This is a tricky situation. Since they own the business they could say that it is part of his household chores to help out (Which is legal). Is by hanging in the restaurant put his life in danger, I mean more than normal ? Is work done beyond the capability of a 10 year old like cooking, etc. With the above statement I believe that it dont violate child labor law to let your 10 year old help out your business, provide he is not in any danger and is not doing thing that a 10 year old should not be doing (sweeping the floor is legal in my eyes). With regard to your post 'The opposing argument is that the owner owns the business, it is legally their business and therefore they can allow anyone of any age to help provided that the Child Labor Laws are not violated.' Under U.S. Child Labor Law the minimum age to work in an establishment without restrictions and without parents' consent at age 16.

hmmmm.... Ok. I stand corrected. Thank you for helping me see the light.

The Story behind the question. My Son, The busser, works for a restaurant. Part time. One evening customer placement was not going well. The busser was conversing with thesaxplayer about the inefficient customer seating for reserved, very large, parties coming in soon. They also discussed that the waitresses were, in his opinion, too cheap to hire another busser. The owners 10yr old son was standing nearby trying to be included in the conversation. The busser did not feel comfortable discussing the current topics with the 10yr old present. The busser made mention of this to the sax player, dropped the conversation and went on with work. One week later the busser was not scheduled for an entire week, unusual. The busser suspected he was going to get fired for poor performance (a very tuff management style at the restaurant). The busser asked the manager, in my presence, why he was not on the schedule. The manager stated, The 10yr old told his dad, the owner, that the busser called his dad a 'Cheap Ass'. The owner was not happy that the busser would say something like that in the presence of his 10yr old. The manager stated that the busser was being punished for insubordination. The manager is the sister of the owner and stated that the 10yr old child does not lie. The busser was never approached regarding the charges. The owner automatically assumed that his 10yr old was right and acted upon it. (poor business management considering the child is 10yrs old and not even an employee) I believe that the 10yr old got mad at the busser for not including him in the conversation and mis-heard the conversation. Then the 10yr old decided to get the busser in trouble and lie. I grilled the busser regarding this issue. He stated that he did not call the owner a name. 'His word, their word' I hate those situations. The last time the busser said a swear word, by accident, during an in-home conversation, he started to cry because he felt bad for swearing. The busser and I will be speaking with the manager on Monday. The busser is not going to continue employment, however we will push to have his employment record cleared in reference to this insubordination. I care about what can be said to potential interviewers. Insubordination is not even the correct judgement of the situation. (according to Webster) I could understand a judgment of inappropriate workplace behavior. However, this type of language is used by most of the staff most of the time. Very frustrating situation. 1st job, immediately stomped on. What has happened to our society? One of those life lessons that teach so much and put a bad spin on business owners. Now I have to do damage control and be sure the busser does not assume all employers are that way. theskiboy

Yes... I was fishing out of retaliation... I am sorry... I will leave now. a very upset father

I believe that you have a case since the child testimony will only be a hearsay unless someone else comein and collaborate his story. alling you boss to cheapt o hire somee else is bad ;) Anyway if the integrity of your son's record is really important for you, then you should speak to a lawyer regarding this matter. Next time your son should be careful on what he say infront of co-workers regarding their boss.