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This year, the United States Department of Labor (DOL) has repeatedly emphasized its focus on child labor law enforcement. The most recent DOL announcements come as the summer hiring season is quickly approaching.  

Summer is a busy time for employers as they seek to fill seasonal positions or hire more employees to meet increased demand. Over the past few months, the DOL has made multiple moves toward strengthening its child labor law enforcement efforts. As we covered in January, child labor violations were up 37% in 2022, which led the DOL to focus on enhancing enforcement. In late March, the DOL entered a Memorandum of Agreement with the U.S. Department of Health and Human Services to address child labor issues. The agreement aims to formalize a partnership between the agencies and allow them to engage in greater information-sharing and coordination. Most recently, the DOL announced additional efforts in southeastern states, where it has more commonly found violations in the restaurant, retail, construction, and amusement industries.  

DOL enforcement can lead to significant consequences for employers. The DOL’s Wage and Hour Division (WHD) has the authority to conduct investigations and gather information to ensure compliance with the Fair Labor Standards Act (FLSA). Violations may lead to civil money penalties, the amount of which can depend on the circumstances of the case. For example, the WHD recently obtained a court order assessing $21,658 against a hotel operator for employing two minors under the age of 12. 

Employers considering hiring minors or unpaid interns should proceed carefully in light of this regulatory environment. Generally, federal law does not limit work hours for minors between ages 16 and 17, but the law limits the hours 14- and 15-year-olds may work, even during the summer. Moreover, federal law prohibits all minors from working in certain occupations and places further limits on minors below the age of 15. States may have additional requirements. Employers should consult applicable state laws, as they may be more restrictive than federal requirements. 

Employers Council has the resources to help you navigate these issues, such as our whitepapers on child labor requirements and unpaid interns and the CCH Multi-state chart builder to research child labor laws in other states. If you have any questions, please contact our Member Experience Team.