When President Bush signed the Genetic Information Nondiscrimination Act last month, the civil penalties were increased for child labor violations under the Fair Labor Standards Act. Effective on the May 21, penalties up to $50,000 may now be assessed for each violation causing the death or serious injury of an employee under the age of 18. The penalty can be doubled for repeated or willful violations.

The provision also allows consideration of the appropriateness of the penalty to the size of the business of the person charged and the gravity of the violation.

The Occupational Safety and Health Administration has kicked off its 2008 Teen Summer Job Safety Campaign, focusing on industries such as construction, restaurants, landscaping, and others hiring summer help. The OSHA campaign reminds employers of their responsibility to provide a safe and healthful environment for all employees, including teen workers, by offering employee safety training and protective clothing and equipment when necessary. OSHA offers a webpage covering safety tips and regulations for common jobs held by teens such as lifeguarding, food service, farm work.

Child labor law requires employers to obtain a certificate of employment if the employee is age 14-15, or have on file a certificate of age if the employee is age 16-17. No minor under the age of 18 can be employed in any occupation the Director of Labor has declared to be hazardous or detrimental, including adult entertainment. The Dept. of Labor and Industrial Relations has an easy-to-follow fact sheet on obtaining child labor certificates.

To reflect changes in the workplace and technology, the U.S. Dept. of Labor proposes revisions in its child labor regulations expanding employment opportunities for 14 to 15-year-old workers beyond retail, food service, or gasoline service establishments –which would mean that banks, insurance companies, advertising agencies, information technology firms could now legally employ them. DOL is also proposing to ban the employment of children under age 15 in “youth peddling” in which minors conduct door to door sales for for-profit companies. The Department seeks comments on a proposal to prohibit the employment of 16 and 17-year-olds in all construction work occupations, including student learners and apprentices. Comment is also being sought regarding youth employment where workers may be exposed to ionizing radiation—such as medical offices or veterinary clinics. See the proposed rules and request for comments.