Understanding the Rights of Underage Workers: Federal and Texas Child Labor Laws

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Navigating child labor laws and the general workforce as an underage worker can be a challenging experience. It’s essential to be aware of the legal protections in place at both the federal and state levels. In this blog post, we will explore the rights of underage workers under federal law and specific protections provided by Texas state law. Underage or minor age workers have special protections under federal and Texas state child labor laws

What Uncle Sam Says – Federal Child Labor Laws and Protections for Underage Workers:

The Fair Labor Standards Act (FLSA) is the cornerstone of federal labor law in the United States. It establishes several key protections for underage workers:

  1. Age Matters: The FLSA sets the minimum age for employment at 14 years for non-agricultural jobs. However, there are exceptions for certain types of work like acting, certain types of newspaper delivery, and work for businesses owned by their parents (excluding manufacturing and mining).
  2. Watching the Clock: For those aged 14-15, work hours are limited to outside school hours, no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, and 40 hours in a non-schoole week. Also, work is not permitted during school hours. Though 16 and 17 year olds are almost always still in school while they’re working, federal protections unfortunately (and very confusingly) don’t extend to them in this area – there are no hour restrictions for 16 and 17 year olds.
  3. Stay Safe Out There: There are certain hazardous occupations that are off-limits to anyone under 18. This includes jobs like operating heavy machinery, mining, and certain types of manufacturing.

More information on FLSA protections for underage workers can be found on their YouthRules website: https://www.dol.gov/agencies/whd/youthrules

 

Texas Child Labor Laws and Protections: In addition to federal regulations, Texas law provides additional protections for underage workers:

  1. Texas’ Take on Child Labor: Texas echoes a lot of the federal rules but adds its own flair. For instance, there are extra specifics for 14 and 15-year-olds, especially about how late you can work.
    • When school is in session, they can work up to 3 hours on a school day, including Fridays; 18 hours in a school week; 8 hours on a non-school day; and 40 hours in a non-school week.
    • They are not permitted to work before 7 a.m. or after 7 p.m. on any day, except from June 1 through Labor Day, when evening hours are extended to 9 p.m.
  2. No Permit? No Problem!: Unlike some states, Texas does not require minors to obtain a work permit. However, employers must follow age verification guidelines.
  3. Break Time: Texas law does not require employers to provide breaks or meal periods to employees, including minors. However, Texas law mandates a 30-minute lunch break for employees under 18 who work shifts more than 5 consecutive hours.

More information on Texas’ Child Labor Laws can be found here: https://www.twc.texas.gov/programs/wage-and-hour/texas-child-labor-lawUnderage or minor age workers have special protections under federal and Texas state child labor laws

These regulations are designed to ensure that work does not interfere with the education and well-being of minors. It’s important for employers and young workers in Texas to be aware of these specific rules to ensure compliance and maintain a safe working environment for minors.

Understanding and adhering to these laws is crucial for the protection and well-being of underage workers. Both employers and young employees should be aware of these regulations to ensure a safe and legal work environment. It’s always a good idea to consult with a legal expert or the Department of Labor for specific questions and guidance.

If you have questions about your rights or your child’s rights, or feel yours or your child’s rights are being violated by an employer, please reach out to Carter Law Group to talk with on of our experienced and qualified children’s employment rights advocates. Fill out our questionnaire here: https://clgtrial.com/employment-intake-questionnaire/ and someone will get back to you very quickly.

Remember, knowledge is power, especially when it comes to your rights at work. Stay informed!

 

Yoocaa Baby Loungers Recalled Due to Suffocation Risk

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More than 4,000 baby loungers sold only on Amazon have been recalled because they do not meet federal safety standards.   Yoocaa Direct issued the recall on Nov. 2, 2023, for 4,140 loungers because they create an “unsafe sleeping environment,” according to an announcement with the U.S. Consumer Product Safety Commission.

Skip to main content cpsc logo United States CONSUMER PRODUCT SAFETY COMMISSION Recalls Business Education News Releases Regulatory Robot Calendar Events Multimedia Safety Education Business and Manufacturing Laws, Regulations, and Proceedings Research and Reports About Us Search How may I help you? Search Yoocaa Baby Loungers Recalled Due to Suffocation Risk

The recalled loungers fail to meet the safety requirements of CPSC’s Infant Sleep Products Rule, creating an unsafe sleeping environment for infants and posing a suffocation risk and fall and entrapment hazards to infants. The failures include not having a stand and not meeting the requirements for side height and fabric-sided openings. The product’s sides are shorter than the minimum side height limit; the sleeping pad’s thickness exceeds the maximum limit; and an infant could fall out of an enclosed opening at the foot of the lounger or become entrapped.

Injuries resulting from defective products can result in substantial physical, emotional, and financial stress. If you or someone you know has been injured by a faulty or defective product, the attorneys at our office may be able to help. Contact our product liability attorneys today, Call (214) 390-4173 or submit your case.

Source: Recall List

Sexual Assault in the Workplace: The 7 Risks Teenagers Face

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Teenage workers are at increased risk of sexual assault and sexual harassment in the workplace.

