Child Labor Law Summaries
Iowa, Child Labor Law Summaries
Iowa's child labor law is located in the Code of Iowa 1995 at Title III, Subtitle 2, Chapter 92.
COVERAGE
Iowa's child labor law generally covers employers employing minors.
EXCEPTIONS
Iowa's child labor law does not prohibit (Sec. 92.17):
any part-time, occasional, or volunteer work for nonprofit organizations generally recognized as educational, charitable, religious, or community service in nature.
a child from working in or around any home before or after school hours or during vacation periods, provided such work is not related to or part of the business, trade, or profession of the employer.
work in the production of seed, limited to removal of off-type plants, corn tassels and hand-pollinating during the months of June, July and August by persons 14 years of age or over, and part-time work in agriculture, not including migratory labor.
a child from working in any occupation or business operated by the child's parents.
a child under 16 from being employed or permitted to work, with or without compensation, as a model, for a period of up to three hours in any day between the hours of 7 a.m. and 10 p.m., not exceeding 12 hours in any month, if the written permission of the parent, guardian or custodian of the child is obtained prior to the commencement of the modeling. However, if the child is of school age, this exception allows modeling work only outside of school hours during the regular school year and does not allow modeling work during the summer term if the child is enrolled in summer school. Modeling for an unlawful purpose or modeling that would violate any other law is not allowed.
a juvenile court from ordering a child at least 12 years old to complete a work assignment of value to the state or to the public or to the victim of a crime committed by the child.
Apprentices.- Sections 92.8 and 92.10 do not apply to pupils working under an instructor in an industrial arts department in the public schools of the state or under an instructor in a school shop, or industrial plant, or in a course of vocational education approved by the board for vocational education, or to apprentices, provided they are employed under all of the following conditions (Sec. 92.9, as amended by H. 398, L. 1997):
The apprentice is employed in a craft recognized as an apprenticeable trade.
The work of the apprentice in the occupations declared particularly hazardous is incidental to the apprentice's training.
The work is intermittent and for short periods of time and is under the direct and close supervision of a journeyperson as a necessary part of apprentice training.
The apprentice is registered by the Bureau of Apprenticeship and Training of the United States Department of Labor as employed in accordance with the standards established by that department.
School hours.- The following persons under 16 years of age may be employed or permitted to work during regular school hours (Sec. 92.4):
those persons legally out of school, if such status is verified by the submission of written proof to the Labor Commissioner.
those persons working in a supervised school-work program.
those persons between the ages of 14 and 16 enrolled in school on a part-time basis and who are required to work as a part of their school training.
14-and 15-year-old migrant laborers during any hours when summer school is in session.
WHAT THE EMPLOYER MUST DO
Persons under 14 years of age generally may not be employed in any occupation (Sec. 92.3).
Persons under 16 years of age generally may not be employed during regular school hours (Sec. 92.4).
Otherwise, Iowa employers generally may employ minors in nonhazardous occupations if a work permit is secured and certain hours restrictions are met.
Prohibited employment
Hazardous occupations-minors under 18.- No person under 18 years of age may be employed or permitted to work with or without compensation at any of the following occupations or business establishments (Sec. 92.8):
occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components.
occupations of motor vehicle driver and helper.
logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill.
occupations involved in the operation of power-driven woodworking machines.
occupations involving exposure to radioactive substances and to ionizing radiations.
occupations involved in the operation of elevators and other power-driven hoisting apparatus.
occupations involved in the operation of power-driven metal forming, punching, and shearing machines.
occupations in connection with mining.
occupations in or about slaughtering and meat packing establishments and rendering plants.
occupations involved in the operation of certain power-driven bakery machines.
occupations involved in the operation of certain power-driven paper products machines.
occupations involved in the manufacture of brick, tile and related products.
occupations involved in the operation of circular saws, band saws and guillotine shears.
occupations involved in wrecking, demolition and shipbreaking operations.
occupations involved in roofing operations.
excavation occupations.
in or about foundries; provided that office, shipping, and assembly area employment is not prohibited.
occupations involving the operation of laundry, dry cleaning, or dyeing machinery.
occupations involving exposure to lead fumes or its compounds, or to dangerous or poisonous dyes or chemicals.
occupations involving the transmission, distribution, or delivery of goods or messages between the hours of 10:00 p.m. and 5:00 a.m.
occupations prohibited by rules adopted by the Labor Commissioner.
