29 U.S.C. §212

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Child labour Labour inspection

Differentiating by age, this provision limits employment of children under the age of 18, and establishes an enforcement mechanism.

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Section 212. (a) Restrictions on shipment of goods; prosecution; conviction

No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided, That any such shipment or delivery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufacturer, or dealer that the goods were produced in compliance with the requirements of this section, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution.

(b) Investigations and inspections

The Secretary of Labor or any of his authorized representatives, shall make all investigations and inspections under section 211(a) of this title with respect to the employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 217 of this title to enjoin any act or practice which is unlawful by reason of the existence of oppressive child labor, and shall administer all other provisions of this chapter relating to oppressive child labor.

(c) Oppressive child labor

No employer shall employ any oppressive child labor in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce.

(d) Proof of age

In order to carry out the objectives of this section, the Secretary may by regulation require employers to obtain from any employee proof of age.

Law / United States / Fair Labor Standards Act 1938

The Fair Labor Standards Act (FLSA) serves as the core wage and working hours protection legislation in the US federal scheme. It limits hours worked to 8 hours per day and 40 hours per week, and requires overtime at a 1.5x rate be paid past these amounts. With regards to overtime pay, while the FLSA’s protections extend to most workers, the FLSA does provide a number of exemptions. The standard salary level required for exemption from overtime pay is USD 913 a week, USD 47,476 annually for a full-year worker. It also incorporates the primary legislation limiting and regulating child labour (which varies by age and profession).

In cases of labor exploitation, FLSA will often act in concert with other laws that target trafficking and human rights abuses specifically.

The FLSA specifically does not apply to some agricultural workers (particularly seasonal workers), some social care workers, and certain professions. The FLSA may apply to migrants who do not fall into the exempt categories.