Child Labor Laws for Contractors
New child labor laws were passed in Florida on July 1, and they affect contractors in the state. The new laws affect child labor protections on residential construction sites, so home builders that employ minors need to be informed of what they can and cannot do.
Florida’s House Bill 917 loosens restrictions on child labor by allowing minors who are 16 and 17 years old to work certain jobs on residential construction sites, despite federal laws. Florida’s state law previously considered construction jobs to be too hazardous, making them prohibited for workers under the age of 18. Despite there being many critics of this legislation, the bill passed the Florida Senate unanimously in a 32-0 vote in March.
Previous rules for Florida construction sites strictly prohibited minors of any age from working on residential or commercial construction sites with exceptions for minors over the age of 14 working clerical or sales jobs, or for minors over the age of 16 working on the job site as part of a student learner or apprenticeship program.
The new law expands the kinds of work that minors over the age of 16 are allowed to do on residential construction sites, as long as they have obtained OSHA 10 certification. They must also be working under the supervision of an adult over the age of 21 who has at least two years’ of experience on the job.
Because the state and federal laws differ, there may be some confusion for home builders. They should know that the federal regulations supersede state law. So if state regulations on child labor are less restrictive than federal regulations, the federal laws are the ones that need to be followed.
This means employers who violate federal child labor regulations could still be fined, regardless of state law. This is an issue that Florida contractors will face, just like Iowa business owners currently do. Restaurant owners in Iowa are facing fines following the enactment of a similar law loosening child labor restrictions in 2023. If contractors aren’t careful, Florida could face the same issue.
Employers are still prohibited from allowing minors of any age from performing work on any scaffolding, roof, superstructure, or ladder above 6 feet. However, the new law does not explicitly prohibit minors from working on any roofing-related operations. Under the federal Fair Labor Standards Act, minors of all ages are prohibited from performing any roofing operations or “work on or about a roof.”
“Work on or about a roof” includes activities such as carpentry and metal work; maintenance and repair; painting and coating of existing roofs; the construction of the sheathing or base of roofs; gutter and downspout work; the installation and servicing of cable and satellite dishes; and the installation and servicing of heating, ventilation, and air conditioning equipment.
Contact Us Today
It can be hard to find good workers in the construction field, but contractors need to be mindful of the laws involved.
The Florida construction lawyers from Linkhorst Law Firm can help you deal with construction law issues. Let us address your concerns. Schedule a consultation today by calling 561-626-8880 or filling out the online form.
Source:
orlandoweekly.com/news/florida-has-a-new-law-loosening-child-labor-restrictions-on-construction-sites-what-should-employers-know-37207631