Senate Bill 30
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SPONSOR
Senator Tim Schaffer, District 20 TARGETS K-12 Students DESCRIPTION Allows children under the age of 16 to work later than 7pm on weeknights during the school year. |
COMMITTEE
Senate Workforce and Higher Education Committee INTRODUCED January 26, 2023 WATCH HEARINGS Sponsor - Feb 8, 2023 BILL General Info | As-Written | Analysis Sponsor Testimony |
SB 30 Details
Senate Bill 30 makes changes to existing child labor laws.
SB 30 would:
Penalties
Under continuing law, the penalty for a violation related to the hours of work for 14- or 15- year olds is a minor misdemeanor on a first offense and a third degree misdemeanor on each subsequent offense.
Other legal restrictions on child labor include:
Interaction with Federal Law
The federal Fair Labor Standards Act4 (FLSA) generally prohibits a 14- or 15-year-old from working past 7pm except during summer. However, a 14- or 15-year-old may work until 9pm between June 1 and Labor Day.
If an employer is subject to both the FLSA and a state law, whichever law is more protective of the minor prevails. Thus, if an employer is subject to both the FLSA and Ohio’s Minor Labor Law as amended by the bill, it appears that the more protective FLSA would prevail regarding a 14- or 15-year-old working past 7pm during the school year.
Continuing Law Applicable to Other Minors
Continuing law generally prohibits any person under 14 years of age from being employed. The work hours for a 16- or 17-year-old who must attend school is limited to between 7am and, on a night that precedes a school day, 11pm. However, the 16- or 17- year-old may begin work after 6am if the minor did not work after 8pm the previous night.
See Ohio's child labor laws HERE.
See federal child labor laws HERE.
SB 30 would:
- Allow 14 and 15-year-olds to work between 7pm-9pm at any time during the year, as long as the child has permission from their parent or legal guardian.
- Federal law prohibits 14 and 15-year-olds from being employed after 7pm outside of summer break (June 1 to September 1) or during long school holidays of 5+ days
- Not change the limitation on hours of work for minors under age 16 who engage in door-to-door sales activity. Under continuing law, a minor under 16 cannot work in any door-to-door sales activity before 7am or after 7pm
Penalties
Under continuing law, the penalty for a violation related to the hours of work for 14- or 15- year olds is a minor misdemeanor on a first offense and a third degree misdemeanor on each subsequent offense.
Other legal restrictions on child labor include:
- Manufacturing, mining, logging, meat processing, and construction.
- Children are prohibited from engaging in door-to-door sales jobs, unless they are working in pairs, supervised by a legal adult, and following all other legal requirements including scheduling requirements.
Interaction with Federal Law
The federal Fair Labor Standards Act4 (FLSA) generally prohibits a 14- or 15-year-old from working past 7pm except during summer. However, a 14- or 15-year-old may work until 9pm between June 1 and Labor Day.
If an employer is subject to both the FLSA and a state law, whichever law is more protective of the minor prevails. Thus, if an employer is subject to both the FLSA and Ohio’s Minor Labor Law as amended by the bill, it appears that the more protective FLSA would prevail regarding a 14- or 15-year-old working past 7pm during the school year.
Continuing Law Applicable to Other Minors
Continuing law generally prohibits any person under 14 years of age from being employed. The work hours for a 16- or 17-year-old who must attend school is limited to between 7am and, on a night that precedes a school day, 11pm. However, the 16- or 17- year-old may begin work after 6am if the minor did not work after 8pm the previous night.
See Ohio's child labor laws HERE.
See federal child labor laws HERE.