The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1596
INTRODUCER: Senator Burgess
SUBJECT: Employment of Minors
DATE: January 29, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Favorable
2. RI
3. RC
I. Summary:
SB 1596 changes the law regulating work hours for minors. The bill specifies that minors 15
years of age or younger may not work for more than 15 hours in any one week when school is in
session.
The bill changes the time restrictions placed on minors 16 and 17 years of age by providing that
16 and 17 year olds are not allowed to:
Work before 5:30 a.m. or work after 12:00 a.m., when school is scheduled the next day.
Work for more than 8 hours in any one day when school is scheduled the following day,
except when the day of work is on holiday or Sunday.
The bill also alters requirements for consecutive working days and breaks for minors 17 years
and younger, lowering the age limit to 15 years and younger
The bill provides exemptions for minors 16 and 17 years of age who are in a home education
program or are enrolled in an approved virtual instruction program in which the minor is
separated from the teacher by time only. The Department of Business and Professional
Regulation (DBPR) is allowed to grant a waiver of the restrictions.
Finally, the bill provides that an employer that violates the restrictions commits a violation of the
law, punishable as a criminal misdemeanor and subject to a fine.
The bill provides an effective date of July 1, 2024.
BILL: SB 1596 Page 2
II. Present Situation:
Overview
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.
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.
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.
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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
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;
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 January 29, 2024).
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 January 29, 2024).
9
29 CFR § 570.2.
10
29 CFR § 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.
BILL: SB 1596 Page 4
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.
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).
13
29 C.F.R. § 570.33.
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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 waterfalls 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 CFR § 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:
15
29 CFR § 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
exposure, to pesticides (see National Ass’n of Farmworkers Organizations v. Marshall, 628 F.2d 604 (DC Cir. 1980)).
Therefore, no waivers have been granted under FLSA section 13(c)(4) for thirty years.” DOL-WHD, “Child Labor
Regulations, Orders and Statements of Interpretation; Child