Teenagers entering the workforce are often faced with a unique set of challenges and vulnerabilities, one of which is the increased risk of experiencing sexual assault and harassment.  In fact, the U.S. Equal Employment Opportunity Commission (EEOC) lists young workers as a key risk factor of workplace sexual harassment.  As they navigate the transition from school to employment, it’s crucial to recognize the factors that make teenagers in the workplace particularly vulnerable to these distressing situations. In this blog article, we will explore the reasons behind this vulnerability and discuss the importance of addressing and preventing sexual assault and harassment in the workplace.

Limited Experience and Knowledge: 

One of the key factors that make teenagers in the workplace vulnerable to sexual assault and harassment is their limited life and work experience. Often entering their first job, they may not fully understand their rights or recognize inappropriate behavior. This lack of experience can lead to confusion, making it easier for perpetrators to take advantage of their naivety.

Power Imbalance:

In many workplaces, there’s a distinct power imbalance between teenage employees and their supervisors or older colleagues. This power dynamic can be exploited by those in positions of authority, making teenagers feel powerless to report or resist harassment or assault. Fear of retaliation or job loss further silences young victims.

Peer Pressure:

Teenagers in the workplace may face pressure from their peers to conform to unhealthy workplace norms. They may hesitate to speak out about harassment or assault for fear of being ostracized by coworkers or labeled as troublemakers. Peer pressure can contribute to a culture of silence that allows harassment to persist.

Inadequate Training and Education:

Workplaces often lack comprehensive training and education programs for employees, especially younger workers. This leaves teenagers uninformed about what constitutes harassment or assault and how to report such incidents. Improved training can empower them to identify and address problematic behavior.

Financial Dependence:

Teenagers may rely on their jobs to support themselves or help their families financially. This financial dependence can create a sense of desperation to keep their jobs, even in the face of harassment or assault. Fear of job loss can trap them in abusive situations.

Limited Support Systems:

Teenagers may lack a strong support system at work, as they may not have established relationships with coworkers. Isolation can make them more vulnerable to harassment or assault and less likely to have allies who can help them navigate these difficult situations.

Stigmatization and Victim-Blaming:

Society often stigmatizes victims of sexual assault and harassment, blaming them for what happened. This stigma can be especially harmful to teenagers who may already be dealing with societal pressures, body image issues, and self-esteem challenges. The fear of being judged or blamed may deter them from reporting incidents.

It’s crucial to recognize and address the vulnerability of teenagers in the workplace to sexual assault and harassment. By acknowledging these risks and working to create safer, more supportive work environments, we can protect the rights and well-being of young workers. Employers, educators, and society as a whole must take steps to educate teenagers about their rights, provide support, and foster a culture that prioritizes respect and safety in the workplace. Empowering teenagers to speak out against harassment and assault is essential in creating a more inclusive and secure work environment for all.

For more information on sexual harassment in the workplace, go to Sexual Harassment | Carter Law Group (clgtrial.com)

Dallas sexual harassment and sexual assault lawyers at Carter Law Group are ready to build a strong and effective case for you. Contact us today. Call (214) 390-4173

 

Discrimination Intake Questionnaire

 

Tiffany Food Corp Recalls Mini Fruit Jelly Cups Because of Possible Choking Hazard

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Tiffany Food Corp of Brooklyn, NY is recalling all codes and flavors of Mini Fruit Jelly Cups, because they may pose a choking hazard. Small jelly cups containing konjac powder have previously been implicated in choking deaths of children.

Source: FDA Food Safety Recalls RSS Feed

youth march against school gun violence on National School Walkout day, in protest of continued gun violence in American schools

Civil Liabilities for Gun Violence in Schools: Legal Perspectives and Strategies

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Gun violence in schools remains a deeply concerning issue that demands immediate attention and comprehensive solutions. As instances of school shootings continue to make headlines, it’s crucial to explore the legal aspects surrounding this problem and the strategies that can be employed to ensure the safety and well-being of students, faculty, and staff.

The Legal Landscape

Second Amendment: The Second Amendment to the United States Constitution grants individuals the right to bear arms. However, this right is not absolute and can be subject to reasonable regulations. Courts have upheld the constitutionality of various gun control measures while balancing the need for public safety.

Gun-Free School Zones Act (GFSZA): Enacted in 1990, the GFSZA makes it a federal offense to possess a firearm within 1,000 feet of a school zone. This law helps create safe zones for students and staff, although its effectiveness has been debated.

State-Level Regulations: States have the authority to enact their own gun control laws. These laws can vary widely, including background check requirements, waiting periods, and restrictions on firearm possession for certain individuals, such as those with a history of domestic violence or mental illness.

Memorial for school shooting victims

Challenges in Addressing Gun Violence in Schools

Access to Firearms: One of the primary challenges is the ease of access to firearms, especially for individuals who intend to do harm. Closing loopholes in background checks and implementing stricter regulations for gun purchases could help mitigate this issue.

Mental Health: Identifying and addressing mental health concerns among students is crucial. Schools should have resources for counseling and support, and there should be mechanisms in place for reporting concerns about students’ well-being.

