@076 CHAP 5

              ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿
              ³          CHILD LABOR LAWS         ³
              ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ

Both the federal Fair Labor Standards Act (FLSA) and state
laws regulate (or prohibit) the employment of children in
businesses, with certain limited exceptions.  If you plan
to hire children to work in your business (other than hir-
ing your own children, which is usually permitted, except
where hazardous), you need to be aware of the basic child
labor law rules below.

In general, the FLSA prohibits hiring children under 16
years of age, although there are a number of exceptions.
In addition, children under 18 are excluded from certain
occupations that are designated as hazardous by the Secre-
tary of Labor.  Children under 16 cannot be hired under
the following circumstances:

    .  To work in any workplace where mining, manufactur-
       ing, or processing operations take place;

    .  To operate power machinery, other than office equip-
       ment;

    .  To operate or serve as a helper on motor vehicles;

    .  To work in public messenger services;

    .  To work in the following occupations (1) transpor-
       tation; (2) warehousing or storage; (3) communica-
       tions or public utilities; or (4) construction (ex-
       cept sales or office work).

Children age 14 or 15 can be hired in other occupations not
considered to be hazardous, but there are numerous limita-
tions on the hours and times when they may work, particu-
larly when schools are in session.  A few occupations, such
as delivering newspapers and doing theatrical work, are
exempt from the federal child labor laws, even for children
under age 14.

@CODE: CA

          ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿
          ³        CALIFORNIA CHILD LABOR LAWS        ³
          ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ


California state law also strictly regulates the hiring of
children. For example, no minors (except for 16- and 17-year-
olds, if they are not required by law to attend school) are
permitted to work more than 8 hours a day, work more than 6
days in a workweek, or work before 5:00 a.m. or after 10:00
p.m. (after 12:30 a.m. if the next day is not a school day).

The state's child labor laws are quite similar to the fed-
eral, except that they only prohibit employment of minors
under 16.  In general, the California child labor laws pro-
hibit hiring children under 16 years of age to work in man-
ufacturing establishments.  There are a number of other
prohibitions against hiring children under 16 to work with
various types of dangerous machinery or with toxic chemi-
cals.  In addition, children cannot work in a number of
occupations, situations, and industries considered hazard-
ous to their health or morals such as railroads, vessels,
mining operations, gasoline stations, and pool halls.

Thus, if you intend to employ children under 16 in a busi-
ness, you will probably need legal guidance as to the
conditions under which they may work, if at all, under
California law, as well as the federal law.

@CODE:OF
@CODE: HI
@CODE:NF

           ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿
           ³         HAWAII CHILD LABOR LAWS        ³
           ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ

In general, Hawaii state law also prohibits the hiring of
minors under age 18, although there are numerous exceptions.
For example, minors 16 or 17 years of age may be employed
when they are not legally required to be in school or when
excused, but the employer must obtain a valid "Certificate
of Age" from the minor.  The minor must obtain the certi-
ficate from the Dept. of Labor and Industrial Relations,
and the employer must record and keep on file the certifi-
cate number.

Children 14 and 15 may also be hired to work when not re-
quired to be in school, although there are limits on the
hours they may work.  They must have a different kind of
work permit from the Dept. of Labor and Industrial Re-
lations, a "Certificate of Employment." Either the minor or
the employer may apply on Form CL-1 for this certificate,
which will be mailed by the Department to the employer if
the work is allowable under the law.  Minors 14 and 15 may
not work more than 5 hours continuously without at least a
30-minute rest or lunch period, and may work no more than
the following:

    . 6 consecutive days;

    . 40 hours a week;

    . 8 hours a day; or

    . Before 7:00 a.m. or after 7:00 p.m except from
      June 1 to Labor Day (between 6:00 a.m. and 9:00
      p.m. during that period), and no more than 10
      hours of work and school a day, combined.

Minors under 14 years of age generally cannot be hired, ex-
cept in a few limited situations.