EMPLOYMENT LAW BULLETIN
Vol. 05, No. 3
Courtesy of ESKRIDGE LAW
Are you currently employing any teen workers? If the answer is "yes," remember that you must follow certain laws regulating the employment of teen workers. Recently the U.S. Department of Labor published its final regulations that implement changes to some teen worker employment rules. These rules were effective February 15, 2005 and expand protections for minors working in certain industries. Note that California's child labor rules generally incorporate the federal regulations.
The following is a summary of some of the more interesting rules published in the final regulations:
Teens (Under 16) in the Food Industry:
New Rules: 14- and 15- year-olds can only cook with deep fryers that have automated baskets or electric or gas grills that don't have open flames. All other cooking and baking tasks remain prohibited for these employees. However, they may continue prep and serving work and the operation of nonhazardous machines like popcorn poppers, automatic coffee makers, and milk shake blenders. These employees may also clean up equipment and oil or grease that is no hotter than 100 degrees Fahrenheit.
Old Rule Eliminated: Under the old requirement, 14- and 15- year-olds had to cook "in plain view" of the customers.
Teens and Driving on the Job:
The new rules incorporate the Drive for Teen Employment Act which completely bars workers under age 17 from driving on public roadways.
Under the new rules, for a 17-year-old to drive on public roads or highways all of the following conditions must be met:
- Driving must be done during daylight hours.
- Gross vehicle weight must not exceed 6000 pounds and the vehicle must have seatbelts. Employers must instruct the teen to use the seatbelt.
- The teen has a valid state license for the vehicle involved and has no records of moving violations at the time of hire.
- The teen has successfully completed a state-approved driver education course.
- The driving is only occasional and incidental to the teen's employment (i.e., involves no more than 1/3 of the work time in any workday and no more than 20 percent in any workweek).
- The driving does not involve towing; route deliveries or sales; the transportation for hire of property, goods, or passengers; urgent, time sensitive deliveries; more than two trips away from the primary place of employment in one single day to deliver goods or transport passengers; transporting more than three passengers; or driving beyond a 30-mile radius of the minor's place of employment.
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