What happened?

On July 30, 2024, Governor JB Pritzker signed the Child Labor Law of 2024 (SB 3646), which modernizes child labor regulations, repealing and replacing the existing statute.

What are the details?

Key Takeaways:

• The Child Labor Law of 2024 aims to safeguard minors’ health, safety, welfare, and access to education, providing the greatest protection for their well-being.

• Obligations: employers must obtain an employment certificate for minors, provide a notice in the form and manner of the Act, and recordkeeping, among other requirements in the form and manner of the Act.

• Working Hours Restrictions: the Act regulates working hours, seasons, and exceptions.

• Prohibited Occupations: in addition to the Federal Labor Standards Act (FLSA), the Act restricts over 30 types. Some exceptions are contemplated.

• Penalties: Civil and criminal penalties for violations range from $500 to $2,500 and potential jail time.

• Social Media Content and Entertainment: Additional requirements for minors in entertainment, including trust account creation and specific work-hour restrictions.

• Enforcement: The Illinois Department of Labor (IDOL) is authorized to investigate and enforce compliance, with the power to inspect worksites and issue subpoenas.

Business Considerations

• Employers should review and update their hiring policies, practices, and notices that apply to child labor, and update them as needed. They should also comply with the 30+ restricted activities enacted in the Act.
• Employers should consider providing training to the personnel in charge of the hiring process to be compliant with the new requirements.
• Employers should maintain detailed records of the minor’s employment, including their name, date of birth, address, and employment certificate, and ensure they are always supervised by an adult aged 21 or older while working.
• Employers should post a notice summarizing the Act’s requirements in a conspicuous place where minors work.

Source References

• IL SB 3646
• Gov. Pritzker Press Release
• New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16 (Littler Mendelson P.C.)
• New Illinois Law Mandates Influencers to Compensate Child Participants (Loeb & Loeb LLP)

Resources

• IL Employer Resources

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