摘要：Objectives. We investigated child labor violations among US adolescents working in the retail and service industries. Methods. We used interview data from a nationally representative sample of working adolescents, and investigated reports of select child labor violations (e.g., hours, equipment, and work permits). We computed weighted percentages of respondents reporting each type of discrete (and aggregated) violation. Results. Nearly 37% of respondents reported a violation of the hazardous occupations orders (i.e., prohibited jobs or use of equipment), and 40% reported a work permit violation. Fewer than 2% reported working more than the maximum weekly hours allowed during the school year, but 11% reported working past the latest hour allowed on a school night, and 15% reported working off the clock. Conclusions. Significant numbers of US adolescents are employed in violation of the child labor laws and as a result are exposed to safety risks. Although our data did not allow for an analysis of enforcement, our findings demonstrate gaps in employer compliance with the law. We suggest that closer attention to enforcement policy and practice is needed. Working for pay in formal jobs is common among American adolescents. 1 According to the US Bureau of Labor Statistics, the labor force participation rate for 16- and 17-year-olds was 32.5% in 2006, a year in which more than 2.4 million adolescents in that age group were employed. 2 Substantial numbers of adolescents younger than 16 years also have formal jobs. 3 , 4 Working can be beneficial to youths, 5 , 6 but it can also be detrimental, especially when work schedules are excessive or when working conditions are dangerous. Working more than 20 hours per week during the school year is associated with several negative health behaviors and decrements to mental health. 7 In addition, hazardous working conditions cause hundreds of thousands of adolescents to be injured at work every year in the United States; approximately 70 adolescents die as a result of their injuries. 7 , 8 To minimize these risks, the employment of minors is regulated by a system of state and federal child labor laws rooted in the Fair Labor Standards Act (FLSA) of 1938. 9 The FLSA regulates firms engaged in interstate commerce but does not cover certain enterprises, and there are some exceptions to the provisions discussed here. Further details are available on the US Department of Labor’s Web site. 10 The FLSA limits the types of jobs youths aged 14 to 17 years are allowed to perform, the number of hours they may devote to work, and the timing of these hours. The major job restrictions include 17 nonagricultural occupations deemed too dangerous for anyone younger than 18 years to hold and 9 agricultural occupations considered too dangerous for anyone younger than 16 years. 11 , 12 These provisions are called hazardous occupations orders, or more commonly, hazardous orders. The hazardous orders apply in all states unless a state has a more stringent law, in which case the state law takes precedence. The hour restrictions of the FLSA apply only to 14- and 15-year-olds and differ depending on the time of year, with fewer work hours allowed during the school year than in the summer. 11 , 12 Hour restrictions for 16- and 17-year-olds are set by individual states and vary widely. 13 Because child labor laws are age specific, the FLSA requires that employers maintain proof of age for all minor employees to document that these employees are working in compliance with the labor laws. 12 Typically, an employer complies by requiring young workers to obtain state-issued age documentation. Such documentation goes by many names, including age certificate, employment certificate, or working certificate, 13 but all versions are popularly referred to simply as work permits. Although most state legislatures mandate that work permits be obtained before a minor can be employed (the FLSA itself has no such requirement), a few impose no mandate and only issue a permit upon request; others—Idaho, Mississippi, South Carolina, and Texas—do not issue any permits at all. 12 , 13 Complete details of state work permit requirements are available on the US Department of Labor’s Web site. 13 Although the FLSA’s original intent in requiring proof of age was to protect employers, many states’ work permit systems are designed to help prevent young workers from being illegally employed. For example, some states require that a parent sign the permit application, and the child labor laws are either listed on the application or provided in an accompanying pamphlet. Ensuring that employers adhere to the FLSA is the responsibility of the US Department of Labor’s Wage and Hour Division. 3 In recent years, enforcement by this agency has declined, 14 – 18 and consequently, many working adolescents may be illegally employed and exposed to safety risks. Young employees are often injured, sometimes fatally, while working in illegal occupations or while performing prohibited tasks. 19 , 20 In addition, the late-night and early-morning hours when many minors are prohibited from working are higher-risk periods for work-related homicides. 8 , 21 – 23 Understanding the scope and patterns of illegal child labor in the United States is a necessary step toward assessing the effectiveness of current regulations and their enforcement. We examined adolescents’ self-reports of working in violation of state and federal hour provisions, select nonagricultural hazardous orders, and state-level work permit requirements. We compared the retail and service industries, and we stratified reports by gender, age, race, and socioeconomic status (SES). 7 Finally, we explored whether work permit compliance affects the likelihood of engaging in prohibited activities.
