Kids Can't Work in Family Businesses

[dancingalone]

...a violation of labor laws apparently, even if it's their parents' business.

http://www.cnn.com/video/#/video/crime/2010/05/27/child.labor.parents.pizza.parlor.wfsb?hpt=C2

 

[Empty Hands]

I can see both sides of the argument. Helping with the family business is a well established tradition, and usually is good for the kids. On the other hand, you shouldn't be able to send your kids down into the family mine or work them 80 hours a week. There needs to be a line between acceptable and exploitation.

 

[Carol]

Personally I don't see anything controversial about it. There is a reason why we have child labor laws in this country, as well as minimum wage laws. Farm labor is exempt from a good number of labor laws, however this is the only industry that has broad exemptions.

Most employers in the nation are required to have certain labor laws posted where the employees can see them...naturally, the employer is expected to follow the laws. There is nothing wrong with having kids help in the family business as long as the business follows the law. That means, not hiring children before they are of legal age to work in their state, not having them work longer or later than state law allows, and not having them engage in hazardous occupations that cannot be performed until the minor reaches age 18. Kitchen jobs generally require the worker to be 18 years of age because of the hazards involved (cutting tools, hot stoves/ovens).

 

[dancingalone]

The family aspect of it is what raises my eyebrows, Carol. I'm presuming it's still OK to make a 12 year old mow the home lawn? There's some danger there with the blades and the gasoline if the kid doesn't know what he's doing. Why is that different from the family restaurant? Just because the restaurant is a business?

 

[Carol]

The family aspect of it is what raises my eyebrows, Carol. I'm presuming it's still OK to make a 12 year old mow the home lawn? There's some danger there with the blades and the gasoline if the kid doesn't know what he's doing. Why is that different from the family restaurant? Just because the restaurant is a business?

Ayup. That's why they are called labor laws. Another example -- driving a car. Some states will issue a driver's license to a teen as young as 15 with parental permission. A parent can agree to a teen driving themselves to school, or can ask a teen to drive to the grocery to get milk and eggs. However, to take on driving responsibilities as a part of employment (example: pizza delivery) the employee must be 18.

 

[CanuckMA]

The family aspect of it is what raises my eyebrows, Carol. I'm presuming it's still OK to make a 12 year old mow the home lawn? There's some danger there with the blades and the gasoline if the kid doesn't know what he's doing. Why is that different from the family restaurant? Just because the restaurant is a business?

the 12 year old can mow your lawn. However, if you have a gardening business, your 12 year old cannot be employed to mow lawns.

 

[5-0 Kenpo]

The quesion I have, which wasn't directly expressed in the story, is were they employed, or helping out (volunterring)?

 

[Carol]

The quesion I have, which wasn't directly expressed in the story, is were they employed, or helping out (volunterring)?

Volunteering for a for-profit business is against federal law, as per the U.S. Fair Labor Standards Act of 1938.

http://www.dol.gov/elaws/esa/flsa/docs/volunteers.asp

 

[5-0 Kenpo]

Volunteering for a for-profit business is against federal law, as per the U.S. Fair Labor Standards Act of 1938.

http://www.dol.gov/elaws/esa/flsa/docs/volunteers.asp

Using your link, I found this:

http://www.dol.gov/elaws/esa/flsa/screen75.asp

At the very bottom, it says that children who are employed by their parents are exempt from child labor laws under FLSA.

 

[Carol]

Using your link, I found this:

http://www.dol.gov/elaws/esa/flsa/screen75.asp

At the very bottom, it says that children who are employed by their parents are exempt from child labor laws under FLSA.

Here is where it gets complicated. Most labor laws are governed at the state level, the FLSA and FMLA (Family and Medical Leave Act) being notable exceptions.

However, most labor laws are applied at the state level. In general, if a circumstance applies to both state and federal law, the employer must follow the more stringent of the two...CT goes as far as spelling this out with their child labor legislation:

Employers subject to coverage by both state and federal laws regulating the employment of minors must comply with the more stringent provisions of the two laws.

http://www.ctdol.state.ct.us/wgwkstnd/minors/wgexempt.htm

Minimum age in CT is 14, along with duty, and schedule restrictions:

http://www.ctdol.state.ct.us/wgwkstnd/MinWageGuide/minors.htm#31-12

 

[Ken Morgan]

My Favorite of the Ferengi rules of acquisition: "Exploitation begins at home."

 

[jks9199]

the 12 year old can mow your lawn. However, if you have a gardening business, your 12 year old cannot be employed to mow lawns.

But... will that twelve year old find himself going to jail if he mows the neighbor's lawn for $20? Or shovels their walk in the winter? (That's how I made money for summer camp and other things when I was under 16...) Or babysitters?

This is the sort of thing that needs to be wisely and carefully administered

 

[knuckleheader]

The family, one son and attorney were on FOX news this morning. The kids do the work because they enjoy working with the parents and grand father. I think there will a loophole where the kids can continue to help out. This case is ridiculous.

If some here would get the facts, they'd see there is no exploitation
going on.

Anyone notice who the stellar Atty. general is?:mst:

 

[Cryozombie]

Volunteering for a for-profit business is against federal law, as per the U.S. Fair Labor Standards Act of 1938.

http://www.dol.gov/elaws/esa/flsa/docs/volunteers.asp

Weird. I work at a For Profit hospital, and we have an entire unpaid volunteer department that does all sorts of tasks around here.

 

[Empty Hands]

Weird. I work at a For Profit hospital, and we have an entire unpaid volunteer department that does all sorts of tasks around here.

That sort of thing is everywhere. Unpaid internships are the only way to get into entire industries. I wonder if the issue is the lettering of the law, or that no one has ever bothered to enforce it?

 

[Cryozombie]

That sort of thing is everywhere. Unpaid internships are the only way to get into entire industries. I wonder if the issue is the lettering of the law, or that no one has ever bothered to enforce it?

Maybe a bit of both?

 

[jks9199]

Maybe a bit of both?

It may also depend on the business or industry, as well as the title. I know, for example, that if the labor department looks at an intern, and finds that the work doesn't meet some sort of educational/training standard and instead the intern is just a way to get a :free" employee -- the business can find themselves owing the intern back wages as well as being fined...

 

[Carol]

The U.S. DOL has a set of six criteria that must be met for a worker to be an intern or unpaid trainee, they are defined in this opinion letter:

http://www.dol.gov/whd/regs/compliance/whdfs71.pdf

This attorney opines that volunteering for a for-profit health care facility is against FSLA:

http://www.businessmanagementdaily....teer-services-and-FLSA-compliance/Page1.html#


IMO the reason why many cases do not go before the state AG is because the workers that are working for free are generally young, new to the work force, and ignorant of the their protections under the law. They are also working for free because, presumably, they want a job in that particular industry, and would not want to do anything that would jeopardize their chance of getting a job. Which...is partly why these laws came about in the first place.

 

[Cryozombie]

IMO the reason why many cases do not go before the state AG is because the workers that are working for free are generally young, new to the work force, and ignorant of the their protections under the law. They are also working for free because, presumably, they want a job in that particular industry, and would not want to do anything that would jeopardize their chance of getting a job. Which...is partly why these laws came about in the first place.

Actually, here, most of ours are Elderly Retirees.