Text Size:   A+ A- A   •   Text Only
Find     
Site Image

Child Labor Law: School-to-Work
Technical Assistance: FAQs
 
Content Quick Links
 
The Employment Rel​​ationship
Volunteers​
In-School Placements
Child Labor Law
Employment Certificates
Work Hours for Minors
Prohibited Work for Minors
Apprentice Exemption to Hazardous Orders
Student Learner Exemption
Working Conditions for Minors
The Employment Relationship 
The Supreme Court has ruled that the Fair Labor Standards Act´s (FLSA) definition of "employ" (to suffer or permit to work) does not necessarily make everyone working at your business an employee. For example, those who work without any express or implied compensation agreement may work for their own advantage on the premises of another. The exemptions for this sort of relationship are narrowly defined and usually apply only to student learners, and in some cases, volunteers or in-school placements. 
Whether trainees or students are employees depends on their activities on the premises of the potential employer. If all of the following criteria apply, the trainees or students are not employees within the meaning of the FLSA: 
There must be a program that includes the following elements:
  • A planned program of job training and work experience for the student, appropriate to the student´s abilities, which includes training related to pre-employment and employment skills to be mastered at progressively higher levels that are coordinated with learning in the school-based learning component and lead to the awarding of a skill certificate.
  • The learning experience encompasses a sequence of activities that build upon one another, increasing in complexity and promoting mastery of basic skills.
  • The learning experience has been structured to expose the student to all aspects of an industry and promotes the development of broad, transferable skills.
  • The learning experience provides for real or simulated tasks or assignments that push students to develop higher-order critical thinking and problem-solving skills.
The student receives ongoing instruction at the employer´s work site and receives close on-site supervision throughout the learning experience, with the result that any productive work that the student performs is offset by the burden to the employer from the training and supervision provided. 
The placement of the student at a work site during the learning experience does not result in the displacement of any regular employee. In other words, the presence of the student at the work site does not result in an employee being laid off, does not result in the employer not hiring an employee it would otherwise hire, and does not result in an employee working fewer hours than he or she would otherwise work. 
The student is not entitled to a job at the completion of the learning experience--but this does not mean that employers are to be discouraged from offering employment to students who successfully complete the training. 
The employer, student, and parent or guardian understand that the student is not entitled to wages or other compensation for the time spent in the learning experience--although the student may be paid a stipend for expenses such as books or tools.
(See elaws – Fair Labor Standards Act Advisor, https://webapps.dol.gov/elaws/whd/flsa/scope/ee15astw.asp)
When these criteria are continuously met, an employment relation does not exist and the minimum wage, overtime and child labor provisions of state and federal laws are not applicable.
NOTE: Labeling a work site experience "internship," "mentorship," or "structured work-based learning," has absolutely no impact on whether or not there is an employment relationship. If the above criteria are met, the student is not an employee and the experience qualifies as training rather than employment. If, on the other hand, the above criteria are not met, the student would most likely be an employee and must be paid--even if the experience is promoted or labeled as "unpaid internship."
There cannot be an employment relationship at any time while a student participates in the program. That is, the student cannot be an eligible participant in the program during school hours, assume an employment relationship after school hours, and resume the participation in the program the next day. Likewise, a student may not be a "trainee" during the school year, become a paid employee during the summer, and revert back to "trainee" status when school begins. 
Q. Are there other situations in which individuals would not be employees, but may be "working" for their own advantage? 
A. Yes. Examples are independent contractors, volunteers and in-school placements. 
Volunteers 
Any individual, including students, may serve as unpaid volunteers for public service, religious or humanitarian reasons. Volunteers must meet four criteria to be excluded from an employment relationship: 
Tip: Schools should offer courses with a volunteer component as an elective. Mandatory courses that have a volunteer service requirement should include a variety of options such as a term paper, senior project, volunteer, etc. 
  
In-School Placements 

As part of an overall educational program, schools may permit or require students to engage in various school-related work programs within their school district. These programs are primarily for the benefit of the students and last for periods of no more than an hour per day, or an equivalent amount of overall time.

  
Examples of in-school placements 

Students may help in school lunchrooms for 30 minutes to an hour per day, do occasional classroom clean-up, perform minor clerical work in the school office or library, or engage in school activities connected with dramatics, student publications, sports, and the like.
 
