longer...

  • #2
    Your daughter is not going to be disciplined by the state for this, if that is what you are asking.

    If it is not, please clarify.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      She was given a paper at work from management, in short, stating if she couldn't follow the guidelines it would result in disciplinary action...the manager is the one making them stay past 8 hours...so how can the minor have disciplinary action taken against them? Seems to me the minors are being threatened with "disciplinary action" for the manager breaking the law. Is that legal?

      Comment


      • #4
        Has your daughter talked to this manager and shown him or her the letter? If that doesn't work, have her talk to the next manager up. Front line retail managers are notoriously poor managers with little training and are often just the guy with the highest seniority and no real management training or skills. This front line manager may not even be aware what the rules are. If he or she does and is purposely flaunting them, then someone higher up the food chain needs to be made aware of this.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          The employer was just letting her know that is also her responsibility to know the labor law that protects her. I started working at a young age too and had to learn about the labor law that applied the amount of hours I could work during the school year and when school was out.

          Good luck to your daughter.

          Comment


          • #6
            I had made the complaint to corporate about them working her over 8 hours...this was last week. Last night when she went to work, she said everyone who had worked on the date I had complained about had these letters on their time-cards. She also said someone from Human Resources was there...I believe it was the district HR...I asumed this letter was from her...although, it is signed "management". The letter is threatening the minors with disciplinary action for something that is out of their control.

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            • #7
              How do you know that the employer did not also speak to the manager? Prudent employers would contact all parties in this matter.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                All I expected is for the employer to remind the manager of NJ child labor laws...nothing more...I did not expect my daughter to get a letter threatening her for not complying with something that is out of her control. So if this manager keeps her past 8 hours again, then action can be taken against her? This is how this letter reads to me. Contact all parties, yes...but to threaten the minors with action, no.
                Last edited by tracooksey; 07-12-2007, 05:53 AM. Reason: Editing

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                • #9
                  Yes it is legal. May I suggest in the future you let your daughter be the one tyo handle the work issues. It does her no favors to have Mom or Dad run interference. It comes across as immaturity and an inability to accept responsibility for herself. If she is old enough to have a job, she needs to handle these things herself. You are lucky they were willing to speak with you at all. Many employers will not share information with non-employees.

                  She should call corporate or whomever and ask how they wsh her to handle the situation. Has she even tried to work it out at the local level? Or just stayed mum while being scheduled for more hours than she should have? Next time they ask her to work more than 8 hours she needs to speak with the manager in charge, preferably with letter in hand, andexplain that by law she can not work the hours scheduled. If they fire her for refusing to break the law, then there is recourse. If the company put her on alert that they did not want her working more hours than allowed, and she didn't say a word and worked it anyway, then yes, they can fire her. "Because he said it was ok" probably stopped holding water as an excuse for doing things she knew she shouldn't do by elementary school.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment


                  • #10
                    She is only 16 years old...this is her first job. I am not trying to run interference...I am trying to show her how to stand up for herself...I show her once...it isn't like now that she has her first job that she is on her own. I feel like it does her no favor by allowing her employer to do as they please and break the law just because she is a minor. "Minor" being the key word here...not an adult...nor legally able to make decisions on her own...she will and does handle things on her own...she was not "scheduled" more hours than she should have been...they just kept her longer than she was supposed to have been. I've never seen an employer actually "schedule" a minor longer than the mandated 8 hours, due to the laws...(paper trail).

                    I did advise her to keep her warning paper on hand and to clock out when her 8 hours are up, REGARDLESS...so we will see what hapens. Thanks for your advice.

                    Comment


                    • #11
                      Your daughter needs to understand that she must take responsibility for herself in the work world and elsewhere. Just because a manager wants to disregard the law, doesn't mean she has to go along with it. Corporate is basically telling her that. They can't police every work site; so, they are telling their minor employees that they expect them not to work illegal shifts. She certainly controls whether she works or not.

                      I would interpret the letter as stating that she won't be fired for refusing to work an illegal schedule, so she can do so without fear of reprecussions.

                      As someone noted, you don't know what corporate said to the offending managers. However, the letters are rather public notice that they created a problem that corporate has to address.

                      Your action solved the problem. That it wasn't handled exactly as you wished, is another valuable life's learning lesson for your daughter.

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                      • #12
                        Man all of you people are whacked. I have seen every single one of you post something to the effect of "You are a child and will do what any adult tells you." on the boards where it suits you and now you are telling someone to tell his sixteen year old to handle it herself. Screwed if you do and screwed if you don't is all I can say.

                        Comment


                        • #13
                          Any adult? Or a parent?
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            Originally posted by mitousmom View Post
                            Your daughter needs to understand that she must take responsibility for herself in the work world and elsewhere. Just because a manager wants to disregard the law, doesn't mean she has to go along with it.
                            One other issue. Supervisors do not necessarily know in real time the exact number of hours every subordinate has worked. I generally had around 10 direct or indirect reports and I never knew exact hours until timesheets were submit. The responses maybe have assumed that the evil supervisor knew exactly how much time had been worked but was deliberately telling the minor employee to go ahead and break the law. Maybe so. It is also possible however that the supervisor does not have a clue what hours have been worked, and maybe also did not have a clue what the legal requirements were. Hopefully as I suggested earlier the company also talked to the supervisor. In my experience, ignorance of labor law is a common trait among line supervisors.

                            The employer is not legally required to be perfect. Mistakes happen. The employer however is required to take reasonable steps to mitigate any legal violations that become known to them. This should include talking to the supervisor, but also talking to the minor employee is (IMO) a reasonable step.
                            "Reality is that which, when you stop believing in it, doesn't go away".
                            Philip K. **** (1928-1982)

                            Comment


                            • #15
                              The supervisor knew she was over her 8 hours, as myself and another parent were standing there complaining about it...we told him it was past 8 hours...we were there to pick them up...the other parent was inside the store really complaining as it is an ongoing problem...the supervisor was becoming more agressive with the employees inside so she (parent) stepped out of the store. I was standing there telling my daughter to go clock out, NOW.

                              Comment

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