Youth Employment Waiver: Frequently Asked Questions (FAQ)

The purpose is to allow 16- and 17-year-olds in approved work-based learning or work-related programs to develop valuable skills that can prepare them for future careers (through training that includes appropriate safety precautions and supervision).

Only employers can apply for a waiver. They are best qualified to know 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, your business should seek legal advice. This will help you understand how Iowa's updated youth employment law applies to your situation, and it will help you accurately describe the work activities involved.

Employers do not need to seek a waiver under the following conditions:

1. No hazardous activities are involved in your work-based learning or work-related programs.
2. Your work-based learning program is an active Registered Apprenticeship Program that has been reviewed by the U.S. Department of Labor or Iowa Office of Apprenticeship.
3. Your work-based learning or work-related program is part of a partnership with an accredited high school and follows requirements laid out in Senate File 542, Section 92.8A, subsection 2.
   1. This is the High School Partnership Work-Based Learning Pathway.  The process to inform IWD and seek appropriate required permissions is required. Employers should seek legal advice to determine whether they meet all criteria. For more information on this program pathway, visit High School Partnership Work-Based Learning Program.

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

• For more information, view: Senate 542, Section 92.8A(1)(d) and 92.8A(2)(d)

If you partner with an accredited high school, visit High School Partnership Work-Based Learning Program.

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

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: Jodie Smith, Jodie.smith@iowa.gov or 515-419-5190

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

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