Hazardous occupations-Minors 14 and 15 years old. - Except for office, errand or packaging work done away from moving machinery, persons 14 and 15 years of age may not be employed in (Sec. 92.6):
any manufacturing occupation.
any mining occupation.
processing occupations, except in a retail, food service, or gasoline service establishment in those specific occupations expressly permitted under Sec. 92.5.
occupations requiring the performance of any duties in workrooms or work places where goods are manufactured, mined, or otherwise processed, except to the extent expressly permitted in retail, food service, or gasoline service establishments under Sec. 92.5.
public messenger service.
operation or tending of hoisting apparatus or of any power-driven machinery, other than office machines and machines in retail, food service, and gasoline service establishments that are specified in Sec. 92.5 as machines that such minors may operate in such establishments.
occupations prohibited by rules adopted by the Labor Commissioner.
occupations in connection with the following, except office or sales work in connection with these occupations, not performed on transportation media or at the actual construction site: (a) transportation of persons or property by rail, highway, air, on water, pipeline, or other means; (b) warehousing and storage; (c) communications and public utilities; (d) construction, including repair.
any of the following occupations in a retail, food service, or gasoline service establishment: (a) work performed in or about boiler or engine rooms; (b) work in connection with maintenance or repair of the establishment, machines or equipment; (c) outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds or their substitutes; (d) cooking, except at soda fountains, lunch counters, snack bars, or cafeteria serving counters, and baking; (e) occupations that involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers; (f) work in freezers and meat coolers and all work in preparation of meats for sale, except wrapping, sealing, labeling, weighing, pricing and stocking when performed in other areas; (g) loading and unloading goods to and from trucks, railroad cars or conveyors; (h) all occupations in warehouses, except office and clerical work.
Street or public place occupations.- No person under 10 years of age may be employed or permitted to work with or without compensation at any time within Iowa in street occupations of peddling, bootblacking, the distribution or sale of newspapers, magazines, periodicals or circulars, nor in any other occupations in any street or public place. The Labor Commissioner will, however, when ordered by a judge of the juvenile court, issue a work permit as provided in the child labor law to a person under 10 years of age (Sec. 92.1(1)).
A person over 10 and under 16 years of age cannot be employed, with or without compensation, in street occupations, unless the person holds a work permit issued pursuant to the child labor law and the school the person attends has certified that the person is regularly attending school and the potential employment will not interfere with the person's progress in school. A written agreement is not required for the issuance of a work permit under this section (Sec. 92.2).
Migratory labor.- No person under 12 years of age may be employed or permitted to work with or without compensation at any time within Iowa in connection with migratory labor, but the Labor Commissioner may upon sufficient showing by a judge of the juvenile court, issue a work permit as provided in the child labor law to a person under 12 years of age (Sec. 92.1(2)).
A person over 10 and under 16 years of age cannot be employed, with or without compensation, in migratory labor, unless the person holds a work permit issued pursuant to the child labor law and the school the person attends has certified that the person is regularly attending school and the potential employment will not interfere with the person's progress in school. A written agreement is not required for the issuance of a work permit under this section (Sec. 92.2).
Permitted employment-specific occupations
Persons 14 and 15 years of age may be employed or permitted to work in the following occupations (Sec. 92.5):
retail, food service, and gasoline service establishments.
office and clerical work, including operation of office machines.
cashiering, selling, modeling, art work, work in advertising departments, window trimming and comparative shopping.
price marking and tagging by hand or by machine, assembling orders, packing and shelving.
bagging and carrying out customers' orders.
errand and delivery work by foot, bicycle, and public transportation.
clean-up work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds.
kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of such work, including but not limited to, dishwashers, toasters, dumb-waiters, popcorn poppers, milk shake blenders, and coffee grinders.
work in connection with motor vehicles and trucks if confined to the following: dispensing gasoline and oil; courtesy service; and car cleaning, washing and polishing. Work involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring is prohibited.
cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing and stocking goods when performed in areas physically separate from areas where meat is prepared, for sale and outside freezers or meat coolers.
other work approved by rules adopted by the Labor Commissioner.
Street and public place occupations.- Persons under 14 years of age may be employed in street trade occupations under certain circumstances (Sec. 92.3).
Migratory labor.- Persons under 14 years of age may be employed in migratory labor under certain circumstances (Sec. 92.3).
Hours of work
Minors under 16.- A person under 16 years of age may not be employed with or without compensation, except as provided in Secs. 92.2 and 92.3, before the hour of 7:00 a.m. or after 7:00 p.m., except during the period from June 1 through Labor Day, when the hours may be extended to 9:00 p.m. If such person is employed for a period of five hours or more each day, an intermission of not less than 30 minutes must be given. Such a person may not be employed for more than eight hours in one day, exclusive of intermission, and may not be employed for more than 40 hours in one week. The hours of work of persons under 16 years of age employed outside school hours must not exceed four in one day or 28 in one week while school is in session (Sec. 92.7).
Migratory labor.- A minor with a permit to engage in migratory labor may only work between 5:00 a.m. and 7:30 p.m. from Labor Day through June 1, and between 5:00 a.m. and 9:00 p.m. for the remainder of the year (Sec. 92.2).
