U.S. Department
of
Labor
July 28, 2023
Jade Butay
Director
Wage and Hour Division
Washington, DC 20210
Hawaii Department
of
Labor and Industrial Relations
830 Punchbowl Street, Room 340
Honolulu, Hawaii 96813
Dear Director Butay:
I write to
you
with the goal
of
working together to ensure the safety and welfare
of
young
workers in Hawaii.
As Principal Deputy Administrator
of
the Department
of
Labor's (Department) Wage and Hour
Division (WHD), I am responsible for administering and enforcing some
of
our nation's most
foundational labor laws, including the child labor provisions
of
the Fair Labor Standards Act
(FLSA), 29 U.S.C. 212(c). Child labor laws ensure the safety and well-being
of
young workers
and prevent work experiences from having a negative effect
on
their health or education. The
federal child labor regulations generally prohibit employers subject to the FLSA from employing
children in hazardous occupations and limit the hours that 14- and 15-year-olds can work in
agricultural and nonagricultural employment. The FLSA also restricts the emp
lo
yment
of
children under the age
of
14. The
FLSA's
child labor provisions cover children under the age
of
18
who are employed by businesses
or
organizations that have an annual dollar volume
of
sales
or business done
of
at least $500,000
or
who are individually engaged in commerce or in the
production
of
goods for commerce as part
of
their employment. See, e.g., Fact Sheet #14:
Coverage Under the Fair Labor Standards Act (FLSA) I U.S. Department
of
Labor (dol.gov).
Most states also have laws setting standards for child labor in both agricultural and non-
agricultural occupations, and emp
lo
yers may be subject to both state and federal child labor
provisions. WHD has seen a disturbing increase in efforts to weaken these state child labor laws
across the country. While states may establish higher child labor standards than those set by the
FLSA, the FLSA sets the minimum standards for child labor for covered employers and children.
When both federal and state child labor laws apply, and the state chi
ld
labor l
aw
is less restrictive
than federal law, the federal law must
be
followed. State child labor laws that purport to
authorize employment practices that are prohibited by the FLSA present an obstacle to
accomplishing the objective
of
the
FLSA's
child labor
provision-to
protect the education and
we
ll-be
in
g
of
children and to end oppressive child labor. Moreover, without clear guidance from
the state, these la
ws
could create confusion for employers as to whether they must comply with
the
FLSA's
provisions.
To provide clarity to employers who may inadvertently violate the FLSA by complying only
with a less protective state l
aw
, WHD strongly recommends including the following language
on
the Hawaii Department
of
Labor and Industrial Relations website and in compliance assistance
materials for employers:
Employers are generally subject to both state child labor laws and the federal child labor
provisions
of
the
Fair
Labor Standards
Act
(FLSA), 29 U.S.C. 212(c), and the FLSA
regulations
at
29
CFR
Pa1i 570. Certain provisions
of
Hawaii state
la
w
may
be less
restricti
ve
than federal law, and employers covered by the
FLSA
that only follow a less
restrictive provision
of
Hawaii state
law
will be
in
violation
of
federal law. See 29 U.S.C.
218(a).
For
more information
on
federal child labor law, please visit
the
U.S. Department
of
Labor's
Wage and
Hour
Division Website at www.dol.gov/
whd
.
If
you
ha
ve
questions about
how
Hawaii state law interacts with federal child labor law, WHD
is
available to provide technical assistance. Please direct any questions
to
Chereesse Thymes
at
in
WHD's
Division
of
Fair Labor Standards
Act
and
Child Labor.
WHD
is also
ava
il
ab
le
to provide compliance assistance to Hawaii employers, parents, and
young workers
to
h
elp
each understand their rights
or
obligations under the
FLSA
and the
Department's
regulations.
We
appreciate
the
opportunity to work with
yo
u to ensure children in
Hawaii
who
work
do so in a safe and healthy environment.
Sincerely,
1caLooman
Principal Deputy Administrator
2
