HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 49 Employment and Curfew of Minors
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Regulatory Reform &
Economic Development Subcommittee, Chaney
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 10 Y, 5 N, As CS Thompson Anstead
Subcommittee
2) Local Administration, Federal Affairs & Special 12 Y, 5 N, As CS Burgess Darden
Districts Subcommittee
3) Commerce Committee 13 Y, 5 N Thompson Hamon
SUMMARY ANALYSIS
Subject to some exceptions, federal and state child labor laws prevent work hours and timeframes from
interfering with the child’s health, safety, and education. At the federal level, the Fair Labor Standards Act
(FLSA) determines the minimum age for work during school hours, performing certain jobs after school, and
places restraints on work considered hazardous. Florida’s Child Labor Law also restricts the employment of
minors, sometimes more than federal law. Florida’s Child Labor Law contains protections specifically directed
to 16 and 17-year-olds, including restrictions on what times during a day they may work, how many hours in a
week they may work, and what jobs or occupations they may perform.
Florida authorizes cities and counties to enact their own curfew ordinances for minors under the age of 16. The
law provides that any minor under the age of 16 cannot be present at a public establishment during the
following hours, not including legal holidays:
Sunday to Thursday from 11:00 p.m. to 5:00 a.m.
Saturday or Sunday from 12:01 a.m. to 6:00 a.m.
9:00 a.m. to 2:00 p.m. if suspended from school.
The statutory curfew does not apply unless the curfew is adopted by a governing body of the county or
municipality. A governing body of a county or municipality is allowed to adopt restrictions that are more or less
stringent than the statutory curfew.
The bill:
Removes restrictions concerning the number of work hours per day and per week for minors 16 and 17
years-of-age, and specifies that minors 16 and 17 years-of-age may work the same number of hours as
a person who is 18 years-of-age or older.
Revises the times of day in which minors 16 and 17 years-of-age may work.
Limits the restriction that currently prohibits 16- and 17-year-olds from working more than 6 consecutive
days in any one week, or working 4 hours continuously without a break of at least 30 minutes for a meal
period to only apply to minors age 15 or younger.
Requires 16- and 17-year-olds to be granted breaks and meal periods in the same manner as
employees who are 18 years of age or older.
Requires juvenile curfews adopted by county or municipal ordinance to include certain exceptions.
The bill may have an indeterminate fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 1/24/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Federal Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
minimum wage, overtime pay, and child labor protections. 1 Congress adopted the FLSA to prevent
substandard labor conditions from being used as an “unfair method of competition.” 2 The FLSA covers
employees and enterprises engaged in interstate commerce. An enterprise is covered if it has annual
sales or business done of at least $500,000.3 Regardless of the dollar volume of business, the FLSA
applies to hospitals; institutions primarily engaged in the care of the sick, aged, mentally ill, or disabled
who reside on the premises; schools for children who are mentally or physically disabled or gifted;
federal, state, and local governments; and preschools, elementary and secondary schools, and
institutions of higher education.4
The FLSA was adopted as a minimum set of standards, which allowed states to provide more
protections for employees. Under the FLSA, if states enact minimum wage, overtime, or child labor
laws that are more protective than what is provided by the FLSA, the state law applies.5 Because states
may enact laws that are more protective than what is provided by the FLSA, minimum wage, overtime,
and child labor standards vary state by state.
Child Labor
The FLSA prohibits the employment of “oppressive child labor” in the United States and the shipment of
goods made in proximity to oppressive child labor.6 The FLSA establishes a general minimum age of
16 years for employment in nonhazardous occupations, and a minimum age of 18 years for
employment in any occupation determined by the Secretary of Labor to be hazardous to the health or
well-being of minors. However, children younger than 16 may work if certain conditions are met, and
rules for agricultural and nonagricultural employment vary significantly. 7
According to the US Department of Labor (DOL), two things are certain:8
Once an employee is 18 years-of-age, there are no Federal child labor rules.
Federal child labor rules do not require work permits. However, many states issue age
certificates if you are asked to provide them by your employer.
