Legal Considerations

1
Legal Considerations

• Work-Based Learning (Placement)

2
Laws and Youth Employment

• What Law(s) regulate the employment of youth in
  Arkansas?
• Federal law if the business has gross sales over
  500,000
• State law if the business has gross sales under
  are over a certain amount.

Federal
500,000
State
3
Federal Law
4
State Law
5
Can 13 year olds work?

• Cannot be employed by an employer

However, they may deliver newspapers There are
special exemptions for agriculturemore later
6
Work Hours
7
Work Restrictions - 14 15

• Cant work more than 3 hours a day when school is
  in session or more than 8 hours a day when school
  is not in session
• Cant work more than 18 hours a week when school
  is in session, or more than 40 hours when school
  is not in session

8
Work Restrictions - 14 15

• Can work only outside school hours
• Cant work more than five hours straight without
  a 30 minute break (state law only)

9
However,

• If a 14 or 15 year old is enrolled in a school
  based work experience program
• They can work during the school day
• They can work 23 hours a week
• They can work in some occupations otherwise
  prohibited

10
Agricultural Occupations

• One section of the labor laws govern employment
  in agricultural occupations. This is defined as
  those who
• Raise livestock, bees, fur-bearing animals, and
  poultry
• Cultivate the soil, grow or harvest crops
• Grow or harvest crops as employees of a contractor

11
Agricultural Occupations

• 12 13 years may work on farms where their
  parents are also employed
• 14 is the minimum age for employment outside
  school hours in any agricultural occupation not
  declared hazardous
• 16 is the minimum age for employment in any
  agricultural occupation declared hazardous

12
Agricultural Occupations
Hazardous
16
Non-Hazardous After School
14 15
12 13
With Parents
13
Minors under 16 cannot

• Operate a tractor over 20 horsepower
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

14
Minors under 16 cannot

• Operate or assist in the operation of a corn
  picker, cotton picker, grain combine, hay baler,
  feed grinder, power post-hole digger, feed
  grinder, etc.
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

15
Minors under 16 cannot

• Operate or assist in the operation of earthmoving
  equipment, fork lift, potato combine, or power
  saws.
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

16
Minors under 16 cannot

• Work in a yard, pen or stall occupied by a bull,
  boar, stallion or cow and sow with newborn.
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

17
Minors under 16 cannot

• Work with timber over 6 inches in butt diameter.
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

18
Minors under 16 cannot

• Work from a ladder or scaffold over 20 ft high.
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

19
Minors under 16 cannot

• Drive a bus, truck or automobile when
  transporting passengers.
• There are no student exemptions

20
Minors under 16 cannot

• Work inside a silo, manure pit, or fruit storage
  area.
• There are no exemptions

21
Minors under 16 cannot

• Handle or apply agricultural chemicals with the
  words Danger, Poison or Warning on the label.
• There are no exemptions

22
Minors under 16 cannot

• Handle or use blasting agents.
• There are no exemptions

23
Minors under 16 cannot

• Transport, transfer or apply anhydrous ammonia.
• There are no exemptions

24
Exemptions?

• Student-learners in a bona fide agricultural
  education program are exempt from restrictions
  1-6 provided
• Such work is incidental to training,
  intermittent, for short periods of time and under
  supervision
• Safety instruction is given by the school
• A training plan is in place
• Students who work for their parentsare also
  exempt.

25
Hazardous Nonagricultural Occupations

• Occupations that dont qualify as agricultural
  occupations are considered as nonagricultural
• There are a numerous nonagricultural jobs that
  youth under the age of 18 cant do.
• Even though the federal government classifies the
  jobs as nonagricultural, several really are.

26
Minors under 18 cannot

• Be involved in manufacturing and storing
  explosives
• There are no student exemptions

27
Minors under 18 cannot

• Operate a motor vehicle
• There are no student exemptions

28
Minors under 18 cannot

• Work in coal mining
• There are no student exemptions

29
Minors under 18 cannot

• Be engaged in logging and sawmilling
• There are no student exemptions

30
Minors under 18 cannot

• Work with power-driven woodworking machines
• but there is an exemption for students in a
  bonafide training program (agricultural
  education)more later

31
Minors under 18 cannot

• Work where there is exposure to radioactive
  substances
• There are no student exemptions

32
Minors under 18 cannot

• Work with power-driven hoisting apparatus
• There are no student exemptions

33
Minors under 18 cannot

• Work with power-driven metal-forming, punching
  and shearing machines
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

34
Minors under 18 cannot

• Work in any type of mining
• There are no student exemptions

35
Minors under 18 cannot

• Work in slaughtering, or meat-packing, processing
  or rendering
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

36
Minors under 18 cannot

• Work with power-driven bakery machines
• There are no student exemptions

37
Minors under 18 cannot

• Work with power-driven paper-products machines
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

38
Minors under 18 cannot

• Be involved in manufacturing brick, tile, and
  kindred products
• There are no student exemptions

39
Minors under 18 cannot

• Use power-driven circular saws, band saws and
  guillotine shears
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

40
Minors under 18 cannot

• Work in wrecking, demolition and ship breaking
  operations
• There are no student exemptions

41
Minors under 18 cannot

• Work in roofing operations
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

42
Minors under 18 cannot

• Work in excavating operations
• but there is an exemption for students in a bona
  fide training program (agricultural
  education)more later

43
How Do Exemptions Work?

• Apprentices are exempt in certain occupations
• Student-Learners (16 17) are exempt in certain
  occupations provided specific conditions are met
  (see next slide)

44
Student Learner Exemptions

• Student-Learners (16 17) must be enrolled in a
  state approved educational program
• Written Agreement
• Work is incidental to the training
• Such work is intermittent and under the
  supervision of a qualified and experienced person
  
• Safety instruction is given in school andby the
  employer
• There is a signed training plan

45
Other Occupations

• Welding
• Working with quartz or any other form of silicon
  dioxide
• Exposure to lead
• Benzol or benzol compound
• Spray painting
• Handling of unsterilized hides or animal or human
  hair

46
What can 14 15 olds do?

• Office and clerical work
• Selling, cashiering, etc.
• Marking prices, assembling orders, packing and
  shelving
• Bagging and carrying customer orders
• Cleanup work (cant use power mower)
• General kitchen work

47
What can 14 15 olds do?

• Working with cars (except tires lifts)
• Cleaning and packaging vegetables and fruits

48
Training Plans

• It is imperative that any student placed on a job
  have a training plan
• This helps assure a sound educational experience
  and is
• Absolutely essential from a legal standpoint

49
What is a Training Plan?

• A written document specifying
• Skills and tasks the student will learn to
  perform on the job
• Who will teach each skill or task (employer,
  teacher or both)
• Safety instruction was provided by both teacher
  and employer
• Level of mastery and date accomplished
• All parties involved sign the plan

50
What is a Training Agreement?

• A written statement documenting the
• hours
• pay
• student responsibilities
• teacher responsibilities
• employer responsibilities
• regarding the placement of a student.

51
The End

• Employment certificate is required
• Training agreement is critical
• Training plan with safety instructions in
  critical
• Extreme care must be utilized in selecting
  training stations so that no federal or state
  laws are violated