In our last Employer Alert, we reported on the substance of the new Genetic Information Nondiscrimination Act as it relates to genetic testing of workers by employers and insurers.  The Act also contains a provision that increases the maximum civil penalties for violations of federal child labor and wage and hour laws. 

Under the new law, the maximum civil penalty an employer could be fined for repeated or willful violations of the wage and overtime provisions of the Fair Labor Standards Act (“FLSA”) is $1,100 per violation – a ten percent increase.  The maximum penalty that may be imposed on an employer for violating the child labor provisions of the FLSA has also been increased by ten percent – to $11,000.

More significantly, any violation of child labor laws that causes the death or serious injury of an employee under the age of 18 may result in a maximum penalty of $50,000.  Previously, this penalty was $11,000 per violation.  The penalty may be doubled to $100,000 for a repeated or willful violation.

The U.S. Department of Labor is the agency charged with monitoring child labor laws, including enforcement of the FLSA child labor provisions.  Those provisions are designed to protect the educational opportunities of youth and to prohibit employment in jobs that are deemed detrimental to their health and safety.  The FLSA restricts the hours that youth under 16 years of age may work and identifies hazardous occupations deemed too dangerous for younger workers.   

With few exceptions, no one under the age of 18 may be employed in an occupation the Secretary of Labor has declared hazardous.  The Secretary has issued hazardous occupation orders that identify 17 hazardous occupations falling under this rule, such as driving a motor vehicle, working as an outside helper on motor vehicles, logging and sawmilling, operating power-driven woodworking machines and operating various other machines in the meat processing, metal processing, baking, and other manufacturing industries.  The hazardous occupation orders may be found on the Department of Labor’s website and its fact sheets. 

The statutory increase in penalties for violations of child labor laws may signal a stronger focus on enforcement of child labor laws by the Department of Labor.  Particularly now when employers are bringing on summer help, it is advisable for employers to reacquaint themselves with the laws and regulations limiting hours and type of work that younger workers may perform.