Nonagricultural Employment – Minimum Standards
For nonexempt children, the minimum age for employment in nonagricultural occupations is :9
18 years-of-age for occupations determined by the Secretary of Labor to be hazardous to the
health and well-being of children (i.e., “hazardous occupations”);
16 years-of-age for employment in nonhazardous occupations; or
1 29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
2 Brooklyn Savings Bank V. O’Neil. 324 U.S. 697 (1945).
3 29 C.F.R. §§779.258-779.259.
4 29 U.S.C. §203(s)(1).
5 29 U.S.C. § 218.
6 29 U.S.C. §212.
7 Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, (Mar. 8, 2023),
https://crsreports.congress.gov/product/pdf/R/R42713 (last visited Nov. 30, 2023).
8 US Department of Labor, Fair Labor Standards Act (FLSA) Child Labor Rules Advisor,
https://webapps.dol.gov/elaws/whd/flsa/cl/default.htm (last visited Dec. 3, 2023).
9 29 C.F.R. § 570.2.
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14 years-of-age for a limited set of occupations, with restrictions on hours and work conditions,
as determined by the Secretary of Labor.
A child under the age of 14 may not be employed unless his or her employment is explicitly excluded
from the definition of oppressive child labor (e.g., a parent is the child’s sole employer in a
nonhazardous occupation) or exempt from the FLSA child labor provisions (e.g., newspaper delivery).10
The hours and times of day that 14- and 15-year-olds are allowed to work and specific occupations that
are permitted or prohibited for such minors in nonagricultural occupations are set by federal and state
law.
The FLSA allows the employment of minors 14 and 15 years-of-age during the following hours and
times-of-day:11
Outside of school hours;12
Not more than 40 hours in any 1 week when school is not in session;
Not more than 18 hours in any 1 week when school is in session;
Not more than 8 hours in any 1 day when school is not in session;
Not more than 3 hours in any 1 day when school is in session, including Fridays; and
Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day)
when the evening hour will be 9 p.m.
Oppressive Child Labor
The following occupations constitute oppressive child labor within the meaning of the FLSA when
performed by minors who are 14 and 15 years-of-age:13
Manufacturing, mining, or processing occupations.
Occupations that the Secretary of Labor may, pursuant to section 3(l) of the FLSA, find and
declare to be hazardous for the employment of minors between 16 and 18 years of age or
detrimental to their health or well-being.
Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing
hoisting apparatus.
Work performed in or about boiler or engine rooms or in connection with the maintenance or
repair of the establishment, machines, or equipment.
Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing
any power-driven machinery, including but not limited to lawn mowers, golf carts, all-terrain
vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food choppers,
food processors, food cutters, and food mixers. Youth 14 and 15 years of age may, however,
operate office equipment pursuant to § 570.34(a) and vacuum cleaners and floor waxers
pursuant to § 570.34(h).
The operation of motor vehicles.
Outside window washing that involves working from window sills, and all work requiring the use
of ladders, scaffolds, or their substitutes.
All baking and cooking activities except that cooking which is permitted by § 570.34(c).
Work in freezers and meat coolers and all work in the preparation of meats for sale except as
permitted by § 570.34(j). This section, however, does not prohibit the employment of 14- and
15-year-olds whose duties require them to occasionally enter freezers only momentarily to
retrieve items as permitted by § 570.34(i).
Youth peddling, which entails the selling of goods or services to customers at locations other
than the youth-employer's establishment, such as the customers' residences or places of
business, or public places such as street corners and public transportation stations.
10 29 C.F.R. § 570.119.
11 75 C.F.R. § 28448 (2010).
12 29 C.F.R. § 570.35(b) defines “school hours” as the hours that the local public school district where the minor resides while
employed is in session during the regularly scheduled school year.
13 29 C.F.R. § 570.33.
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Loading and unloading of goods or property onto or from motor vehicles, railroad cars, or
conveyors, except the loading and unloading of personal non-power-driven hand tools, personal
protective equipment, and personal items to and from motor vehicles as permitted by §
570.34(k).
Catching and cooping of poultry in preparation for transport or for market.
Public messenger service.
Occupations in connection with transportation of persons or property, warehousing and storage,
communications and public utilities, and construction (including demolition and repair).
