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by John Wargowsky

Federal and state governments have enacted laws and regulations to protect the safety, health and well-being of children in the workplace. Mid American Ag and Hort Services (MAAHS) reminds employers to be knowledgeable of these federal and state laws and regulations. Often, state laws are more restrictive than federal laws.

The federal Fair Labor Standards Act (FLSA) includes child labor provisions that are different for "agriculture" and "nonagriculture" as defined by the FLSA. Violations of federal child labor laws can cost up to $10,000 per violation. Hazardous jobs, hour restrictions, minimum wages and record keeping requirements are key provisions of FLSA. Hazardous jobs are prohibited depending on the age of the minor and whether or not agricultural exemptions apply. Hour restrictions exist depending upon the age of the minor and whether or not employment is in agriculture. Proper wages must be paid minor employees with some variations for specific occupations and the training wage. Record keeping is required for employers of minors in agriculture under age 16.

In Ohio, minor labor laws require work permits except for minors employed in agriculture who do not reside in migrant labor camps. Wage agreements are required for all employed minors. Restrictions for hours worked (including rest breaks) are spelled out. Employers must post a list of minor employees except for minors employed in agriculture who do not reside in migrant labor camps. Employers must keep time records for each minor employed. Wages may not be withheld for shortages, presumed negligence, breakage of machinery, incompetence or inability to perform work. Minors are restricted from working in prohibited occupations. The State of Ohio Minor Labor Law Poster must also be conspicuously displayed.

Employers can find links to detailed compliance information by going to www.midamservices.org, clicking on 'labor laws' and then 'minor labor.' Employers are encouraged to use job descriptions with minor employees. This practice can detail the work expected of the minor and clearly spell out that minors are not to engage in hazardous occupations. Proper hiring practices, training, supervision and compliance with federal and state laws can lead to the successful employment of minors.