Security Measures: Implementing effective security measures, such as metal detectors, surveillance systems, and personnel training, is essential to deter potential threats and respond promptly to any incidents.

Strategies for Prevention and Legal Action

Comprehensive Gun Control Legislation: Advocating for comprehensive gun control legislation at both federal and state levels can help establish consistent regulations, including mandatory background checks for all firearm sales and transfers.

Red Flag Laws: Red flag laws allow law enforcement or family members to petition a court to temporarily remove firearms from individuals who pose a risk to themselves or others. These laws can prevent potential threats from accessing weapons.

Increased School Safety Funding: Governments should allocate funds to school shooting victims' families outside of Robb Elementary after the Uvalde school shooting improve school infrastructure, security personnel training, and mental health support services.

Community and School Collaboration: Establishing open communication channels between schools, law enforcement, mental health professionals, and communities can lead to quicker identification of potential threats and a more coordinated response.

Civil Liability for Gun Safety

Civil liability for gun violence in schools can be a complex legal issue. In general, individuals or entities, including schools, can be held civilly liable for gun violence in schools under certain circumstances. Liability may vary based on factors such as negligence, foreseeability, and the specific laws in a given jurisdiction. Victims and their families may pursue legal action against those they believe are responsible, such as the shooter, school authorities, or potentially gun sellers in cases involving negligence.

It’s important to consult with a legal expert for advice on specific cases, as laws can vary from place to place, and this area of law is subject to ongoing changes and developments.

Addressing gun violence in schools requires a multifaceted approach that involves legal measures, mental health support, and community collaboration. While respecting individuals’ rights under the Second Amendment, it’s imperative to prioritize the safety and security of students, teachers, and staff. By implementing effective gun control measures, improving mental health resources, and fostering partnerships between stakeholders, we can work toward creating safer educational environments for our children and our communities.

 

For more information on becoming involved in your local gun safety fight, please visit Everytown for Gun Safety at:  https://www.everytown.org/

For more information about civil liabilities for gun violence in schools, please reach out to one of our legal experts:

Amy Carter

Heather Davis

Little Sleepies Recalls Sleepyhead Loveys and Bandana Bibs Due to Choking Hazard

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The care instruction label on the Sleepyhead Lovey and Bandana Bib can detach, posing a choking hazard to young children.

Need a Baby Choking Lawsuit Attorney in Texas?

Carter Law Group is a true advocate for its clients and is passionate about helping Texans that have been injured or wronged. Amy Carter & Carter Law Group’s tremendous courtroom success and well-known dedication to their clients have earned them the recognition of their peers as one of The Top Trial Lawyers in Texas. The Carter Law Group has assembled a team of trial lawyers with more than 20 years of experience, participation in over 100 jury trials, and over $100 Million in verdicts and/or settlements. If your baby had a serious injury from choking on a recalled product, contact our choking hazard lawsuit attorney today for a free case review or call (214) 390-4173.

Source: Recall List

Child Choking Hazard: The FORT Recalls Children’s Play Tents Due to Choking and Laceration Hazards

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The magnets used to connect the various pieces of The FORT can become dislodged from their pouches, posing choking hazard and laceration hazards to young children. Need a Baby Choking Lawsuit Attorney in Texas? Community Involvement | Carter Law Group Carter Law Group is a true advocate for its clients and is passionate about helping Texans that have been injured or wronged. Amy Carter & Carter Law Group’s tremendous courtroom success and well-known dedication to their clients have earned them the recognition of their peers as one of The Top Trial Lawyers in Texas. The Carter Law Group has assembled a team of trial lawyers with more than 20 years of experience, participation in over 100 jury trials, and over $100 Million in verdicts and/or settlements. If your baby had a serious injury from choking on a recalled product, contact our choking hazard lawsuit attorney today for a free case review or call (214) 390-4173.

Source: Recall List

Child Safety: YourHealthToolkit Recalls Children’s Weighted Blankets Due to Asphyxiation Hazard; Sold Exclusively on Amazon.com (Recall Alert)

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A young child can become entrapped by unzipping and entering the blanket, posing a risk of death by asphyxiation.

Source: Recall List

Choking Hazard: Candy Dynamics Recalls 70 Million Slime Licker Sour Rolling Liquid Candies Due to Choking Hazard

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The candy’s rolling ball can detach from the product’s container into a child’s mouth, posing a choking hazard for consumers.

Need a Baby Choking Lawsuit Attorney in Texas?

Carter Law Group is a true advocate for its clients and is passionate about helping Texans that have been injured or wronged. Amy Carter & Carter Law Group’s tremendous courtroom success and well-known dedication to their clients have earned them the recognition of their peers as one of The Top Trial Lawyers in Texas. The Carter Law Group has assembled a team of trial lawyers with more than 20 years of experience, participation in over 100 jury trials, and over $100 Million in verdicts and/or settlements. If your baby had a serious injury from choking on a recalled product, contact our choking hazard lawsuit attorney today for a free case review or call (214) 390-4173.

Source: Recall List