Child Labor Laws March 26, 2015

INTRODUCTION
Several changes are taking place in the State of PA that directly affects cooperative
education and CTE business partners who employ our students. Aside from the
major changes in PA Law, there are also issues currently being deliberated at the
State level that could potentially negatively affect working relations with businesses
including the possible increase in minimum wage. Cooperative education instructors
and CTE administrators have the responsibility to stay abreast of these issues and
deploy the proper processes and procedures to implement a successful work
relationship with employers.
Randy Liddle, an Investigator with the Department of Labors Bureau of Labor Law
Compliance department is an expert in his field. With over 33 years investigating
labor law violations, he enforces all the labor laws dealing with wage and regulating
issues 12 laws in total. With only five offices in PA and 28 personnel enforcing
labor laws in the state of PA, RZandy is an important connection for all Western
Region CTE administrators and Coop Personnel. Contact information follows this
report.
Child Labor Laws apply to anyone under the age of 18. As soon as a minor reaches
their 18th birthday, the laws do not apply. Labor laws were initially implemented of
course to protect the health and safety of children in the workplace (specifically
factories). The main purpose of labor laws is to protect children NOT prevent them
to work. This is an important concept to relay to employers many employers are
intimidated by employing minors because of the laws. They are fearful and
uneducated in many cases about the law. It is the responsibility of the cooperative
education coordinator to emphasize the Protection purpose of the laws and
educate the employer on the issues that directly affect their relationship with the
CTE cooperative education program.
REVISIONS IN THE LAW
As the laws change, so do our responsibilities. We need to be able to correctly
interpret these laws which in many cases can be a very interpretive process. Some
recent changes in the law include:

ACT 102 (PA 2009) Prohibits health care employers to make nurses
work overtime. Nurses are defined as anyone who provides direct
patient care, including CNAs a coop concern.
ACT 72 (Independent Contractors in the Construction Field) Certain
attributes must apply to an employee before the employer can label a
worker independent contractor

The largest change directly effecting cooperative education was the implementation
of the new State Laws. There are two laws that govern child labor in PA: State and
Federal Laws. Historically, these two laws had major discrepancies. In 2012, the PA
labor law was repealed to better align with federal laws. However, the PA laws
remain a separate entity, and there are still discrepancies between the two. In any
case where there is a conflict, the Stricter standard rule applies. While PA laws
solely covers employers in the state, there are cases where employers may be
headquartered in a difference state, with employees in PA. This is where the federal
law steps in by incorporating the interstate commerce law. In essence, regardless of
the situation, every minor is protected under either state or federal law. It is also
important to note that while the labor laws have changed, the regulations have not.
Regulations refer to the 17 hazardous orders, or 17 things minors are not permitted
to do. Again, these hazardous orders have not changed, but the state may add to
the list as deemed necessary.
Some of the key changes in the new law include:
1) More regulation in the entertainment industry (PA mirrored CA Law)
2) Provided changes in limitations of hours worked
a) Two distinct groups:
i) 14-15 year olds: during school (regulated by state & federal gout), they
must be done working by 7pm unless on a school vacation
ii) 16-17 year olds: Federal laws state NO limits. Pa law trumps by allowing
only 8 hours a day/28 hours a week
3) Redefined school vacation period
a) Any time that a student is not required to be in school Cant work before
6am or after midnight If it is a day before the weekend
b) Federal law does NOT recognize school vacation
4) Work Permit
a) Reduced the number of steps involved in acquiring a work permit
eliminated two steps
i) Currently, minor simply requests an application from counselor, obtains
parent signature, proves his/her age, and returns to school officer no
need for a physical OR employer identification.
ii) Minor does not need to have a potential employer identified. Minor may
secure work permit prior to potential employment
b) Officer may revoke or deny a permit based on a students academic
performance.
c) Used to be an exemption for minors who quit school current law says NO
EXCEPTIONS minor MUST secure a work permit.
5) Prohibited occupations / Hazardous Orders
a) There are 17 Hazardous Orders occupations typically minors are prohibited
to work

b) Prohibited work in certain occupations Federal law has been incorporated

into PA Law
i) Child law regulations NO CHANGE but state may add to the list as
deemed necessary
6) Established administrative penalties
a) Investigators may cite employers
b) All fines, penalties are levied against employer not the school or coop
advisor

THE LAW AND COORPERATIVE EDUCATION

Coop programs are covered by child labor laws. The coop program provides several
advantages / benefits to employers:

The regulations are more relaxed if a student is learning a trade while

working, they are permitted to preform that work.
Number of actual hours worked can be increased for cooperative education
students
Training agreements are already completed and set in place. Employer
doesnt have to worry about completing

DUTIES OF ALL PARTIES INVOLVED

1) Student
a) Complete and RETAIN the work permit
i) If child is 14-15, needs parent signature
ii) If child is 16-17, doesnt need parent signature
2) Employer
a) Confirm age of student
b) Secure a copy of work permit
c) Validate the work permit by notifying the school (issuing office) within five
days after student begins working. Notification must be in written form,
stating the start date, working hours and job duties
i) If minor is terminated or changes employers, the employer must send a
letter stating termination. New employer must send notification of
employment to school.
3) Cooperative Education Coordinator
a) Before placing a student, determine a safe work environment eliminates
concerns of regulations/illegal occupations
b) Educate the potential employer about child labor laws and wage laws
c) Assist in securing work permit
d) Confirm work permit is on file and that employer has validated/confirmed the
work permit
i) Coop coordinator can assist employer by having a validation form already
completed simply have employer fill in the blanks and sign

e) Establish training agreement set guidelines (hours, limitations, etc.)

During school term students are permitted to work vacation time during school
vacation days

References:

Randy Liddle, Investigator Department of Labor Bureau of Labor Law

Compliance Office Phone 814-505-1184
Email: rliddle@pa.gov
US Department of labor web site Youth Rules: http://youthrules.dol.gov/
US Department of Labor web site Employer/Employee relationship
PA Department of Labor ACT 102
http://www.portal.state.pa.us/portal/server.pt?
open=514&objlD=614498&mode=2
PA Department of Labor ACT 72 Misclassification of Construction workers
http://www.portal.state.pa.us/portal/server.pt?
open=514&objlD=953319&mode=2