Any migratory laborer 12 to 14 years of age may not work prior to or during the regular school hours of any day of any private or public school that teaches general education subjects and that is available to such child (Sec. 92.3).
Street occupations.- A minor with a permit to engage in street occupations may only work between 4:00 a.m. and 7:30 p.m. when local public schools are in session and between 4:00 a.m. and 8:30 p.m. for the remainder of the year (Sec. 92.2).
Work permits
Except as provided in Sec. 92.2, a person under 16 years of age may not be employed or permitted to work with or without compensation unless the person, firm, or corporation employing such person receives and keeps on file accessible to any officer charged with the enforcement of Iowa's child labor law, a work permit issued as provided below. This requirement does not apply to a person, firm, or corporation employing a person engaged in street occupations pursuant to Sec. 92.2 (Secs. 92.2 and 92.10).
Who may issue.- A work permit, except for migrant laborers (see provisions below), may be issued only by the superintendent of schools or Department of Workforce Development, or by a person authorized by said superintendent in writing, or, where there is no superintendent of schools, by a person authorized in writing by the local school board where the child resides, upon the application of the parent, guardian, or custodian of the child desiring the permit (Sec. 92.11, as amended by Ch. 1186, L. 1995, effective July 1, 1996).
Documentation required.- The person authorized to issue work permits will not do so unless the person has received, examined, approved, and filed (Sec. 92.11, as amended by H. 618, L. 2009):
a written agreement from the person, firm, or corporation into whose service the child under 16 years of age is about to enter, promising to give such child employment, describing the industry and the work to be performed.
evidence of age showing that the child is 14 years old, or more, which must consist of one of the following proofs required in the order designated: (a) a certified copy of the birth certificate filed according to law with a registrar of vital statistics or other officer charged with the duty of recording births; (b) a passport or a certified copy of a certificate of baptism showing the date and place of birth and the place of baptism of such child; (c) for cases where the proofs designated just above are not obtainable, documentation issued by the federal government that is deemed by the commissioner to be sufficient evidence of age, or an affidavit signed by a licensed physician, certifying that in the physician's opinion the applicant for the work permit is 14 years of age or more.
Contents of work permit.- Every work permit must state the date of issuance, name, sex, the date and place of birth, the residence of the child in whose name it is issued, the color of hair and eyes, the height and weight, the proof of age, the school grade completed, the name and location of the establishment where the child is to be employed, the industry, specified occupation, a brief description of duties for which the permit is issued, that the papers required for its issuance have been duly examined, approved, and filed, and that the person named therein has personally appeared before the officer issuing the permit and has been examined (Sec. 92.14).
Migrant labor permits.- Every person, firm, or corporation employing migrant laborers must obtain and keep on file, prior to the employment of such migratory laborer, a special work permit that is accessible to any officer charged with the enforcement of Iowa's child labor law. Special work permits for migrant workers will be issued by the superintendent of schools, or the superintendent's designee, nearest the temporary living quarters of the family, or by the county Director of Social Welfare or by the Department of Workforce Development, upon application of the parent or head of the migrant family. The person authorized to issue such permits for migratory workers will not issue such permit until the person has received, examined, and approved one of the following as evidence of age: a birth certificate, passport, baptism certificate, or school record. Applicants under 14 years of age must obtain a certificate from a registered nurse or physician stating that the applicant has reached the normal development of a child of the applicant's age and is in sufficiently sound health and physically able to perform the work for which the permit is sought. One copy of the permit issued will be given to the employer to be kept on file for the length of employment, and upon termination of employment, must be returned to the Labor Commissioner (Sec. 92.12, as amended by Ch. 1186, L. 1995, effective July 1, 1996).
Certificates of age
Certificates of age will be issued for persons 16 and 17 years of age and for all other persons 18 and over upon request of the person's prospective employer (Sec. 92.10).
Meal and rest periods
Minors under 16.- If a minor under 16 is employed for a period of five hours or more each day, an intermission of not less than 30 minutes must be given (Sec. 92.7).
Group insurance
Anyone who is under the age of 18, subject to Iowa's child labor law, employed in street trades, who sells or delivers the product or service of another, and who is designated in such capacity as an independent contractor, must be provided participation, if the person desires it, at group rate cost, in group health insurance for expenses incurred as a result of injuries sustained in the course of selling or delivering such product or service by the person, firm or corporation whose product or service is so delivered (Sec. 92.23).
ENFORCEMENT
The Labor Commissioner enforces Iowa's child labor law. An employer who violates the child labor law or the rules adopted pursuant to the law is subject to a civil penalty of not more than $10,000 for each violation (Sec. 92.22, as amended by H. 618, L. 2009).
