Dive Brief:
- The operator of the Magic Springs Theme and Water Park in Hot Springs, Arkansas, has paid $13,734 to settle charges that it violated the Fair Labor Standards Act’s child labor provisions, according to the U.S. Department of Labor (DOL).
- DOL Wage and Hour Division (WHD) investigators discovered that 14- and 15-year-olds were employed outside of the hours allowed for workers of that age and for more hours than allowed by law. The agency alleged that 21 minors worked after 7 p.m. on school nights, worked more than three hours on a school day, worked more than eight hours on a non-school day, worked after 9 p.m. during the summer and worked for more than 40 hours per week during non-school days.
- "Companies that employ minors must be aware of the rules that apply to workers less than 18 years old," said a WHD district director, Hanz Grünauer, in a statement. "We encourage all employers to contact the Department of Labor's Wage and Hour Division with any questions they may have."
Dive Insight:
DOL maintains detailed rules for the employment of youth.
Its Child Labor Bulletin 101, which governs nonagricultural jobs, sets working hour rules for 14- and 15-year-olds to, according to WHD, ensure their jobs do not interfere with their schooling or health and well-being. DOL also limits the types of work these employees may perform. Rules for workers ages 16 and 17 generally focus on health and well-being, prohibiting them from performing hazardous work.
DOL has a separate fact sheet for amusement parks, addressing industry-specific questions. It makes clear, for example, that 14- and 15-year-olds may not operate or tend power-driven machinery and hoists, which would include many rides. Such employees also are limited in their ability to work as lifeguards and cooks, the fact sheet notes.
In the press release announcing the amusement park settlement, DOL noted that employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through its PAID program. Some experts, however, have cautioned against using the program, and employers should note that it does not appear to cover child labor violations outside of minimum wage and overtime infractions.