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Youth Employment Waiver

Iowa's Youth Employment law: Waiver application

Effective July 1, 2023, Iowa's updated Youth Employment Law (Senate File 542) makes several changes, including the ability for Iowa employers to apply for a waiver for 16- and 17-year-olds to participate in approved work-based learning or work-related programs involving certain hazardous work activities under certain conditions. 

The waiver process is done in conjunction with Iowa Workforce Development (IWD), the Iowa Department of Education (IDOE), and the Iowa Department of Inspections, Appeals and Licensing (DIAL). Below is more information on the process, the list of hazardous and always prohibited activities, and how the waiver may or may not apply in different cases. 

Every effort will be made to review program applications in a timely manner. Typically, applicants can expect to receive a decision regarding their waiver request within fourteen (14) days of submission. For any questions about your application or to discuss your program with the state, please contact youthemploymentwaiver@iwd.iowa.gov. Thank you for your interest in the waiver application process. 

WHAT’s changed?

Senate File 542 introduces a process where employers can apply for an exemption (waiver) for approved work-based learning or employer-administered work-related programs involving certain hazardous activities with 16- and 17-year-olds under specific agreed-upon conditions (see Iowa Code § 92.8A). Employers with or without school partners may apply for the waiver. 

There are circumstances when the waiver requirement does not apply when certain hazardous activities are involved. This occurs only when employers are partnering with schools that have approved work-based learning programs. These specific programs have conditions that are more stringent than the waiver requirements. 

Determining whether a waiver is needed will depend on each employer’s fact-specific circumstances, so it will be important to thoroughly read the updated state law and consult with legal counsel. 

In addition, please note that a waiver will not be required under the following circumstances: 

  • Employers participating in Registered Apprenticeship (RA) Programs with high school students. A waiver is not needed as RA Programs already include a separate vetting process.

  • A waiver is also not needed for other types of school-related work-based learning programs that do not involve hazardous activities. 

Requirements

  • Employers must first review the list of prohibited hazardous work activities to determine whether they can proceed with the waiver application (see below).   

  • Employers may apply for the waiver in collaboration with school partners or through their own employer-administered programs without school partners (certain restrictions apply). If the employer is not currently working with a school district or accredited non-public high school, they will need to submit a request for program approval as well as seek a waiver on hazardous work activities.

  • Any permitted hazardous work activities for 16- and 17-year-olds, regardless of whether a waiver is required, require the employer to submit parental permission forms to the State prior to the minor engaging in the permitted hazardous work activity (permission forms can be found below)

(See definitions on work-based learning programs in Senate File 542, p.11: https://www.legis.iowa.gov/docs/publications/LGE/90/SF542.pdf)

Prohibited activities

Effective July 1, 2023, Senate File 542 lists work activities for 16- and 17-year-olds that are prohibited under Iowa law, with some exceptions under certain circumstances.

Please note:

  • Certain work activities are always prohibited for minors and are not able to be exempted under Iowa Code § 92.8A.
  • Certain work activities are also prohibited under federal law. Employers should first consult with an attorney to determine how the law applies to their program and how to accurately describe their work activity. 

Waiver process

Iowa employers who have reviewed the relevant information around youth employment laws and who wish to apply for a waiver from the state may do so by visiting the link below. 

If you have any questions regarding the process below or would like to discuss your program with the state, please contact youthemploymentwaiver@iwd.iowa.gov. 

Visit this link to begin the Waiver Application.

FAQ

What is the purpose of the waiver?
The purpose is for 16- and 17-year-olds in approved work-based learning or work-related programs to develop valuable skills that prepare them for future careers through training that includes appropriate safety precautions and supervision.

Who can apply for a waiver?
Only employers can apply for a waiver since they are best qualified to decide whether the work-based learning or work-related programs involve certain hazardous activities. Employers are encouraged, however, to apply in collaboration with school partners. Students in work-based learning programs may be paid or unpaid.

How does an employer decide whether to seek a waiver?
There is no “one size fits all” answer to when a waiver is needed. Whether a waiver is needed will depend on each employer’s fact-specific circumstances. If a question exists regarding the need for a waiver, an employer should seek legal advice to determine how the updated youth employment law applies to its situation and how to accurately describe its work activities.

When is a waiver not required?
Employers do not need to seek a waiver under the following conditions:

  1. No hazardous activities are involved in their work-based learning or work-related programs.
  2. The work-based learning program in question is an active Registered Apprenticeship Program, which has been vetted by the U.S. Department of Labor or Iowa Office of Apprenticeship.
  3. The employer’s work-based learning or work-related program involving certain hazardous activities takes place in partnership with an accredited high school and follows specific requirements laid out at this link (Senate File 542, Section 92.8A, subsection 2). Employers should seek legal advice to determine whether they meet all criteria. Employers must still inform Iowa Workforce Development that they are participating in this “no waiver” pathway (waiver application) and file parent/guardian permission forms with the state.

What hazardous activities are always prohibited for 16- and 17-year-olds under Senate File 542?
Senate File 542 lists work activities for 16- and 17-year-olds that are prohibited under Iowa law, with some exceptions under certain circumstances.

How is a work-based learning or work-related program approved?
Before 16- and 17-year-olds can participate in work-based learning or work-related programs involving certain hazardous activities under certain conditions, the programs must be approved by the Iowa Department of Education (IDoE) or Iowa Workforce Development (IWD).

If an employer is partnering with an accredited high school, IDoE will let IWD know whether the program has already been approved through its accreditation process. If so, IWD will consider the waiver request.

For employer-administered programs without a school partner and without prior IWD program approval, IWD will consider the employer’s request for program approval along with their waiver request.

If the Iowa Department of Education (IDoE) determines that a work-based learning or work-related program involving an accredited high school has not been approved, what is the next step?
IDoE will work with the high school to try to address the issues that need to be resolved.

What if an employer wants to start a work-based learning program with a school district?
Please contact Linda Fandel, Governor’s Liaison for Work-Based Learning at Iowa Workforce Development, at linda.fandel@iwd.iowa.gov for assistance.

How long will it take to have a waiver application reviewed?
Iowa Workforce Development in collaboration with the Iowa Department of Education will try to respond to all waiver requests within fourteen (14) days, if not sooner.

How can parents/guardians obtain a copy of safety and training materials given to minors?
Employers are required by law (Senate File 542, Section 92.8A, subsection 4) to provide parents/guardians/legal custodians a copy of all safety and training materials given to a minor performing work involving certain hazardous activities.

Who can I notify with questions or concerns?
Contacts at the respective agencies are included below.

Iowa Workforce Development will handle requests for waivers and program approval for employer-administered work-related programs that do not include accredited high schools.

The Iowa Department of Education will verify whether work-based learning or work-related programs involving accredited high schools have been approved.

The Iowa Department of Inspections, Appeals and Licensing will address compliance issues.

Resources

CONTACT

If you have any questions regarding the process below or would like to discuss your program with the state, please contact youthemploymentwaiver@iwd.iowa.gov.

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