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Fair Labor Standards Act (FLSA). What is a Work-Based Student? Work-Based Learning is career awareness and exploration, work experience, structured training,

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Presentation on theme: "Fair Labor Standards Act (FLSA). What is a Work-Based Student? Work-Based Learning is career awareness and exploration, work experience, structured training,"— Presentation transcript:

1 Fair Labor Standards Act (FLSA)

2 What is a Work-Based Student? Work-Based Learning is career awareness and exploration, work experience, structured training, and/or mentoring at the work site. Work-Based Learning is career awareness and exploration, work experience, structured training, and/or mentoring at the work site. Work-Based Learning provides students with opportunities to study complex subject matter as well as vital workplace skills in a hands-on, "real life" environment. Work-Based Learning provides students with opportunities to study complex subject matter as well as vital workplace skills in a hands-on, "real life" environment. Students have opportunities to apply the knowledge and skills they have acquired in the classroom to tasks performed in the workplace. Students have opportunities to apply the knowledge and skills they have acquired in the classroom to tasks performed in the workplace. As students see the connections between their school work and what is required at the work site, they gain an understanding of the importance of learning and are able to make better decisions about their futures. As students see the connections between their school work and what is required at the work site, they gain an understanding of the importance of learning and are able to make better decisions about their futures.

3 When is a work-based learning student considered to be an employee? When they are PAID When they are PAID Replace other employees Replace other employees

4 When is a work-based learning student NOT considered to be an employee? The student receives ongoing instruction at the employer's work site and receives close on-site supervision throughout the learning experience, with the result that any productive work the student would perform would be offset by the burden to the employer for the training and supervision provided. The student receives ongoing instruction at the employer's work site and receives close on-site supervision throughout the learning experience, with the result that any productive work the student would perform would be offset by the burden to the employer for the training and supervision provided. The placement of the student at the work site during the learning experience does not result in the displacement of any regular employee. The student is not entitled to a job at the conclusion of the learning experience although employers should not be discouraged from offering employment to successful graduates. The placement of the student at the work site during the learning experience does not result in the displacement of any regular employee. The student is not entitled to a job at the conclusion of the learning experience although employers should not be discouraged from offering employment to successful graduates. The employer, student and parent or guardian understand that the student is not entitled to wages or other compensation for the time spent in the learning experience although a student may receive a stipend for expenses such as books or tools. The employer, student and parent or guardian understand that the student is not entitled to wages or other compensation for the time spent in the learning experience although a student may receive a stipend for expenses such as books or tools.

5 Web Site http://www.dol.gov/compliance/laws/comp-flsa.htm http://www.dol.gov/compliance/laws/comp-flsa.htm http://www.dol.gov/compliance/laws/comp-flsa.htm The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 an hour. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 an hour. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek.

6 17 Hazardous Occupations

7 Under the descriptions of the 17 Hazardous Occupations, you will find that there are no age exceptions for eleven of the occupations. However, six of the occupations allow students under the age of 18 if they are on a registered apprenticeship or are involved in a state approved cooperative education program. Under the descriptions of the 17 Hazardous Occupations, you will find that there are no age exceptions for eleven of the occupations. However, six of the occupations allow students under the age of 18 if they are on a registered apprenticeship or are involved in a state approved cooperative education program.

8 Seventeen Hazardous Occupations: Manufacturing and storing explosives Manufacturing and storing explosives Motor-vehicle driving and outside helper - Teen Driving Limits in Resources Motor-vehicle driving and outside helper - Teen Driving Limits in Resources Coal mining Coal mining Logging and saw milling Logging and saw milling Power-driven wood-working machines Power-driven wood-working machines Exposure to radioactive substances and to ionizing radiations Exposure to radioactive substances and to ionizing radiations Power-driven hoisting equipment Power-driven hoisting equipment Power-driven metal-forming, punching, and shearing machines Power-driven metal-forming, punching, and shearing machines Mining, other than coal mining Mining, other than coal mining Meat-packing or processing Meat-packing or processing Power-driven bakery machines Power-driven bakery machines Power-driven paper-products machines Power-driven paper-products machines Manufacturing of brick, tile, and kindred products Manufacturing of brick, tile, and kindred products Power-driven circular saws, band saws, and guillotine shears Power-driven circular saws, band saws, and guillotine shears Wrecking, demolition, and ship-breaking operations Wrecking, demolition, and ship-breaking operations Roofing operations Roofing operations Excavation operations Excavation operations

9 Hazardous Occupations Exceptions Under strict guidelines there can be exceptions to the following hazardous occupations: Under strict guidelines there can be exceptions to the following hazardous occupations: #5 Power-driven wood-working machines #8 Power-driven metal-forming, punching, and shearing machines #10 Meat packing or processing (including power driven meat slicing machines) #12 Power-driven paper-products machines #14 Power-driven circular saws, band saws, and guillotine shears #16 Roofing operations #17 Excavation operations #5 Power-driven wood-working machines #8 Power-driven metal-forming, punching, and shearing machines #10 Meat packing or processing (including power driven meat slicing machines) #12 Power-driven paper-products machines #14 Power-driven circular saws, band saws, and guillotine shears #16 Roofing operations #17 Excavation operations

10 Child Labor Laws

11 CHILD LABOR LAWS The child labor provisions of the Fair Labor Standards Act are designed to protect the educational opportunities of youths and prohibit their employment in jobs and under conditions detrimental to their health and well-being. Federal and state child labor provisions address: 1. minimum ages for general and specific types of employment 2. prohibit work during night hours for14-year and 15-year old students 3. prohibit certain kinds of employment - 17 hazardous occupations 4. maximum daily and weekly hours of work permitted for 14-year and 15- year old students

12 Working Hours for Minors: 14-year and 15-year olds when school is in session: Students may work three hours per school day and eight hours per non-school days, but no more than 18 hours per week Students may work three hours per school day and eight hours per non-school days, but no more than 18 hours per week Students may not work before 7 a.m. or after 7 p.m. Students may not work before 7 a.m. or after 7 p.m. Students may not work during school hours Students may not work during school hours

13 14-year and 15-year olds when school is not in session: Students may work eight hours per day but no more than forty hours per week Students may work eight hours per day but no more than forty hours per week From June 1st through Labor Day,students may work during the time period of 7 a.m. to 9 p.m. From June 1st through Labor Day,students may work during the time period of 7 a.m. to 9 p.m.

14 16-year and 17-year olds: No restrictions on work hours No restrictions on work hours

15 Meals And Breaks Meal periods of a least 30-minutes must be provided no later than five hours and one minute after the minor reports to work. Fourteen and fifteen-year olds must be fully relieved of work duties during this time. Sixteen and seventeen-year old employees may work during a meal period, but must be paid for their time. Meal periods of a least 30-minutes must be provided no later than five hours and one minute after the minor reports to work. Fourteen and fifteen-year olds must be fully relieved of work duties during this time. Sixteen and seventeen-year old employees may work during a meal period, but must be paid for their time. Rest periods of a least 15 minutes must be provided during each four hours (or major portion) of work time. Rest periods of a least 15 minutes must be provided during each four hours (or major portion) of work time.


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