FLSA - Child Labor Rules Advisor

Work Study Program

The Work Study Program (WSP) offers exceptions to the child labor regulations that permit 14- and 15-year-olds to be employed in otherwise prohibited circumstances. WSP is designed to provide academically oriented students enrolled in college preparatory programs a carefully planned work experience program that will help them prepare for and obtain college educations.

WSP permits the employment of certain 14- and 15-year-old youth during school hours. These rules are more lenient than those permitted by the Fair Labor Standards Act for other similar aged youth not enrolled in WSP. The employment of youth enrolled in a WSP approved by the U.S. Department of Labor pursuant to the requirements of 29 C.F.R. § 570.37 shall be confined to not more than 18 hours in any one week when school is in session, a portion of which may be during school hours, in accordance with the following formula that is based upon a continuous four-week cycle. In three of the four weeks, each participant is permitted to work during school hours on only one day per week, and for no more than for eight hours on that day. During the remaining week of the four-week cycle, each participant is permitted to work during school hours on no more than two days, and for no more than for eight hours on each of those two days. The employment of these minors is still be subject to the time of day and number of hours standards contained in §§ 570.35(a)(2), (a)(3), (a)(4), and (a)(6).

A public or private school, or network of schools, must submit an application to the Wage and Hour Administrator, U. S. Department of Labor, Room S3502, 200 Constitution Avenue N.W., Washington, D.C. 20210 prior to the operation of the WSP. The criteria used in consideration of applications are contained in the child labor regulations.

Back