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Wage and Hour Division, Labor § 570.122

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Wage and Hour Division, Labor § 570.122 § 553.231 29 CFR Ch. V (7–1–20 Edition) Maximum hours stand- § 553.233 ‘‘Regular rate’’ defined. ards Work period (days) The rules for computing an employ- Fire protec- Law en- tion forcement ee’s ‘‘regular rate’’, for purposes of the Act’s overtime pay requirements, are 13 ............................................... 98 79 set forth in part 778 of this title. These 12 ............................................... 91 73 11 ............................................... 83 67 rules are applicable to employees for 10 ............................................... 76 61 whom the section 7(k) exemption is 9 ................................................. 68 55 claimed when overtime compensation 8 ................................................. 61 49 is provided in cash wages. However, 7 ................................................. 53 43 wherever the word ‘‘workweek’’ is used in part 778, the words ‘‘work period’’ § 553.231 Compensatory time off. should be substituted. (a) Law enforcement and fire protec- tion employees who are subject to the PART 570—CHILD LABOR REGULA- section 7(k) exemption may receive TIONS, ORDERS AND STATEMENTS compensatory time off in lieu of over- OF INTERPRETATION time pay for hours worked in excess of the maximum for their work period as Subpart A—General set forth in § 553.230. The rules for com- pensatory time off are set forth in Sec. §§ 553.20 through 553.28 of this part. 570.1 Definitions. (b) Section 7(k) permits public agen- 570.2 Minimum age standards. cies to balance the hours of work over an entire work period for law enforce- Subpart B—Certificates of Age ment and fire protection employees. 570.5 Certificates of age and their effect. For example, if an employee engaged in 570.6 Contents and disposition of certifi- fire protection activities’ work period cates of age. is 28 consecutive days, and he or she 570.7 Documentary evidence required for works 80 hours in each of the first two issuance of a certificate of age. weeks, but only 52 hours in the third 570.8 Issuance of a Federal certificate of week, and does not work in the fourth age. 570.9 States in which State certificates of week, no overtime compensation (in age are accepted. cash wages or compensatory time) 570.10 Rules for certificates of age in the would be required since the total hours State of Alaska and the Territory of worked do not exceed 212 for the work Guam. period. If the same employee in fire 570.11 Continued acceptability of certifi- protection activities had a work period cates of age. of only 14 days, overtime compensation 570.12 Revoked certificates of age. or compensatory time off would be due PROVISIONS OF OTHER LAWS for 54 hours (160 minus 106 hours) in the first 14 day work period. 570.25 Effect on laws other than the Federal child labor standards. [52 FR 2032, Jan. 16, 1987, as amended at 76 FR 18857, Apr. 5, 2011; 82 FR 2229, Jan. 9, 2017] Subpart C—Employment of Minors Be- tween 14 and 16 Years of Age (Child § 553.232 Overtime pay requirements. Labor Reg. 3) If a public agency pays employees 570.31 Secretary’s determinations con- subject to section 7(k) for overtime cerning the employment of minors 14 and hours worked in cash wages rather 15 years of age. than compensatory time off, such 570.32 Effect of this subpart. wages must be paid at one and one-half 570.33 Occupations that are prohibited to times the employees’ regular rates of minors 14 and 15 years of age. pay. In addition, employees who have 570.34 Occupations that may be performed accrued the maximum 480 hours of by minors 14 and 15 years of age. compensatory time must be paid cash 570.35 Hours of work and conditions of em- ployment permitted for minors 14 and 15 wages of time and one-half their reg- years of age. ular rates of pay for overtime hours in 570.36 Work experience and career explo- excess of the maximum for the work ration program. period set forth in § 553.230. 570.37 Work-study program. 296 VerDate Sep<11>2014 08:39 May 12, 2021 Jkt 250118 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Y:\SGML\250118.XXX 250118 Wage and Hour Division, Labor Pt. 570 570.38 Effect of a certificate of age under 570.68 Occupations in excavation operations this subpart. (Order 17). 570.39 Effect of this subpart on other laws. Subpart E–1—Occupations in Agriculture Subpart D [Reserved] Particularly Hazardous for the Employ- ment of Children Below the Age of 16 Subpart E—Occupations Particularly Haz- ardous for the Employment of Minors 570.70 Purpose and scope. 570.71 Occupations involved in agriculture. Between 16 and 18 Years of Age or 570.72 Exemptions. Detrimental to Their Health or Well- Being Subpart F [Reserved] 570.50 General. Subpart G—General Statements of Inter- 570.51 Occupations in or about plants or es- pretation of the Child Labor Provisions tablishments manufacturing or storing of the Fair Labor Standards Act of explosives or articles containing explo- sive components (Order 1). 