We have received recent calls from North Carolina employers who have been contacted by both the federal and state Labor Departments with regard to their youth employment practices. The two agencies enforce different child labor standards but share information and conduct simultaneous investigations. Federal DOL audits focus on hours worked by employees under 18 and hazardous occupations, while NCDOL requires youth employment certificates for workers under 18, in addition to enforcing some hours restrictions beyond federal requirements.

Employers caught in these investigations can face separate information requests, along with separate civil penalties associated with alleged violations. Other than deciding not to employ individuals under 18, North Carolina employers can take steps to minimize possible exposure to federal and state youth employment penalties. First, no person under 18 should begin work before the youth labor certificate is obtained, including part-time, seasonal, or occasional employment. Second, employers should become familiar with and strictly abide by restrictions on working hours, which vary based on the employee’s age and whether school is in session. Finally, employers should make sure that employees under 18 are not assigned or allowed to perform prohibited dangerous work tasks, such as operating meat slicers, serving alcohol, or driving forklifts.

During the Biden administration, the federal Labor Department made child labor investigations a top priority, including levying large fines that often appear disproportionate to the alleged violations. So far, the Trump DOL has not changed these priorities. Using workers under 18 means that employers need to learn and stay up to date on the multiple federal and state rules governing such employees.

For more information, please contact me or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.