The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has issued final regulations (pdf) governing the employment of children for non-agricultural jobs. According to a summary published in the Federal Register, the final rule revises the child labor regulations to incorporate statutory amendments to the Fair Labor Standards Act (FLSA), updates and clarifies the regulations that establish protections for youth employed in nonagricultural occupations, and implements specific recommendations made by the National Institute for Occupational Safety and Health (NIOSH) in its 2002 report to the DOL. Additionally, the regulations substantially increase the maximum permissible civil money penalty an employer may be assessed for child labor violations that cause the death or serious injury of a young worker. In a statement, the DOL claims that the final regulations “give employers clear notice that there are certain jobs children are simply not allowed to perform. They also expand opportunities for young workers to gain safe, positive work experience in fields such as advertising, teaching, banking and information technology, as well as through school-supervised work-study programs.”

The final regulations address the following areas, among others:

• Child Labor Regulation No. 3 (Reg. 3), which governs the employment of 14- and 15-year-olds. Reg. 3 limits the hours and times of day that these minors may work and identifies occupations that are either permitted or prohibited for such minors. According to these provisions – contained in subpart C of part 570 (29 CFR 570.31–.37) – 14- and 15-year-olds may work in certain occupations in retail, food service, and gasoline service establishments, but are not permitted to work in certain other occupations the DOL has deemed hazardous. Work of a “mental or artistically creative nature” is now permitted.
• Hazardous Occupations Orders (HOs), found in subpart E of 29 CFR part 570 (29 CFR 570.50–.68), which specify the occupations in particular industries that are prohibited for minors. Certain exemptions, detailed in § 570.50(b) and (c), are permitted for the employment of 16- and 17-year-old apprentices and student learners.
• Door-to-door or “street sales” are prohibited for 14- and 15-year-olds. This ban does not cover charitable or fundraising efforts such as selling Girl Scout cookies.
• Certain standards for work-study programs were relaxed, as outlined in § 570.37.

These final regulations become effective as of July 19, 2010.