Minors in the Workplace
As summer approaches, many young people will be looking for summer jobs, and with these young workers comes a set of rules that many employers aren’t familiar with.
The federal Fair Labor Standards Act (FLSA) is known for its provisions concerning minimum wage, overtime, and exempt vs. non-exempt, but it also establishes parameters for the employment of minors. The basics include:
Under Age 14: Employment generally prohibited, except for things like newspaper delivery, babysitting, minor chores in a private home, as well as some narrow exceptions for work performed in companies owned and operated solely by the child’s parent(s).
Ages 14 & 15: Can generally work in an office, grocery or other retail store, restaurant, movie theater, amusement park or service station. However, they cannot perform or work in or around hazardous situations as defined by the Department of Labor (DOL), including, but not limited to: construction or repair, driving (including helping a driver), manufacturing, power-driven machinery (other than office equipment), areas where products are processed or manufactured, working on a ladder, or warehousing.
During the summer, work hours for youth in this age range are restricted to 7AM – 9PM, 8 hours/day, and 40 hours/week. Hour limits are more stringent during the school year.
Ages 16 & 17: Generally, no restrictions on hours but may not work in any DOL-defined hazardous occupation.
Keep in mind that these rules are for general employment. There are additional considerations for a variety of industries and duties, including amusement parks, restaurants, lifeguarding and healthcare, to name a few.
Additionally, every state also has child labor laws, often more stringent than the federal minimums. These may include more restrictive hours, additional “hazardous occupation” definitions, and requirements for work permits and meal breaks. If you need assistance navigating child labor requirements in your state, call us at 877-660-6400 or email us at contact@affinityhrgroup.com.
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