Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online

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Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
Hiring Iowa Teens:
A Guide for Employers about
   Iowa Child Labor Law
Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
As an employer, you are
always seeking good
employees to add to your
business. Many youth are
eager to work in Iowa,
especially during the
summer months.To a
teenager, a job means
money for school and other
expenses, work experience
and help in deciding on a
career.

If you have positions
available for teens, please
contact your nearest Iowa
Workforce Development
Center for help with filling
those positions.
Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
Child Labor Laws…………………………………pg. 2
Work Permits & Certificates of Age……………...pg. 3
Hours Teenagers can Work……………………….pg. 4
Special Hours for Street
Occupations & Migratory Labor…………….…….pg. 5
Types of Employment………………………………pg. 5
Jobs Considered too Dangerous…………….……pg. 7
Differences between Federal
and State Child Labor Laws…………………………pg. 8
Contact Information………………………………pg.11
       The information provided in this book includes new regulation changes
                           that took effect July 1, 2009.

             Child Labor Laws
Child Labor laws dictate:                 In Iowa, both federal and state child
 • the hours youth may work               labor laws may apply. Sometimes
 • how many hours may be                  there are differences between the
   worked per day/week                    federal and state laws, and it is
 • the time of the year youth may         important for employers to
   work                                   understand which laws apply to
 • types of jobs or occupations           specific circumstances. Access
   they may have                          www.iowaworkforce.org/labor/
 • when work permits are required.        childlabor.htm for a review of both
                                          state law versus the federal law.
Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
Work Permits and
             Certificates
             Certificates of Age
Iowa law requires youth to obtain      Age on file for each of your 16 or
a child labor form (work permit,       17 year old employees protects
form 62-2203) from an issuing          both the employer and employee.
officer to give to employers.The        Work permits and Certificates of
employer needs to complete the         Age are issued by local school
employer portion of the child labor    officials or at Iowa Workforce
form (right side of the work permit)   Development Centers. Hours of
stating the types of work to be done   work do not need to be specified
and the hours to be worked.The         for the Certificate of Age unless the
parent, along with the youth, signs    work involves delivering goods or
the form and the youth returns it to   transmitting messages.
the issuing officer for final review.
If the form has been satisfactorily    The young worker provides
completed by all the parties, the      identification to prove his/her age
issuing officer completes the last      before the form is valid. Acceptable
portion of the form, forwarding        evidence of age includes a certified
copies to the employer, the            copy of the minor’s birth certificate,
Division of Labor, and the parent.     passport, or certified baptismal
                                       record. Birth certificate copies are
A work permit applies to minors        available from the county of birth or
who are 14 or 15 years old for         state health department in Iowa. If
most jobs in Iowa.Youth who are 10     none of these proofs of age can be
through 15 must have street trade      obtained, documentation provided
permits to deliver newspapers or       by the federal government may be
perform any other street occupations   used or a physician may certify that,
such as selling items door-to-door.    in the physician’s opinion, the
Minors who are 12 through 16           applicant for the work permit is 14
years old working migrant labor        years of age or older.
must also obtain a work permit.        For more information, contact the
Employers may require a Certificate     Labor Services Division at
of Age for youth who are 16 and        www.iowaworkforce.org/labor or
older. Having a valid Certificate of    (515) 242-5869 or (515) 725-2168.
Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
Hours Teenagers can Work
Iowa law allows young people, who      But they may not work more than:
are 16 and older, to work any hours     • Four hours a day on school days
except in transmission, distribution    • 28 hours a week during a
or delivery of goods or messages.        school week
                                        • Eight hours a day during
Teens 14 and 15 years old may
work:                                     vacations and on weekends and
 • Outside school hours
                                          holidays
                                        • 40 hours a week during the
 • Between 7 a.m. and 7 p.m. after
   Labor Day through May 31               summer (June 1 through Labor
 • Between 7 a.m. and 9 p.m. from
                                          Day), or during the school year
   June 1 through Labor Day.              if there is a full week of vacation
                                       Workdays of five hours or more
                                       must allow for a 30 minute break.
Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
Special Hours for Street
 Occupations and Migratory Labor
Minors who are 10 through 15              – Between 4 a.m. and 8:30 p.m. for
years may work in street occupations,       the remainder of the year
such as delivering newspapers,            Minors who are 12 to 16 years
magazines, shoppers, circulars or         performing migrant labor need a
selling items door-to-door. To do this    work permit.With a migrant labor
type of work, youth need a street         work permit they may work:
trades permit.With a street trades         – Between 5 a.m. and 7:30 p.m. from
permit, they may work:                       Labor Day through June 1
 – Between 4 a.m. and 7:30 p.m. while      – Between 5 a.m. and 9 p.m. the
   local public schools are in session.      remainder of the year

