With the summer job season in full swing, young people under the age of 18 are seeking employment opportunities while school is not in session. What employers may not be aware of is that 2023 has already seen increased focus and enforcement activity with respect to wage and hour laws applicable to minors (typically youth ages 14 to 17) in the workforce, including from the US Department of Labor (DOL) and the US Department of Health and Human Services (HHS). To complicate matters, various state legislatures have rolled out, or are in the process of rolling out, legislation that at times may conflict with federal law. This article offers insights and best practices to help employers navigate the growing tension between federal lawmakers and state legislation.
IN DEPTH
RENEWED FEDERAL SCRUTINY
On February 27, 2023, the DOL and HHS issued a joint announcement highlighting a 69% increase since 2018 in noncompliant practices with respect to the employment of minors. As a result, the federal government has renewed its focus on the use of child labor. To help combat noncompliance with child labor laws, the DOL and HHS have spearheaded a collaborative effort that will include, among other efforts, an interagency task force and a national strategic enforcement initiative on child labor. The announcement made clear that the DOL and HHS intend to hold all employers accountable for any noncompliance with child labor laws. The announcement called on Congress to increase the maximum...
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