Authorized Occupations
The FLSA allows the following occupations to be performed by minors 14 and 15 years-of-age when
performed within the required timeframes:14
Office and clerical work, including the operation of office machines.
Work of an intellectual or artistically creative nature.
Cooking with electric or gas grills which does not involve cooking over an open flame.
Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and
comparative shopping.
Price marking and tagging by hand or machine, assembling orders, packing, and shelving.
Bagging and carrying out customers' orders.
Errand and delivery work by foot, bicycle, and public transportation.
Clean up work, including the use of vacuum cleaners and floor waxers, and the maintenance of
grounds, but not including the use of power-driven mowers, cutters, trimmers, edgers, or similar
equipment.
Kitchen work and other work involved in preparing and serving food and beverages.
Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and
stocking of items.
The loading onto motor vehicles and the unloading from motor vehicles of the light, non-power-
driven, hand tools and personal protective equipment that the minor will use as part of his or her
employment at the work site; and the loading onto motor vehicles and the unloading from motor
vehicles of personal items such as a back pack, a lunch box, or a coat that the minor is
permitted to take to the work site.
The employment of 15-year-olds (but not 14-year-olds) to perform permitted lifeguard duties at
traditional swimming pools and water amusement parks (including such water park facilities as
wave pools, lazy rivers, specialized activity areas that may include water falls and sprinkler
areas, and baby pools; but not including the elevated areas of power-driven water slides) when
such youth have been trained and certified by the American Red Cross, or a similar certifying
organization, in aquatics and water safety.
Employment inside and outside of places of business where machinery is used to process wood
products.
Work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy
service; car cleaning, washing and polishing by hand; and other occupations permitted by this
section, but not including work involving the use of pits, racks, or lifting apparatus, or involving
the inflation of any tire mounted on a rim equipped with a removable retaining ring.
Work in connection with riding inside passenger compartments of motor vehicles.
14 29 C.F.R. § 570.34.
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Agricultural Employment – Minimum Standards
With some exceptions, the minimum age for employment in agricultural occupations is:
16 years-of-age for employment in any agricultural job, including those determined to be
hazardous by the Secretary of Labor, with no restrictions on hours of work; 15
14 years-of-age for employment in nonhazardous agricultural jobs, outside of school hours; 16
12 years-of-age (up to 13 years) for employment in nonhazardous agricultural jobs, outside of
school hours, with the written consent of a parent; written consent is not required if the work
takes place on a farm that also employs the child’s parent; 17
10 years-of-age (and up to 11 years) for employment to hand-harvest select crops for up to
eight weeks in nonhazardous agricultural jobs, outside of school hours, with the written consent
of a parent, providing the employer has obtained a waiver permitting this employment from the
Secretary of Labor;18 or
Any age (up to 12 years), for employment in nonhazardous agricultural jobs, outside of school
hours on certain small farms, with a parent’s written consent. 19
A child of any age who is employed by a parent on a farm owned or operated by the parent may work
without restriction.20 DOL regulations also provide limited exemptions to child labor rules concerning
hazardous agricultural occupations for student learners and graduates of vocational training programs
that meet regulatory criteria.21
FLSA Child Labor Exemptions
The FLSA excludes the following occupations and work arrangements from coverage of its child labor
provisions:
Children with a Parental Employer: Children who work for a parent or a person standing in place
of a parent22 in an occupation other than manufacturing, mining, or hazardous work may be
employed at any age and for any number of hours.23
Child Performers: Children of any age may be employed as actors or performers in motion
pictures or in theatrical, radio, or television productions.24
15 29 C.F.R. § 570.2.
16 29 U.S.C. §213(c)(1)(C). DOL regulations identify the set of jobs and activities that—subject to hours-of-work
restrictions—do not constitute oppressive child labor for children ages 14 and 15 years old; these are at 29 C.F.R.
§570.33.
17 29 U.S.C. §213(c)(1)(B).
18 The conditions under which the Secretary of Labor will grant a waiver permitting the employment of 10 and 11 year
old children to harvest certain crops are in 29 U.S.C. 213(c)(4) and 29 C.F.R. § part 575. However, as DOL notes “the
Department was enjoined from issuing such waivers in 1980 because of issues involving exposure, or potential
exposu