1938, as Amended 570.52 Occupations of motor-vehicle driver GENERAL and outside helper (Order 2). 570.101 Introductory statement. 570.53 Coal-mine occupations (Order 3). 570.102 General scope of statutory provi- 570.54 Forest fire fighting and forest fire sions. prevention occupations, timber tract oc- 570.103 Comparison with wage and hour pro- cupations, forestry service occupations, visions. logging occupations, and occupations in the operation of any sawmill, lath mill, COVERAGE OF SECTION 12(a) shingle mill, or cooperage stock mill 570.104 General. (Order 4). 570.105 ‘‘Producer, manufacturer, or deal- 570.55 Occupations involved in the operation er’’. of power-driven woodworking machines 570.106 ‘‘Ship or deliver for shipment in (Order 5). commerce’’. 570.57 Exposure to radioactive substances 570.107 ‘‘Goods’’. and to ionizing radiations (Order 6). 570.108 ‘‘Produced’’. 570.58 Occupations involved in the operation 570.109 ‘‘Establishment situated in the of power-driven hoisting apparatus United States’’. (Order 7). 570.110 ‘‘In or about’’. 570.59 Occupations involved in the operation 570.111 Removal ‘‘within 30 days’’. of power-driven metal forming, punching, COVERAGE OF SECTION 12(c) and shearing machines (Order 8). 570.60 Occupations in connection with min- 570.112 General. ing, other than coal (Order 9). 570.113 Employment ‘‘in commerce or in the 570.61 Occupations in the operation of production of goods for commerce’’. power-driven meat-processing machines JOINT AND SEPARATE APPLICABILITY OF and occupations involving slaughtering, SECTIONS 12(a) AND 12(c) meat and poultry packing, processing, or rendering (Order 10). 570.114 General. 570.62 Occupations involved in the operation 570.115 Joint applicability. of bakery machines (Order 11). 570.116 Separate applicability. 570.63 Occupations involved in the operation OPPRESSIVE CHILD LABOR of balers, compactors, and paper-prod- ucts machine (Order 12). 570.117 General. 570.64 Occupations involved in the manufac- 570.118 Sixteen-year minimum. ture of brick, tile, and kindred products 570.119 Fourteen-year minimum. (Order 13). 570.120 Eighteen-year minimum. 570.65 Occupations involving the operation 570.121 Age certificates. of circular saws, band saws, guillotine EXEMPTIONS shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs 570.122 General. (Order 14). 570.123 Agriculture. 570.66 Occupations involved in wrecking, 570.124 Delivery of newspapers. 570.125 Actors and performers. demolition, and shipbreaking operations 570.126 Parental exemption. (Order 15). 570.127 Homeworkers engaged in the making 570.67 Occupations in roofing operations and of evergreen wreaths. on or about a roof (Order 16). 297 VerDate Sep<11>2014 08:39 May 12, 2021 Jkt 250118 PO 00000 Frm 00307 Fmt 8010 Sfmt 8010 Y:\SGML\250118.XXX 250118 § 570.1 29 CFR Ch. V (7–1–20 Edition) 570.128 Loading of certain scrap paper balers tion with respect to the application of and paper box compactors. laws relating to minors. 570.129 Limited driving of automobiles and trucks by 17-year-olds. [41 FR 26834, June 29, 1976, as amended at 82 570.130 Employment of certain youth inside FR 2229, Jan. 9, 2017] and outside of places of business that use power-driven machinery to process wood § 570.2 Minimum age standards. products. (a) All occupations except in agri- ENFORCEMENT culture. (1) The Act, in section 3(1), sets a general 16-year minimum age which 570.140 General. applies to all employment subject to 570.141 Good faith defense. 570.142 Relation to other laws. its child labor provisions in any occu- pation other than in agriculture, with SOURCE: 16 FR 7008, July 20, 1951, unless the following exceptions: otherwise noted. Redesignated at 28 FR 1634, (i) The Act authorizes the Secretary Feb. 21, 1963, and further redesignated and amended at 36 FR 25156, Dec. 29, 1971. of Labor to provide by regulation or by order that the employment of employ- ees between the ages of 14 and 16 years Subpart A—General in occupations other than manufac- turing and mining shall not be deemed AUTHORITY: Secs. 3, 11, 12, 52 Stat. 1060, as to constitute oppressive child labor, if amended, 1066, as amended, 1067, as amended; and to the extent that the Secretary of 29 U.S.C. 203, 211, 212. Labor determines that such employ- SOURCE: 41 FR 26834, June 29, 1976, unless ment is confined to periods which will otherwise noted. not interfere with their schooling and to conditions which will not interfere § 570.1 Definitions. with their health and well-being (see As used in this part: subpart C of this part); and (a) Act means the Fair Labor Stand- (ii) The Act sets an 18-year minimum ards Act of 1938, as amended (52 Stat.
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