With summer upon us, many workforces include minors, at least on a temporary basis. Minors bring a unique sense of enthusiasm and work ethic as well as a unique set of legal considerations.
The Fair Labor Standards Act (FLSA), the federal law that governs wages and working conditions, places restrictions on the types of jobs and the number of hours minors (employees under the age of 18) can work to ensure that when young people work, it does not jeopardize their health, well-being, or educational opportunities.
Limitations on Hours
The FLSA generally prohibits any employment of children under the age of 14, with a few exceptions, including working for a parent, working alongside a parent in agriculture jobs, acting, or delivering newspapers. When minors reach the age of 14 to 15, they are permitted to work limited hours in nonhazardous jobs. Specifically, 14- and 15-year-olds may work during holidays and school breaks up to eight hours per day and 40 hours per week between the hours of 7 a.m. and 7 p.m. (up to 9 p.m. June 1 through Labor Day). So, there should not be any overtime considerations for minors before they reach the age of 16.
Once minors reach 16, there are no federal restrictions on the times they may work, but there are still restrictions on working in occupations declared hazardous by the Secretary of Labor.
Limitations on Working Conditions
No one under the age of 18 may work in certain types of jobs deemed “hazardous.” The DOL has identified 17 categories of hazardous jobs that minors may not work in, which include the following: driving a motor vehicle or working as an outside helper on motor vehicles on public roads (with the exception that 17-year-olds may drive cars or small trucks during daylight hours for limited times), roofing, occupations in forest fire fighting, and occupations in logging and sawmilling operations, among others.
If you have a question about whether a minor can perform a job in your industry, a list of jobs that minors may legally perform is published on the DOL website.
State Law Restrictions
In addition to the federal restrictions placed on employing minors, many states have additional requirements, such as certificates often referred to as “working papers” or “working permits,” further restrictions on the number of hours or times that 16-year-olds can work, and additional rules for breaks and meal periods. The DOL has published a helpful state chart that identifies specific state hour limitations.
Employers Council also offers members a whitepaper titled Child Labor Requirements that provides a helpful table on state requirements for our region.
Enforcement
Employers can be subject to hefty civil penalties for violating the laws. As of January 2024, penalties for violating child labor laws range from $15,629 to $142,062. The DOL enforces the FLSA and its provisions and has made enforcing child labor laws a priority. In February 2023, the DOL launched the National Strategic Enforcement Initiative on Child Labor and has been active with enforcement. In fiscal year 2023, the DOL issued 14% more violations than the prior year, with 82% more penalties assessed.
It is more important than ever to ensure that your minor employees are complying with the laws. Please reach out to Employers Council if you have questions about compliance.
Aerie Nandi is an attorney for Employers Council.