As each summer approaches, the number of minors (people under 18 years of age) in the workplace skyrockets, as students who have been in school go on their summer breaks and many look for work. Hiring minors makes business sense to many companies, agricultural producers, and small businesses. Minors can be a source of boundless energy and, just as importantly, cheap labor.
Before hiring employees under age 18, however, be aware that child labor is regulated by the federal Fair Labor Standards Act (FLSA) and state labor laws. If there seems to be a conflict between your state’s child labor law and the FLSA, the stricter of the two prevails. Child labor provisions are designed to protect minors by restricting the types of jobs and the number of hours they may work.
Typically, both the FLSA and state labor laws divide minors into two categories: those 14 to 15 years old and those 16-17 years old. Younger workers have more restrictions on the types of jobs they can perform, as well as the number of hours they are allowed to work. For purposes of this article, we will review the FLSA’s restrictions and requirements for hiring minors. Your state’s laws may be more strict, however.
Fair Labor Standards Act or FLSA
Once a child reaches the age of 18, they are no longer minors and may work as many hours as they like, in whatever industry they choose. No one under the age of 18 may be employed in a hazardous job, though (see below). For minors age 14 or 15, hours and types of work are restricted to promote educational opportunities and to increase health and safety. Minors ages 16 and 17 are unrestricted in the number of hours they work. The minimum wage as of July 24, 2009 is $7.25 per hour. States may have their own minimum wage, however, and, if so, employees are entitled to the higher of the two.
Kids ages 16 and 17
There are no restrictions on the number of hours per day or days per week for teenagers ages 16 and 17. All minors are prohibited from performing hazardous jobs, however (see below).
14 and 15 year old minors
Those employees ages 14 and 15 have the most restrictions placed upon the amount and type of work in which they can participate. When school is in session, 14 and 15 year old employees can only work between the hours of 7am and 7pm (extended to 9pm from June 1 through Labor Day), and only 3 hours per day and 18 hours per week.
For non-school days, employees may work 8 hours a day and for non-school weeks the maximum is 40 hours per week.
Workers 15 years of age and younger who work in a business owned solely by their parents (or standing in place of their parents) may work any time of day and any number of hours. In addition to the prohibition on hazardous jobs, however, workers 15 and under are also prohibited from being employed by their parents in manufacturing jobs.
Workers under 13 years of age
Generally, fourteen is the minimum age of employment under the FLSA. However, there are several blanket exemptions to the FLSA allowing those under 14 years of age to work (see below). In addition, if the business or farm is operated by the parents, children of any age may work there.
Remember Theses Things About the FLSA
The FLSA does not apply to young people (no matter their age) working:
• as actors in motion pictures, television, radio, or theater productions.
• in newspaper delivery to consumers
• at home, making wreaths composed of natural holly, pine, or other evergreens (including the harvesting of the evergreens)
Minors in Hazardous Jobs
The following jobs have been deemed to be hazardous by the federal government and therefore no minor may perform them.
There are certain limited exemptions (explained further below), however, as a general rule, no one under the age of 18 may participate in the following occupations:
1. Manufacturing or storing of explosives
2. Driving a motor vehicle and being an outside helper on a motor vehicle
3. Coal or any other mining activity
4. Logging or sawmilling
5. Exposure to radioactive substances
6. Power-driven hoisting equipment
7. Meat packing or processing (including the use of power-driven meat slicing machines)
8. Power-driven bakery machines
9. Manufacturing brick, tile, and related products
10. Wrecking, demolition, and shipbreaking operations
11. * Power-driven woodworking machines
12. * Power-driven metal-forming, punching, and shearing machines
13. * Power-driven paper product machines, including scrap paper balers and paper box compactors
14. * Power-driven circular saws, band saws, and guillotine shears
15. * Roofing operations and all work on or about a roof
16. * Excavation operations
For the hazardous occupations denoted with an *, 16 and 17-year-olds are allowed to work those jobs under a limited exemption for apprentices and student-learners. There are no such exemptions for those under 16 years of age.
There is also a parental exemption allowing children of farm operators to work in any occupation in agriculture, regardless of their age.
In addition to the rules for hiring minors and limited exemptions outlined above, for non-agricultural jobs, the following partial exemptions also apply. Employees who drive on public roads in a job-related capacity must be at least 17 years old, have a valid driver’s license, and no moving violations on their record. Minors ages 14-17 who are excused from mandatory school attendance beyond eighth grade are allowed to be employed in businesses that use machinery to process wood products (e.g., sawmills, furniture makers, cabinet makers), but are not allowed to operate or assist in operating power-driven woodworking machinery (a prohibited job, outlined above)
Stemming from the fact that the United States has traditionally been a farming nation, there are more exemptions and partial exemptions for minors working in agriculture. The general rules for minor employees still apply to jobs in agriculture, there are just more exemptions and allowances
There are complete exemptions for minors working on a farm owned or operated by their parents, regardless of the minor’s age. Additionally:(1) 14 or 15-year-olds who are student learners in a vocational agriculture program may engage in certain hazardous jobs if the work is incidental to the training, is for short periods and under direct supervision, the minor has been trained and other safety and consent requirements are met. (2) Employers may hire workers age 12 or 13 for non hazardous work (defined above) outside of school hours if the minor’s parents work on the farm or get their parents’ written consent. (3) Workers 10 or 11 may also be hired if the employer has been granted a waiver by the Department of Labor to hire the minor as a hand harvest laborer. Employment may not exceed eight weeks in a calendar year.
Employers should verify the age of all minors in their employ. You should obtain an age certificate issued by the Wage and Hour division of the Department of Labor to comply with federal law. Some states may also require either the employer or the minor to obtain work permits through the state’s Department of Labor.
Business Lawyer Free Consultation
When you need legal help about hiring minors in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506