Federal and state labor laws govern hours worked and duties performed by teen workers
Everyone remembers the highlights of their first “real” job: independence, responsibility and a paycheck. Less memorable is the list of rules that apply to workers under age 18, since it is typically up to employers to enforce the local, state and federal laws concerning hiring and managing teenage employees.
Responsible, motivated teens can be part-time and seasonal employees – and often they are covered by their parents’ insurance, meaning employers pay less to keep them on the payroll. Still, small business owners should familiarize themselves with regulations governing underage workers to avoid citations, costly fines and bad public image that can result from being out of compliance.
“Employing minors is a challenge, so streamline it as much as possible and try to have it as buttoned up as possible,” advises Allison Dodd, a partner with the law firm Messner Reeves who specializes in employment law.
Barring exceptions for work such as acting, babysitting or newspaper delivery, U.S. residents cannot work non-agricultural jobs until they are 14 years old – although the minimum age to hire in some states is 16. Laws related to employing underage workers vary by state, but we have compiled a general list of things companies should keep in mind when hiring teens for summer, weekend or after-school employment.
Youth Minimum Wage
The federal minimum wage of $7.25 per hour has not been raised since 2009, although many states have adopted a higher hourly minimum. A loophole in the labor law allows businesses to pay workers under 20 years of age $4.25 per hour – a training wage – during their first 90 days on the job. When the employee turns 20 or hits the 91-day employment mark, the federal minimum wage applies. Additionally, tipped employees – such as restaurant servers – are subject to a different federal minimum wage of $2.13 per hour.
In Colorado, where Dodd practices law, a small number of businesses are eligible to pay non-emancipated minors 85% of the minimum wage, or $12.59 per hour, rather than the statewide minimum of $14.81 hourly. Additionally, companies can apply $3.02 from tips earned toward the already reduced minimum.
Despite the seeming advantages, Dodd encourages her clients to pay employees the full minimum wage now to avoid problems later. “Best practice, in my opinion, is to pay them the standard rate of pay,” regardless of age, Dodd says.
Certificates Of Employment
The most common area where businesses run afoul of the law is failing to get a signed employment certificate, according to Susie Reynolds, manager of the Fair Labor Standards Division at the Illinois Department of Labor. Depending on the state, regulators might require workers under age 18 to obtain an employment certificate and/or age certificate, both of which typically are available through the state labor department or through school resource offices.
In Illinois, for example, individuals under age 16 would obtain a letter of intent to hire from their prospective employer; that letter would outline the hours and days the minor would work as well as the nature of the job, Reynolds says. The student would take the letter to school issuing officers, “who review the application, make sure it won’t interfere with their schooling … make sure they’re not working in a hazardous occupation.”
Reynolds says it’s required that businesses keep these certificates onsite; that way, if the business is inspected, management can easily provide documentation for all employees’ legal ability to work.
Dodd adds that if an employer is going to request personally identifying information (PII) for a potential employee under age 18 – through a background check, for example – they are likely to need parental approval from the minor’s parents. “The best practice is to always have parental consent to access any PII about the child, even if it’s not technically outlined in the law,” she says.
Hours Worked
The second-most common infraction for companies employing minors involves their work hours. Teenagers enrolled in school typically cannot work during school hours aside from school-sponsored career-exploration programs. Employees under age 16 cannot work more than three hours on a school day (including Friday) or more than 18 hours per week during the school year under federal law, which also forbids working before 7 a.m. or after 7 p.m. during the school year. During the summer – or from June 1 through Labor Day – employees under age 16 can work up to 40 hours per week.
Workers ages 16 and 17 are not bound to the same limits under federal law, although state laws might restrict the number of hours worked and when. Additionally, employees in this age band cannot work jobs considered hazardous by the U.S. Secretary of Labor, such as driving a car or forklift for work (more on this under “Hazardous Jobs”).
Finally, managers are legally required to provide regular breaks to underage workers, meaning short breaks that are paid as well as an unpaid, 30-minute meal break for every five hours worked.
Hazardous Jobs
Even if teen workers are physically able to complete most jobs, federal law prohibits employers from having them perform certain tasks, such as demolition, excavation, roofing or working with metal.
Federal law forbids employees under age 18 from using, adjusting, cleaning or repairing bakery machines such as vertical dough mixers, dough rollers, rounders and dividers. The law also applies to feeding such machines. Workers ages 14 and 15 cannot be part of the baking process at all, meaning they cannot mix or weigh ingredients, assemble products in pans or operate ovens other than microwaves. Federal law forbids this age group from cooking with an open flame.
“Helping in the grocery store on the rotisserie chicken – things that you don’t necessarily think of that would be dangerous” are nonetheless prohibited, Dodd says. She adds that while underage workers can go into a walk-in freezer to grab items, they cannot be continuously exposed to cold temperatures while at work.
Teenagers have a great reputation for eating more than fully grown adults, but when it comes to making sandwiches or processing meat, the law is clear: Restaurant employees must be at least 18 years old to set up, adjust, feed, operate, clean or repair meat slicers or other meat-processing machines.
Finally, the U.S. Department of Labor forbids car-based delivery using employees under age 18, stating that “such factors as customers satisfaction … might impel the driver to hurry.”
Consequently, all delivery employees must be 18 years old, regardless of whether they are driving. The Labor Department states, “No employee under 18 years may serve as an outside helper … assisting in transporting or delivering goods.”
Exemptions
While some exemptions to child labor laws exist when the minor is working at a family-owned business, Reynolds says such exemptions typically are specific to the agricultural sector, not commercial kitchens or hospitality jobs. She encourages employers with questions to reach out to their state labor departments to ensure they are following the rules.
According to the U.S. Department of Labor, “Where a state child labor law is less restrictive than the federal law, the federal law applies. Where a state child labor law is more restrictive than the federal law, the state law applies.”
Dodd cautions that employing teenagers can be “more of a headache” than hiring older staff members. When business that employ minors are audited, they often are found to have violated employment laws – even unintentionally.
“A lot of people or companies … don’t do their due diligence before employing minors, and so they’re creating these paper trails of noncompliance,” Dodd says. “There can be pretty significant penalties and fines for violations levied against companies if there is a minor issue.”
Kate Lavin is Senior Editor at Pizza Today.