  
Q. Not all of my school-to-work placements can meet the conditions for "unpaid work experience." What rules should I follow for those students? 
A. When a student is determined to be an employee, all of the employment related laws apply. These include workers´ compensation, wage and hour (including child labor), civil rights, OSHA, and unemployment insurance, as well as any other laws that govern the relationship between the employer and employee. 
  
Employers of a minor must comply with child labor regulations, which are a part of wage and hour laws. For purposes of wage and hour law, a minor is any employee under the age of 18.
  
Child Labor Law 

In Oregon, most employers are covered by federal and state laws governing the employment of minors. Many of the rules are exactly the same, but in instances in which state and federal laws differ on the same subject, the law considered to be the most beneficial to the employee must be followed. The minimum wage is a good example. The federal minimum wage is $7.25 per hour. For a number of years, Oregon’s minimum wage has substantially exceeded this amount. Employers covered by both laws would need to pay the Oregon minimum wage as it is the more beneficial to the employee. 

  
Q. If I am an employer, how do I know if I am covered by federal law, state law, or both? 
A. In Oregon, any employer with one or more employees is covered by state wage and hour law. Most employers are also covered by federal wage and hour laws as 

  • An enterprise engaged in interstate commerce;
  • A specifically named enterprise (public agencies, schools, hospitals, as well as non-profits); or
  • An employer of an individual engaged in interstate commerce.

Other criteria may apply and Oregon employers may contact the U.S. Department of Labor, Wage and Hour Division for specific information by calling (503) 326-3057.​

Employment Certificates 
Unless specifically exempted, Oregon employers of minors must obtain a valid employment certificate from the Wage and Hour Division Child Labor Unit before employing a minor. The application is available online at https://www.oregon.gov/boli/WHD/CLU/Pages/EmploymentCertificateApplication14-17.aspx or by calling 971-673-0836. ​  
Work Hours for Minors 
Oregon child labor regulations place limits on the hours of work a minor may be employed.​

Hours of work for 14 & 15-year-olds when school is in session:
 
Hours of work for 14 & 15-year-olds when school is not in session: 
Hours of work for 16 & 17-year-olds, any time of the year: 
Prohibited Work for Minors 
Federal child labor law lists 17 occupations, in a document called "hazardous orders," that are particularly dangerous for minors. The orders restrict the use of certain power-driven machinery and employment in some high risk jobs in certain occupational areas. These hazardous orders have been adopted under Oregon administrative rule. A list of these orders as well as other activities prohibited under state law is available online here
  
In certain cases, youth apprentices and student-learners are exempt from hazardous occupations when such job duties are part of their training, but not part of their regular job duties. Both state and federal law include exemptions for student-learners and apprentices in Hazardous Order numbers 5, 8, 10, 12, 14, 16 and 17. 

NOTE: Fourteen- and 15-year-old employees may not work in any of the 18 hazardous occupations under any circumstances. Exemptions to the orders (student learner, apprentice), are applicable only to the specific order in which they are named. 
Exemptions to Hazardous Orders for Apprentices 
All of the following conditions must be met in order to apply the exemption to Hazardous Occupation Orders numbers 5, 8, 10, 12, 14, 16 and 17: 
Exemptions to Hazardous Orders for Student Learners 
Hazardous Occupation Orders numbers 5, 8, 10, 12, 14, 16 and 17 contain exemptions for 16- and 17-year-old student-learners if they are enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school. 
Student learners may work in the above hazardous occupations provided they are employed under a written agreement stipulating: 
The written agreement must include the name of the student-learner, and be signed by the employer and the school coordinator or principal. This exemption of the employment of student-learners may be revoked in any individual situation if it is found that reasonable precautions have not been observed for the safety of the minors. 
Working Conditions for Minors 
All employers of minors in Oregon must comply with the following: 
  
Revised May, 2019


DISCLAIMER 
Nothing on this website is intended as legal advice.  Any responses to specific questions are based on the facts as we understand them, and not​ intended to apply to any other situations.  This communication is not an agency order.  If you need legal advice, please consult an attorney.  We attempt to update the information on this website as soon as practicable following changes or developments in the laws and rules affecting Oregon employers, but we make no warranties or representations, express or implied, about whether the information provided is current.  We urge you to check the applicable statutes and administrative rules yourself and to consult with legal counsel prior to taking action that may invoke employee rights or employer responsibilities or omitting to act when required by law to act.
 
TECHNICAL ASSISTANCE FOR EMPLOYERS
800 NE OREGON STREET, STE 1045
PORTLAND, OR  97232
971-673-0824
 
 
 
THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT
 

​​​​​​​​