The Perils of Putting Your Kids to Work for You
Child-labor laws apply to family businesses, too
Eleven-year-old Nicholas Capron's mother thinks it's good for him to
put in a few mandatory hours a week in the family's new and used children's
goods business -- not to mention being a help to her. But he didn't start
ringing up sales or wiping down high chairs on her say-so alone. The Kinnewick
(Wash.) boy got the blessing of the state's child-labor regulators first.
Why did his mom, Gretchen H. Capron, bother? Because, in many cases,
it's illegal for a child as young as Nicholas to be employed --
even if the employer happens to be mom. But Washington State law carves out
an exception for employers who seek and receive special permission from
the state Superior Court. And often it is small-business owners who take the
trouble to apply for the court order, so their children can work for them
legally. "When you own a business, you don't want anything to happen to
the business because of some little technicality," says Capron, who owns
the Once Upon a Child shop with her husband. "It's good to keep the books
straight and to be honest, even when you are hiring your own child."
Capron's words are sound advice for small-business owners. Many are
eager to get the kids to lend a helping hand to the family enterprise.
In fact, it's a tradition in some families, such as those from countries
where children are expected to pitch in.
IN A JAM OVER JUNIOR? Unfortunately, many entrepreneurs are unaware of child-labor laws or think the requirements don't matter. But they do.
Regulators in three state labor departments contacted for this article, including
Wisconsin, New York, and Washington, all reported that they had handled
child-labor violation cases in which the offending employer was the employee's
own parent or close relative.
Washington State regulators were called in several years ago when an
eight-year-old boy, whose parents owned a landscaping business, assisted
them on the job. Not only was he underage but he was mowing the lawn --
in violation of strict state rules prohibiting those under 16 from operating power-driven
machinery, says Elaine Fischer, who investigates labor law violations for
Washington's Labor & Industries Dept.
For Richard J. Polsinello, director of labor standards for the New York
State Labor Dept., the most recent case occurred about three
months ago, when regulators received a complaint about a 10-year-old
working behind the counter of an Albany-area pizza shop. It turned out
that the child was the owner's nephew. But blood does not matter when it
comes to the law. In New York State, most occupations -- newspaper delivery
is one exception -- are off-limits to anyone under age 14.
Polsinello says the aim of the department is compliance rather than
penalty paying. Typically, parents -- and uncles and aunts and grandparents
-- are given a swift education in child-labor rules. And those who still circumvent the regulations face the same sanctions as other violators
of child-labor laws in New York State: potentially thousands of dollars
in fines.
How do regulators find out when mom or dad is taking liberties
with child-labor laws? Usually it isn't junior who squeals to the authorities. Instead, it's anyone in the small-business owner's entourage. Robert
S. Anderson, acting director of the Workforce Development Dept. in Wisconsin, says over the years he has checked out complaints from
disgruntled employees, school officials, competitors, and even the business
owner's ex-spouse.
THE PARENT TRAP. Unfortunately, even the best-intentioned parent may have trouble sorting though the laws. There are no simple answers to what the law requires of
parents who want to employ their children. It is true that mom and dad
are exempted from many federal child-labor laws, but there are numerous
exceptions. No one under 18, for example, can operate power-driven bakery
equipment like dough mixers.
To make matters more complicated, each state has its own child-labor
laws and some are more stringent than their federal counterparts. For
many businesses where federal and state jurisdiction overlap, the stricter
law prevails as a rule.
This means that in states such as New York and Washington -- which do
not for the most part bend the rules for parents and also happen to have
some of the toughest child-labor rules in the nation -- children are likely
to be able to work restricted hours and will have to get a work permit
through school.
The best way to navigate the legal thicket is to research the regulations
thoroughly before putting a child to work. Child advocates advise small-business owners to call their state labor departments for
information on the regulations. Often, departments provide pamphlets
written for the layperson, and some post their rules on the Web.
When business owners complain about the red tape, regulators say that they
have to remind them why the laws are there to begin with. "Sometimes, we
hear: 'What do you mean my kid can't work for me?'" says Polsinello.
"We explain the laws are meant to protect the health and well-being of
minors, and that parent employers are guided by the same laws as everybody
else." After all, things may have changed since child labor laws were
first written, some as early as the late 1800s. But it was -- and still is -- considered character building for children to contribute to their keep.
By Pamela Mendels in New York
To: LAW
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