Work-Based Learning & Child Labor Laws

1. Work-Based Learning & Child Labor Laws DPI CTE Fall Workshop 9/27/2011

2. Topics to be covered • Child Labor Law DRAFT Guidance • WBL Options • Scenarios, Pitfalls & Misconceptions • Construction • Manufacturing • Agriculture • YA Updates

3. Child Labor Law Guidance DRAFT Sections • Introduction & Background (16-17 yos) • Definitions • Work Permits • Student Learner Criteria • Liability & Insurance • Hours & Wages • Employment & Equipment Restrictions

4. WBL Options & Definitions • Volunteer/Service Learning • Job Shadowing • Student “work-like” activities • Intern/Trainee • Work-Based Learning • Co-op, Skills Co-op, YA • School-Based • Entrepreneurship • SAEs

5. Child Labor Law Basics • Federal vs. State • Hours & Wages • Student Learner

6. Federal v. State Law • As of July 01, 2011 Federal and State law mirror each other as to the number of hours per week minors may work: • 16 and 17 year olds have no daily, weekly or time of day restrictions. However, 16 and 17 years may not work during hours they are required to be in school. • Time and ½ must be paid for all hours worked in excess of 10 hours per day or 40 hours per week, whichever is greater. • Minors under 16 years of age are limited to working no more than 3 hours per day on school days and no ore than 8 hours per day on non-school days. • From the day after Labor Day through May 31, they may work no longer than 18 hours in a week (Sunday through Saturday) and their work must be between the hours of 7:00 a.m. and 7:00 p.m. • From June 1 through Labor Day, they may work no longer than 40 hours in a week (Sunday through Saturday) and their work must be between the hours of 7:00 a.m. and 9:00 p.m.

7. Minimum Wage • As of July 24, 2009 $7.25/hr • During the first 90 consecutive days of employment you may pay opportunity rate of $5.90/hr. After that the hourly rate must increase o $7.25/hr. • Sub-minimum wage may be paid to individuals in certain situations, and under a special license. • Individuals that have physical or developmental disabilities that impair there ability to perform the job when compared to an individual without a disability. • Student Learners, when filed by the school on behalf of the employer: • Necessary to provide employment opportunity, and • Student must be between 14 and 18, and • The occupation must require a sufficient degree of skill to necessitate training period and must not be required for the purpose to acquiring manual dexterity or high production speed, and • employment of the trainee must not displace other workers, or must not impair or depress the wage rates for experienced workers’ and • The rate of pay must be at least 75% of the minimum wage rate in effect. • Must Also be licensed by the Federal Department of Labor to pay less than minimum wage.

8. Student Learner • Must be attending an accredited school (DPI), • Employed on a part-time basis to obtain scholastic credit and employment training, • Must have a written school-work training agreement between student, employer and school.

9. Student Learner Agreement Must Include • Any work prohibited under DWD 270.12-13 is incidental to student learner’s training, and shall be intermittent and for short periods of time. • The student learner shall be under the direct and close supervision of a qualified and experienced person. • That safety instructions will be given by the school and correlated by the employer with on-time job training. • A schedule of organized and progressive work processes to be completed on the job.

10. Work Permits • Work permits are required for all student learners • Not required for minors working under a Youth Apprenticeship agreement (however, a permit is still a good idea)

11. Hours of Work • Hours worked during the regular school day, as part of student learner agreement, do not count toward the daily or weekly maximums.

12. Types of Work That Are Prohibited Under Student Learner Agreements • Bakery Machines • Manufacturing of brick, tile and similar products • Coal mining • Explosives • Hoists and hoisting apparatuses • Logging, saw mill, lath mill, shingle mill, or cooperative stock mill • Motor vehicle driver or outside helper • Radioactive and ionizing radiations substances • Strikes of lockouts • Wrecking, demolition and ship breaking • Manufacturing , mining or processing applications

13. Hoists and Hoisting Apparatuses • 16/17 year old may operate floor jacks , service jacks, hand jacks drive on lifts, arm lifts, (and some automation and signal elevators see DWD 270.4(12)) used in conjunction with repairing or servicing motor vehicles.

14. 17 Year Olds May Operate an Automobile If: • The driving is only occasional and incidental to the minor’s employment, • The driving is restricted to daylight hours, • The driving takes place within a 30-mile radius of the minor’s place of employment, • The motor vehicle does not exceed 6,000 pounds gross vehicle weight, • The minor has completed driver’s education and has a valid license, and (cont)

15. 17 Year Olds May Operate an Automobile If (Cont.): • The minor has no records of any moving violations at the time of hire, • The vehicle has seatbelts for all occupants, and the employer has instructed the minor that the belts must be used when driving and riding, • The driving does not involve towing of vehicles; route delivery or sales; transportation for hire of property, goods, or passengers; urgent time sensitive delivers, transporting more than 3 passengers who are employees of the employer.

16. Construction • Prohibitions against: • Operation of cranes, elevators, hoists, high lift trucks, man lifts or freight elevators; • Metal –forming, punching and shearing power driven machinery; • Operating or helping with power saws and guillotine shears (except machines with full automatic feed and ejection): • Band saws, chainsaws, circular saws, guillotine shears, etc… • Woodworking : • Cannot operate power driven machines (including supervising or controlling the operation of), feeding or helping to feed materials • Power-driven woodworking tools = all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing , nailing , stapling, wire stitching, fastening, or otherwise assembling, pressing or printing or wood veneer. • Roofing- all work performed on or about a roof. • School shop classes v. employment • Child labor laws only regulate employment, not classroom instruction.

17. Manufacturing • Generally we are looking at the machine involved to determine if the work is prohibited: • Look at metal forming and woodworking machinery prohibitions. • The machine must be equipped with automatic feed and ejection, and with fixed barrier guard to prevent hands and fingers from entering the dangerous part of the machine operations. • If in doubt you can contact the Equal Rights Division for specific machines prohibitions.

18. Agriculture • No Work Permit is necessary. • Minors 12 years of age and older can be employed in farming, except: • Cannot operate, or assist in the operation of, farm machinery under the age of 16 (exception exists for those certified for operation of specific machinery under 4H or U.S Vocational AG training programs) • Cannot be employed in any farming occupation prohibited by the US Secretary of Labor finds hazardous. • Why is Agricultural employment treated differently? Agriculture

19. Things to Remember • The Student Learners exception to the Child Labor Regulation is based on the fact that the minor is receiving educational instruction at the work place during the regular school day.

20. Things to remember (cont.) • The employer and the school have the burden to ensure that the minor is receiving ongoing education, and that the work performed is within the restrictions of the child labor regulations. • If the minor has become proficient at the job, new educational opportunities must be provided. • If the minor is no longer receiving educational experience, they may not qualify under the student learner exceptions to the child labor regulations

21. YA Updates Recent Child Labor Law Impacts: • Healthcare Lifts • Bioscience Labs • Ag/Greenhouse & Landscaping YA revisions THIS year • Welding & Manufacturing • Health • Printing

22. Steve Laesch, DWD Labor Standards Bureau, 608-267-2495 Robin Kroyer-Kubicek, CESA 6, 920-252-0359 Thank you!