[Philmont]: Departme of Labor and 15 year old lifeguads

Dept of Labor outlaws employment of 15 year olds as lifeguards.

3. MEMBER ALERT: The Employment of 15-Year-Old Lifeguards

As you may know, the U.S. Department of Labor has recently issued Fact Sheet
#60 (http://www.dol.gov/esa/regs/compliance/whd/whdfs60.htm) indicating that
the Fair Labor Standards Act (FLSA) prohibits 15-year-olds from working as
lifeguards at pools featuring "elevated slides, artificial waves, or other
amusement-type 'rides' or mechanical devices."

This clarification essentially forbids the employment of 15-year-old
lifeguards at waterparks unless they are working in a "traditional swimming
pool." Fact Sheet #60 also indicates that 15-year-olds may not be employed
as lifeguards at rivers, streams, lakes, ponds, quarries, reservoirs,
wharfs, piers, or oceanside beaches. This is a distinct clarification from
previous administrative rulings and is a newly highlighted enforcement
position.

On August 1, 2005, representatives from the National Recreation and Park
Association, along with the International Association of Amusement Parks,
and the World Waterpark Association met with the current head of the
Department of Labor's Wage & Hour division to discuss this important matter.
The meeting resulted in a commitment by all parties to cooperate in refining
the Fact Sheet where possible. This ongoing dialogue will permit key
industry and organization input, including a site visit for Department of
Labor officials in the near future, aimed at narrowing the scope of Fact
Sheet # 60.

In the meantime, all park and recreation agencies should become familiar
with the details of Fact Sheet #60 and make a good faith effort to comply,
as it is the present law of the land. Fact sheets are typically issued by
an agency to clarify aspects of the law and are sometimes used to guide
enforcement. However, they are not regulations nor do they have the force
of statutory law. Pending further interpretation by the Department of
Labor, it is recommended that members err on the side of caution and comply
with the limitations identified. Agencies can still employ 15-year-old
lifeguards in "traditional swimming pools" as long as they are NOT assigned
to waterslides, wave pools, pools with amusement type mechanical rides, or
in rivers, streams, lakes, or oceanside beaches.

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Received on Thu Aug 4 19:40:39 2005