The commissioner shall notify the employer of a proposed civil penalty by service in the same manner as an original notice or by certified mail. If, within 15 working days from the receipt of the notice, the employer fails to file a notice of contest in accordance with rules adopted by the commissioner pursuant to chapter 17A, the penalty, as proposed, shall be deemed final agency action for purposes of judicial review (Sec. 92.22, as amended by H. 618, L. 2009).
The commissioner shall notify the department of revenue upon final agency action regarding the assessment of a penalty against an employer. Interest shall be calculated from the date of final agency action (Sec. 92.22, as amended by H. 618, L. 2009).
Judicial review of final agency action pursuant to this section may be sought in accordance with the terms of Sec. 17A.19. If no petition for judicial review is filed within 60 days after service of the final agency action of the commissioner, the commissioner's findings of fact and final agency action shall be conclusive in connection with any petition for enforcement which is filed by the commissioner after the expiration of the 60-day period. In any such case, the clerk of court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the final agency action and shall transmit a copy of the decree to the commissioner and the employer named in the petition (Sec. 92.22, as amended by H. 618, L. 2009).
Mayors and police officers, sheriffs, school superintendents, and school truant and attendance officers, within their several jurisdictions, must cooperate in the enforcement of the law and furnish the commissioner and the commissioner's designees with all information coming to their knowledge regarding violations of the law. All such officers and any person authorized in writing by a court of record has the authority to enter, for the purpose of investigation, any of the establishments and places mentioned in the child labor law and to question any person therein as to any violations of the law. County attorneys will investigate all complaints made to them of violations of the child labor law, and prosecute all such cases of violation within their respective counties (Sec. 92.22, as amended by H. 618, L. 2009).
Inspections.- No person, firm, or corporation may refuse to allow any authorized persons to inspect the place of business or provide information necessary to the enforcement of Iowa's child labor law (Sec. 92.19, as amended by H. 618, L. 2009).
WHO TO CONTACT
Contact the Labor Commissioner at the Workforce Development Department, 1000 E. Grand Avenue, Des Moines, IA 50319. Telephone: (515) 281-5365. Fax: (515) 281-4698.
RECORDKEEPING
Work permits.- Except as provided in Sec. 92.2, a person under 16 years of age may not be employed or permitted to work with or without compensation unless the person, firm, or corporation employing such person receives and keeps on file accessible to any officer charged with the enforcement of Iowa's child labor law, a work permit issued as provided in the law, and keeps a complete list of the names and ages of all such persons under 16 years of age employed. These requirements do not apply to a person, firm, or corporation employing a person engaged in street occupations pursuant to Sec. 92.2 (Secs. 92.2 and 92.10).
PENALTIES
For violations where a penalty is not specifically provided, violation of the child labor law is considered a simple misdemeanor. Every day during which a violation continues will constitute a separate and distinct offense, and the employment of any minor in violation of this law will, with respect to each person so employed, constitute a separate and distinct offense. Violations involving street trades or migratory work by a parent, guardian or person in charge of the minor is a simple misdemeanor. Violations involving unlawful street sales, where a person furnishes or sells to the minor any article the person knows or should have known the minor intends to sell in violation of the child labor law is a simple misdemeanor. Effective July 1, 2009, for violations where a penalty is not specifically provided, violation of the child labor law is a serious misdemeanor. Every day a violation continues constitutes a separate and distinct offense, and the employment of a minor in violation of the law, with respect to each person so employed, constitutes a separate and distinct offense. Violations involving street trades or migratory work by a parent, guardian or person in charge of the minor is a serious misdemeanor. Violations involving unlawful street sales, where a person furnishes or or sells to the minor any article the person knows or should have known the minor intends to sell in violation of the child labor law is a serious misdemeanor (Iowa Code, Sec. 92.20, as last amended by H.F. 618, L. 2009, effective July 1, 2009.). For a simple misdemeanor, violators are subject to a fine of at least $65 but not over $625, and/or court-ordered imprisonment not to exceed 30 days. For a serious misdemeanor, violators are subject to a fine of at least $315 but not over $1,875, and, additionally, the court may order imprisonment not to exceed one year (Iowa Code, Sec. 903.1, amended by Ch. 1166 (H.F. 2789), L. 2006). Effective July 1, 2009, an employer who violates provisions of the state child labor law under Chapter 92 or rules adopted pursuant to this chapter will be subject to a civil penalty of not more than $10,000 for each violation. The labor commissioner is charged with enforcement of the law. Employers are to be notified of a proposed civil penalty in the same manner as an original notice or by certified mail (Iowa Code, Sec. 92.22, as last amended by H.F. 618, L. 2009, effective July 1, 2009).
<p>For violations where a penalty is not specifically provided, violation of the child labor law is considered a simple misdemeanor.</p>