Number: RL32881
Title: The Department of Labor's New Rules for Working Children and Yough: February 2005
Authors: William G. Whittaker, Domestic Social Policy Division 
Abstract: The Fair Labor Standards Act (FLSA) is the primary federal statute that deals with minimum wages, overtime pay, and child labor constraints - among its various functions. In jurisdictional terms, the Act has something of a dual structure. On the one hand, the Congress can (and has) legislated directly on behalf of children and youth who work. Conversely, where a field has not been preempted by Congress, the Secretary has the authority (and responsibility) to review areas of work by youth or children and to assess whether they are appropriate for youngsters and, if so, under what conditions such children and youth might be employed. This report reviews both functions. First. It reviews the implementation of two acts of the Congress: (a) youth workers who are engaged, as part of their more general work, as waste "paper balers" and "paper box compactors" (P.L. 104-174), and (b) persons, under 18 years of age, who engage in "incidental and occasional" use of an automobile as part of their work (P.L. 105-334). In each case, Congress has already acted. However, the implementation of these statutes has been left up to the Secretary of Labor - within certain guidelines. Second. Although the FLSA lays down certain general standards for youth/child labor, its general implementation and enforcement has been delegated to the Secretary of Labor. In this broader area of her responsibility, the Secretary is able to assess the types of work in which youth/child workers may be engaged, setting standards that will protect them from injury and will insure that the work does not interfere with the youth's educational responsibilities.
Pages: 23
Date: April 25, 2005