Workplace of Choice

Summertime is typically a time when many companies employ minors.  While you think you may be simply giving a kid a job during their school break, you could be opening yourself up for HR compliance risks.  The Fair Labor Standards Act (FLSA) governs the employment of children on a federal level, but most states also have specific laws relating to the employment of children.  Where the state also has laws, the more restrictive of the two will take precedent.  Recently two business owners of Dunkin’ Donuts were fined for not properly following Massachusetts laws around child employment.  Don’t get yourself caught not properly following the guidelines.  To find out more information about Federal child labor law guidelines, consult the Department of Labor’s guidelines on Youth & Labor.  State specific guidelines can be found through your state resources or the Youth Rules! website.  Typically federal and state guidelines restrict youth employment with respect to the following:

• Age Requirements – Federal guidelines restrict employment under the age of 14, although there are exceptions for certain family owned businesses, the entertainment industry and some household and newspaper delivery jobs.
• Hours Restrictions – Federal guidelines restrict the number of hours a minor between the ages of 14 and 16 may work.  Many states further restrict the working hours beyond the federal provisions.  Hours restrictions specify the number of hours that can be worked in a day and a week, in addition to the time of day a minor may work and how many days in a given week can be worked.
• Supervision – Some states require direct supervision after a certain time of day.
• Hazardous Jobs – Federal guidelines prohibit the employment of minors in jobs that are designated as hazardous by the Department of Labor.  Many states expand on these restrictions.
• Work Permit – While there is no Federal requirement, many states require a work permit or proof-of-age prior to beginning work.  The state’s labor department or the youth’s school can assist with determining these requirements.

Youth employment is a wonderful way to help a minor gain valuable work experience and add resources to your business, just be sure you’ve done your homework and are following both federal and state guidelines.