Youth Employment Waiver 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. It also 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. 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 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)

If your program involves hazardous activities under certain conditions, it must be reviewed by the Iowa Department of Education (IDOE) or Iowa Workforce Development (IWD). You must obtain this approval before 16- and 17-year-olds can participate.

If you partner with an accredited high school, the program may have been approved through the accreditation process. If so, IDoE will let IWD know, and IWD will consider your waiver request.

If your company runs its program without a school partner, IWD can review the program at the same time it considers the 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, 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: 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