On February 27, we posted a blog on proposed legislation to modify the law regulating child labor in Florida. The bill that the Florida Legislature passed is somewhat different from the bill we blogged about on February 27. We updated our chart detailing the differences between current Florida law and the changes HB 49 makes to child labor restrictions. The bill is awaiting the Governor’s signature.

Age Current Law HB 49
14 -15 – when school is in session Up to 15 hours per week No change
14-15 – when school is in session Not before 7 a.m. or after 7 p.m. and for no more than 3 hours per day when a school day follows No change
14-15 – when school is in session May work up to 8 hour per day on Friday, Saturday, Sunday and on non-school days  – until 7 p.m. – when no school day follows No change
14-15 – when school is not in session – breaks, summer – Up to 8 hours per day and up to 40 hours per week; may not work before 7 a.m. or after 9 p.m. No change
16-17 – when school is in session May not work during school hours May not work during school hours unless enrolled in a career education program.
16-17 – when school is in session May work up to 30 hours per week.  Not before 6:30 a.m. or after 11 p.m. and for no more than 8 hours a day when school is scheduled the following day. May not work before 6:30 a.m. or after 11 p.m. when school is scheduled the following day. May not work more than 8 hours a day when school is scheduled the next day, except when the day of work is a Sunday or holiday. No more than 30 hours per week, unless have permission on required form.
16-17 – when school is in session No hour restrictions when school does not follow the next day No change.
16-17 – when school is not in session No restrictions No change
     
  Minors ages 14 to 17 cannot work more than 6 consecutive days in any one week Minors 15 and younger cannot work more than 6 consecutive days in any one week
  Minors 14 to 17, may not work more than 4 consecutive hours without a 30 minute uninterrupted meal break Minors 15 and younger may not work more than 4 consecutive hours without a 30 minute uninterrupted meal break.  Minors 16 and 17 who work 8 or more hours in a day, may not work more than 4 consecutive hours without a 30 minute uninterrupted meal break.

The restrictions do not apply to:

  1. Minors who have graduated high school or received a GED;
  2. Minors who are within the compulsory school attendance age limit and who hold an exemption certificate from the school superintendent;
  3. Minors enrolled in an educational institution who qualify on a hardship basis, as approved by the school superintendent;
  4. Minors 16 and 17 years old who are in a home education program or enrolled in an approved virtual instruction program in which the minor is separated from the teacher by time only; or
  5. Minors in domestic service in private homes, minors employed by their parents, or pages in the Florida Legislature.

An employer who requires, schedules, or otherwise employs a minor in violation the child labor law commits a second-degree misdemeanor. The employer is also subject to a fine of $2,500 per offense.