Youth Employment Waiver FAQ

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.

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.

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.

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.

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

• See this link: Senate 542, Section 92.8A(1)(d) and 92.8A(2)(d)

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.

The  Iowa Department of Education (IDoE) will work with the high school to try to address the issues that need to be resolved.

Please contact Linda Fandel, Governor’s Liaison for Work-Based Learning at Iowa Workforce Development, at linda.fandel@iwd.iowa.gov for assistance.

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.

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.

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.

• Contact: Kathy Leggett, kathy.leggett@iwd.iowa.gov or 515-204-1378

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

• Contact: Kristy Volesky, kristy.volesky@iwd.iowa.gov or 515-971-0669

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

• Contact: Natasha Welch, natasha.welch@dia.iowa.gov or 515-631-8901