What happened?

On April 29, 2024, Governor Ron DeSantis signed HB 917, which modifies Career and Technical Education and, among other provisions, provides an exemption for minors to work in specified conditions.

What are the details?

Key Bites for Employers:

• Florida’s House Bill 917 has created new job opportunities for teenagers. This is also done in combination with House Bill 49.
  • Florida Eases Hourly Work Restrictions on Minors (VensureHR)

• This allows 16- and 17-year-olds to work in certain areas of home construction under the supervision of an experienced adult with an OSHA-10 certification, and the teenagers are also required to obtain this certification.
  • Teenagers (16 and 17) are prohibited from working in hazardous occupations, including work on scaffolding, roofs, superstructures, or ladders that are six feet or taller.

• The bill sets a uniform standard for counties and municipalities to issue a license to a journey worker.

• It allows school boards to consult with local workforce development boards, advisory committees, and business groups to provide career and industry networking opportunities for secondary students during the school day.

• It allows a student who earns credit for one year of related technical instruction for a registered apprenticeship or pre-apprenticeship program to use such credit to meet high school graduation credit requirements.

• It grants an exemption from the career education basic skills assessment to certain students with a private school diploma or home education affidavit.

• It expands the duties of the Office of Reimagining Education and Career Help (REACH Office), which is now responsible for studying the status of career and technical education (CTE) in each school district within the state and reporting its findings by March 1, 2025.
  • The REACH Office must also coordinate an annual statewide report on the supply and demand of nursing occupations.

• Employers must comply with the Fair Labor Standards Act (FLSA) child labor laws to protect the safety and well-being of young people and avoid potential fines, penalties, and legal repercussions.

• This is seen as a significant step forward in providing more opportunities for young people while ensuring their safety and well-being in the workplace.

Business Considerations

• Employers should comply with the new requirements set forth by the law including allowing 16- and 17-year-olds to work in certain aspects of home construction under the supervision of an individual who is at least 21 years old, has two years of experience, and holds an OSHA-10 certification. The teenagers working in this capacity are also required to obtain an OSHA-10 certification.
• Employers should refrain from employing teenagers in hazardous occupations, including work on any scaffolding, roofs, superstructures, or ladders that are 6 feet or taller. Most jobs in construction are considered “hazardous occupations” and are typically barred to minors with limited exceptions for students of government-approved student learner programs or apprenticeships.
• Employers should consider collaborating with local workforce development boards, advisory committees, and business groups to provide other career and industry networking opportunities for secondary students during the school day. This can be an alternative to the required high school career fair, and it also provides exposure for elementary and secondary students to a representative variety of industries, businesses, and careers.
• Employers should support students who earn credit for 1 year of related technical instruction for a registered apprenticeship or pre-apprenticeship program. Such credit can be used to satisfy specified high school graduation credit requirements.
• Employers should meet the minimums outlined in the Fair Labor Standards Act child labor laws to protect the safety and well-being of young people. This is crucial to avoid potentially hefty fines, penalties, and even legal repercussions. It is encouraged to provide more than the minimum standard.

Source References

• FL HB 917
• Florida House votes to allow more teen labor on construction sites (Orlando Weekly)

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.