You Have The Law On Your Side Prepared

You Have The Law On Your Side Prepared by: Mr. Greg Coriarty

Child Labor Laws • They provide protection to minors • Considered a minor if under the age of 18 • Your priority is education – It Is The Law • If under 16, full-time education is compulsory

Do We Need Laws to Protect Minors? • • Source: The History Place Photographer: Lewis W. Hine Approximate Year 1910 1938 Congress passed the Fair Labor Standards Act, aka the Federal Wage and Hour Law The Act was declared constitutional in 1941 by the U. S. Supreme Court The Act set a work week of 40 hours, with a minimum wage of 40 cents per hour It prohibited child labor under age 16 while allowing minors 16 and over to work in non-hazardous occupations

Yes We Do…Need Labor Laws • • Source: The History Place Photographer: Lewis W. Hine Approximate Year 1910 The Act set 18 as the minimum age for work in industries classified as hazardous Children aged 14 and 15 could be employed in nonmanufacturing, nonmining, and nonhazardous occupations outside of school hours and during vacations for limited hours

Today’s Law Minors 14 & 15 • • • Source: Youth Rules 3 hours on school days 8 hours non-school days Between the hours of 7 AM to 7 Pm Maximum of 18 hours per week Maximum of 6 days per week

Today’s Law Minors 16 & 17 • • Source: Youth Rules • 4 hours on days preceding school 8 hours on Fri. , Sat. , and Sun. Between hours of 6 AM and 10 PM Maximum of 28 hours per week 6 days per week

You Are Asked to “Work Off The Books” • There are no laws to protect you; only to punish you • There will be no records of employment • No reference • No insurance if you get hurt on the job • No Social Security accrual • Only a prison cell

What Will You Need Before You begin Working? • Working papers – depends on your age and school status. They Include: • Student Non-factory Employment Certificate • Issued to 14/15 year olds for trade, business, or service not for factory workroom or work with dangerous materials or chemical processes • Student General Employment Certificate • Issued to 16/17 years old attending school allows factory work but not hazardous employment such as certain power-driven machines, construction work, or as a helper on a motor vehicle

Two Relevant Exceptions • Farm Work – 12 years of age or older • Hand harvest berries, fruits, & vegetables • Maximum 4 hours daily between 7 AM & 7 PM (summer hours) 9 AM to 4 PM school year • Newspaper Carriers – 11 years of age or older • Delivers and/or sells newspapers, shopping papers, or periodicals to homes or businesses • Maximum 4 hours on school days; 5 hours other days between 5 AM to 7 PM or 30 minutes prior to sunset, whichever is later

Additional Working Papers • Full-Time Employment Certificate • Issued to 16 and 17 year olds not attending school, or is leaving school for full-time employment valid for factory work but not hazardous employment such as certain powerdriven machines, construction work, or as a helper on a motor vehicle • Farm Work Permits, Newspaper Carrier permits, Street Trade Permits, Child Model Permits

How Do You Get Working Papers? 1. Need written permission from parent 2. Need proof of age 1. Birth certificate, or 2. Document at least two years old 1. Must satisfy officer issuing certificate 3. Need certificate of physical fitness 1. Assures young person is of sound health, and 2. Work will not impair his/her physical condition Full-Time Employment Certificate requires a parent or guardian to appear in person before school authorities to give consent

You Are Almost Ready to Work • Locate your Social Security Card • If you do not have one, apply for one at the local office • This number is used to identify you for most payroll functions and at tax time • It can also be used as a form of identification when completing the I-9 form You will not need a Social Security Card if you are working off the books

The Law: What Does It Say? • Can this young man of 12 years of age make his paper delivery at 5: 30 AM on a Monday? • Yes. He will need a Newspaper Carrier Permit which he must carry with him while working

Can These Seven Year Old Girls Pick Berries? • Source: The History Place Photographer: Lewis W. Hine Approximate Year 1910 No. Today they are required to be at least 12 years old to hand pick berries, fruits, or vegetables. • Restrictions are stated in Permits, AT-25, white paper page five of DOL Laws Governing the Employment of Minors

This Is Considered Street Trade • Source: The History Place Photographer: Lewis W. Hine Approximate Year 1910 This 16 year is selling newspapers with a Newspaper Carrier Permit. Does he need a new permit? • Yes. This is different from the Newspaper Carrier Permit. • To sell on the street, a Street Trade Permit is required. They are issued to boys and girls 14 to 18 years old to sell on streets or in public places. Applies to shoeshiners as well

A Chemical Factory • Source: The History Place Photographer: Lewis W. Hine Approximate Year 1910 Many of the young men in this photo are between the ages of 10 and 17. Can they be legally employed here? • No. Labor Law governing minors prohibits all minors from working in hazardous employment and specifically states for 14 and 15 year olds “…dangerous materials and chemical processes. ” • Found on page 4 of DOL Laws Governing the Employment of Minors

Working Off The Books • Source: The History Place Photographer: Lewis W. Hine Approximate Year 1910 As these young workers clean fish for a company “off the books. ” What rights do they forfeit? • Protection of insurance if hurt on the job • A source as a future work related reference • Social Security

Working Too Late • Jason, a 15 year old sophomore is working off the books at a local music store from 4 PM until 9 PM on school nights. Is this legal? • No. The law states that 14 and 15 year olds can work 7 AM to 7 PM, 3 hours a day on school days. • Off the books does not make this legal. It makes it worst.

A Bonus Question In 1938 Congress passed the Fair Labor Standards Act. On a separate piece of paper, discuss two points of the act that you learned today.

There Is So Much More To Know • • For additional information check these websites http: //www. historyplace. com/unitedstat es/childlabor/index. html http: //www. youthrules. dol. gov/index. ht m www. labor. state. ny. us Or, email me at gregrc 4@aol. com