Child Labor Law Summaries
Idaho, Child Labor Law Summaries
Idaho's child labor law is located in the Idaho Code at Title 44, Chapter 13.
COVERAGE
Idaho's child labor law generally covers all employers employing minors.
WHAT THE EMPLOYER MUST DO
Generally, Idaho employers may employ minors in nonhazardous occupations if certain hours restrictions are observed.
Prohibited employment
Minors under 14.- No child under 14 years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages (Sec. 44-1301).
Minors under 16.- An employer having the care, custody or control of any child under the age of 16 years may not exhibit, use or employ in any manner or under any pretense, sell, apprentice, give away, let out or dispose of such child to any person, under any name, title or pretense, for or in any business, exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, acrobat, or contortionist, or rider, or in any place whatsoever, or for any obscene, indecent or immoral purposes, exhibition or practice whatsoever, or for or in any mendicant, or wandering business whatsoever, nor may cause, procure or encourage such child to engage in such activity. This section does not apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning of the science or practice of music (Sec. 44-1306).
Immoral places/alcohol.- An employer may not send, direct or cause to be sent or directed any minor, to any saloon, gambling house, house of prostitution or other immoral place; or employ any minor to serve intoxicating liquor to customers, or employ a minor in handling intoxicating liquor or packages containing such liquors in a brewery, bottling establishment or other place where such liquors are prepared for sale or offered for sale (Sec. 44-1307).
Hours of work
Minors under 14.- It is unlawful for any person, firm or corporation to employ any child under 14 years of age in any business or service whatever during the hours in which the public schools of the district in which the child resides are in session, or before the hour of 6:00 a.m., or after the hour of 9:00 p.m.; provided, that any child over the age of 12 years may be employed at any of the occupations mentioned in Idaho's child labor law during the regular vacations of two weeks or more of the public schools of the district in which the child resides (Sec. 44-1301).
Minors under 16.- No person under the age of 16 years may be employed or suffered or permitted to work at any gainful occupation more than 54 hours in any one week, nor more than nine hours in any one day; nor before the hour of 6:00 a.m. nor after the hour of 9:00 p.m. (Sec. 44-1304).
No minor who is under 16 years of age may be employed or permitted to work at any gainful occupation during the hours that the public schools of the school district in which the minor resides are in session, unless the minor can read at sight and write legibly simple sentences in the English language, and has received instructions in spelling, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions, or has similar attainments in another language (Sec. 44-1302).
ENFORCEMENT
The probation officer, or in counties where there is no probation officer, one or more of the school trustees, will visit the various places of employment mentioned in Secs. 44-1301 and 44-1307 and ascertain whether any minors are employed there contrary to the provisions of Idaho's child labor law. They must bring complaint for offenses under the law to the attention of the prosecuting attorney for prosecution. Additionally, any reputable citizen may bring complaint (Sec. 44-1308).
WHO TO CONTACT
Contact the Department of Labor at 317 Main Street, Boise, ID 83735-0600. Telephone: (208)334-6100. Fax: (208)334-6340.
RECORDKEEPING
Every person, firm, corporation, agent or officer of a firm or corporation employing or permitting minors under 16 years of age and over 14 years of age to work in any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, must keep a record of the names, ages, and place of residence of such minors (Sec. 44-1303).
PENALTIES
Criminal penalties.- Any employer having the care, custody or control of any child under the age of 16 years who exhibits, uses or employs in any manner or under any pretense, sells, apprentices, gives away, lets out or disposes of such child to any person, under any name, title or pretense, for or in any business, exhibition or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, acrobat, or contortionist, or rider, or in any place whatsoever, or for any obscene, indecent or immoral purposes, exhibition or practice whatsoever, or for or in any mendicant, or wandering business whatsoever, or who causes, procures or encourages such child to engage in such activity, is guilty of a misdemeanor, and punishable by a fine of not less than $50 nor more than $250, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. This section does not apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning of the science or practice of music (Sec. 44-1306).
Civil penalties.- Whoever employs a child under 16 years of age, and whoever having under his or her control a child under such age permits the child to be employed in violation of Secs. 44-1301 and 44-1302 will, for such offense, be fined not more than $50, and whoever continues to employ any child in the violation of either of those sections after being notified by a truant officer, probation officer or school authority will, for every day thereafter that such employment continues, be fined not less than $5 nor more than $20 (Sec. 44-1305).
Immoral places/alcohol.- Any employer who sends, directs, or causes to be sent or directed any minor, to any saloon, gambling house, house of prostitution or other immoral place; or who employs any minor to serve intoxicating liquors to customers, or who employs a minor in handling intoxicating liquor or packages containing such liquors in a brewery, bottling establishment or other place where such liquors are prepared for sale or offered for sale, will, for each offense, be punished by a fine of not less than $50 or imprisonment for not less than two months, or by both such fine and imprisonment (Sec. 44-1307).
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