Types of Employment for Teens
If 18 years or older, teens may           – Greenhouses and nurseries
work at any job without restrictions      – Printing and publishing firms
under the child labor law.
                                          If 14 years or older, teens may:
If at least 16 years old, teens may        – Pack fresh fruits or vegetables in
work in the following areas with              a retail or agricultural setting but
some restrictions:                            not in a processing setting
 – Manufacturing and construction          – Answer phones and take messages
    (but not with certain powered             in a telephone answering service
    equipment doing roofing,                – Caddy on a golf course
    excavation or demolition work          – Sell gas and oil or wash and
 – Insurance and real estate                  polish cars at service stations
 – Retail stores                              (To operate power washers, must
 – Hotels and motels                          be 16 years or older.)
 – Restaurants                             – Do office work, clerical work
 – Local government                        – Maintain grounds (To use power
 – Retail lumberyards                         lawn mower, or a weed eater as
 – Garages and auto repair shops              part of the job, must be 16 years
 – Service/Gas stations                       old.)
 – Hospitals and nursing homes            (continued on next page)
Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
In retail stores and businesses, 14     They may work between the hours
years and older may:                    of 7 a.m. to 10 p.m. with written
 – Run errands or make deliveries       parental consent. Hours must be
   by foot, bicycle or on public        outside of regular school hours if
   transportation                       the child is of school age.
 – Sell, price, pack and shelve store
   goods                                Youth, who are 14 and 15, may not
 – Assemble customer orders             work in hazardous occupations in
 – Bag purchases and carry out for      manufacturing, construction and
   customers                            mining, in most processing
 – Clean vegetables and fruits          occupations or as public messengers.
 – Do cleanup work (not using           They also may not clean, repair or
   chemicals that require or            operate power-driven machinery.
   recommend the use of personal
   protective equipment.)
 – Trim windows and make displays
   without the use of ladders
In food service firms, 14 years or
older may:
 – Serve food at lunch counters
 – Wash dishes
 – Do cleanup work (not using
   chemicals that require or
   recommend the use of personal
   protective equipment.)
Children under 16 years of age
who work as models may work no
more than three hours per day and
no more than 12 hours per month.
Hiring Iowa Teens: A Guide for Employers about Iowa Child Labor Law - Iowa Publications Online
Jobs Considered Too Dangerous
Teenagers under 18 are not               – Any occupation performed on or
allowed to work in dangerous or            about a roof
hazardous jobs, such as:                 – Excavating
 – In or about plants or                 – Occupations connected with mining
   establishments manufacturing or       – Motor vehicle driver or outside
   storing explosives or articles          helper
   containing explosive components       – Operating power-driven meat
 – Logging or the operation of any         processing equipment, including
   sawmill, lath mill, shingle mill or     meat and food slicers
   cooperage-stock mill                  – Any occupation in the
 – Operating power-driven                  manufacturing of brick, tile or
   woodworking machines                    similar products
 – Working where exposed to              – Working in or about foundries
   radioactive substances or to            (but may work in the office,
   ionizing radiations                     shipping and assembly area)
 – Operating elevators or operating      – Operating laundry, dry-cleaning
   a power-driven hoisting apparatus       or dyeing machinery
 – Operating power-driven metal          – Working where exposed to lead
   forming, punching or shearing           fumes or compounds or to
   machines                                dangerous or poisonous dyes or
 – Slaughtering, meatpacking               chemicals
   establishments or rendering plants    – Transmitting, distributing or
 – Operating certain power-driven          delivering goods or messages
   bakery machines or paper                between 10 p.m. or 5 a.m.
   products machines                       (includes telemarketing)
 – Operating circular saws, band saws    – Operating or assisting to operate
   or guillotine shears                    heavy equipment, such as
 – Wrecking, demolition or                 forklifts, backhoes or cranes
   shipbreaking operations               – Occupations in connection with
                                           mining
Federal and State Differences
Employers must comply with the            Penalties:
most restrictive law, if both apply.      State
Employers covered:                         – The parent, guardian or other
State                                        person having control of a minor
 – Covers all employers in Iowa              child, who negligently permits
                                             the child to work in violation of
Federal
                                             the act, is guilty of or commits a
 – If covered for federal minimum
                                             serious misdemeanor; punishable
   wage, then covered for federal
                                             by up to a $1,875 fine and/or one
   child labor
                                             year in jail per offense.
 – Companies with an annual gross
                                           – Employers may be charged with
   volume of sales/business of
                                             a civil penalty of up to $10,000
   $500,000 or more
                                             per minor, per violation.
 – Operating a hospital, institution to
   care for physically or mentally ill,   Federal
   disabled or the aged                    – Employers may be charged with
 – A school, including preschool,            an administrative fine up to
   secondary, or institution of              $11,000 per minor; for a second
   higher learning                           offense committed after conviction
