Owner's Kids working in plant

jeanj · June 2005

I am wondering what the law is for the kids of the owners to work at the plant site. What about nieces and nephews? Is there an age limit? Any info is welcome
Thanks

TN HR · June 2005

It doesn't matter what the relationship of the individual is to the owners/principals/managers of the business. You should apply FLSA, state and OSHA laws and regulations as well as your own internal policy in this case.

Although you made no mention of it in your post, I would caution about possible nepotism issues. Good luck.

Gene

safety · June 2005

What type of plant is it and how old are the 'kids' There are some environments where the DOL has very strict rules on employment of minors and the duties they can perform.

jeanj · June 2005

It is a manufacturing plant and the kids are 13, 14, and 15. The 13 year old is the GMs kid the other 2 are nephews.

Gillian3 · June 2005

Your main issue is child labor. You could make copies of the relevant laws and give them to the owner, but how you handle it depends on your relationship with, and how high a priority that legal compliance is with the owner.

SMace · June 2005

Not only is it unsafe and completely inadvisable to employ children that young in a factory, it is also illegal in Oregon. See below:

Prohibited Employment

Minors under 18 may not work in logging engines used in logging operations or operate any elevator used for carrying persons or property. Minors under 16 may not be employed to give or receive signals in logging operations or be permitted to work as messengers before 5 a.m. or after 10 p.m.

Minors under 16 years of age are prohibited from engaging in numerous occupations and types of work designated as hazardous in. Employers engaged in heavy industrial, manufacturing, construction, fire fighting, natural resources and light industrial operations involving power-driven machines are advised to consult counsel regarding the laws and regulations applicable to them if they desire to employ minors under 16 years of age.

Minors under 14 may not be employed while school is in session. Additionally, minors under 14 may not work in connection with any of the following establishments:

¨ In a factory or workshop.

¨ In any mercantile establishment.

¨ In a store or business office.

¨ In a restaurant or bakery.

¨ In a hotel or apartment house.

Oregon’s child labor law is located at Or. Rev. Stat. Ann. §§ 653.305 – 653.370.

atrimble · June 2005

I think that if two of these kids were in Missouri, and Dad was careful of the duties, they could work in a manufacturing plant.

From [url]www.dolir.missouri.gov/ls/childlabor:[/url]

Missouri child labor laws differ from federal laws with regard to how many hours 14 and 15 year olds may work. Federal child labor law is more stringent regarding the total number of hours youth can work. Contact the USDOL Wage and Hour Section for specific information.

Young people under the age of 14 are allowed to work only in limited areas such as the entertainment industry (an entertainment permit issued by the Division of Labor Standards is required). Young people 14 to 15 years of age are permitted to work in a number of different types of businesses, with the majority working in some form of retail or food services. A work certificate is required during the school year. The employment of young people over the age of 16 does not fall under Missouri law, but some restrictions do exist under federal law.

Prohibited occupations: [url]http://www.moga.state.mo.us/statutes/C200-299/2940000040.htm[/url]

plus: Q. If a young person works for a parent does the law still apply? A. The only allowable exemption from the law is when the business is owned by the parent or legal guardian and the child remains under the direct control of the parent or legal guardian. If the parent is simply a supervisor, the law still applies.

Gillian3 · June 2005

All the laws apply as noted already. Other than that, owners kids have preferance on everything else if that is what the owner wants - unfortunately.

HRLASS · June 2005

Nothing like deliberately putting your child in an unsafe situation. They can be injured (worstcase killed) and the owner can be held accountable for child endangerment, OSHA fines, criminal penalties, etc. ad nauseum. A potentially tragic choice.

Ruskanen · June 2005

Any update on this situation? I'm interested to hear the outcome.

jeanj · June 2005

I talked with the Bureau of Labor today. It is completely illegal to have a child under the age of 14 work in the manufacturing plant. My boss was not happy about it stating he wanted to give his son a work ethic, etc. He got a little upset with me for digging out the results. Oh well

Thanks for the input from everyone. I don't know if he's going to bring his son in or not...

LivindonSouth · June 2005

So, if I understand this correctly, the man wants to 'teach his son a work ethic' by showing the boy how his dad breaks federal law and state law. Interesting concept.

jeanj · June 2005

Final update:
The GM is the son of the owner of the business. Well, the owner came in yesterday and reemed me a new one! How could I turn in her son when he's sooo good to me? I am not to do anything without explicit instructions from him from now on. Then she got into some personal history and I sat there shell shocked! I was so angry, shocked and hurt. I didn't check into the child labor laws to keep her grandkids from working here. So my advice, know who you are dealing with and watch out for family owned concerns
Me

safety · June 2005

Sounds like it's time to polish up the ol resume. Makes one wonder what other unethical practices are going on.

LivindonSouth · June 2005

Why did you not fold your hands and say, "Yes ma'am. I'm sorry. You would rather I had said nothing and allowed the law to be broken, knowing that a DOL investigation would result in the company receiving a heavy fine. Am I to understand that you do not want me to alert you in the future to potential labor law violations?"

A family owned business is a rascally thing. Especially one run by the family matriarc. As our friend said, get that resume polished up. Soon.

Whatever · June 2005

I work for a family owned business (matter of fact I'm part of the family). Unfortunately, there are idiots in this world. My children worked for the company when they were younger (but not before they were 16) in the office.

SMace · June 2005

What amazes me is how many idiots make so much money.

Dutch2 · June 2005

This too is for all practical purposes is a family owned bank as the two surviving brothers control over 50% of the stock. However, I finally got it across to our Chariman and CEO several years back that we cannot afford to make exceptions to the rules for family. We currently have five family members on the payroll, but none started before they were 16 years of age and they are responsible to do their jobs and follow the same rules and regulations as everyone else.
Good luck....

Owner's Kids working in plant

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