 – Public agency                             of a similar offense, a fine of
 – Minor employees engaged in                $11,000 or imprisonment for not
   interstate commerce or production         more than six months or both. A
   of goods for interstate commerce          District Court restraining order
                                             can be requested to prevent
Hours 14- and 15-year-old teens
                                             future child labor violations (civil
may work:
                                             or criminal). The Genetic
State
                                             Information Nondiscrimination Act
 – four hours per day on school days,
                                             (GINA) allows up to $50,000 for
   and up to 28 hours per week
                                             each violation that causes death or
   when school is in session
                                             serious injury to a minor.
Federal
 – three hours per day on school
   days, and up to 18 hours per
   week when school is in session
Certificates of Age and Work             Federal
Permits:                                 – Federal law prohibits work during
State                                      school hours for 14 and 15 year
 – Iowa requires work permits for       olds and prohibits hazardous
  14 and 15 year olds and                  occupations. 12 and 13 year olds
  recommends Certificates of Age            are allowed to work on their
  for teens who are 16 and 17.             parent’s farm and on farms where
Federal                                    minimum wage is required, with
 – Work permits and Certificates            their parent’s written permission.
   of Age are not required, but are        Teens may:
   recommended from the state.             - Drive a car or truck on a farm
                                             property
Teens 16 and 17 years old:                 - Operate garden-type tractors
State                                      - Clear brush by hand
 – Prohibits occupations involving         - Hand plant seeds or plants
   operation of laundry, dry               - Weed, hoe, and water plants
   cleaning or dyeing machinery, and       - Care for poultry
   dangerous or hazardous chemicals        - Provide care for horses
Federal                                    - Pick produce, and/or place it in
 – Does not specifically prohibit             containers
   these occupations, but prohibits        - Help in milking operations
   activities listed on the 17             - detassel corn (may be full time)
   Hazardous Occupation Orders.          – The complete set of federal
   (Contact the U.S. Department of         agricultural regulations may be
   Labor at (515) 284-4625 or              found in Child Labor Requirements
   www.dol.gov)                            in Agriculture at www.dol.gov.
Child Labor in Agriculture:             School Training:
State                                   State
 – Iowa exempts minors who are           – Iowa allows students to work
   14 years and older and allows           under an instructor in an
   them to detassel corn from June         industrial arts department, or an
   through August. It also allows          instructor in a school shop,
   part-time work in agriculture.          industrial plant or vocational
   Part-time is defined as half of the      education course, or to apprentice
   maximum allowed hours.                  under certain conditions;
                                           no hour limits, no occupation
                                           restrictions, no work permits
Federal                                  – 14 and 15 year olds may work
 – Teens 14 years and older may be         part-time in agricultural
   employed during school hours in         occupations for 1/2 of the
   approved school-supervised and          maximum hours allowed: 20 hours
   school-administered programs and        per week during the summer, but
   apprenticeship programs.These           not more than 4 hours per day; 14
   programs can contain exemptions         hours per week while school is in
   from some of the hazardous              session, but not more than two
   occupations orders.                     hours per day
Exceptions:                              Federal
State                                     – Exempts for underage and hours
 – Part-time, occasional or volunteer       for children working in or for
   work for nonprofit organizations          parents’ business when a parent
   that are educational, charitable,        is the sole proprietor; but
   religious or community service           prohibits hazardous work even in
   in nature                                parents’ business
 – Detasseling, from June through         – Allows exemption for actors,
   August                                   performers in motion pictures,
 – Children of any age may work in          radio or television
   any occupation or business at any      – Allows exemption for homemakers
   time doing any type of work in a         engaged in wreath making
   business operated by the child’s      Special orders:
   parents if the parent is on the       State
   premises.                              – Iowa may issue written special
 – modeling under 16 years of age           orders allowing prohibited work
   between 7 a.m and 10 p.m. but            or hours
   for not more than 12 hours per
                                         Federal
   month and with written parental
                                          – No waivers under Federal law
   permission
 – Juvenile court to orders a child at
   least 12-years-old to complete
   work assignments of value to the
   state or to the public or to the
   victim of a crime committed by
   the child
For more Information, please
          contact:

   State Child Labor   (800) 562-4692
                       (515) 242-5869
                       (515) 725-2168
   Federal Child Labor (866) 4-USA-DOL
                       (515) 284-4625

        Additional information regarding
        Child Labor Law may be found at:
          The Division of Labor Services web site
        www.iowaworkforce.org/labor/childlabor.htm

   Federal Child Labor Law: http://youthrules.dol.gov/

                           Equal Opportunity Employer/Program
   Auxiliary aids and services are available upon request to individuals with disabilities.
                                     70-3700 (06/12)
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