Many businesses, particularly those on the Shore, are employing teen workers during the summer months.
Many people who are employing teen workers this summer should be aware that there are several important issues that arise when hiring minor employees. The bulk of these issues involve federal child labor laws that govern the number of hours that minors can work as well as what jobs they can perform.
To help employers avoid the potential pitfalls of hiring teen employees, we have provided a brief summary of the applicable federal labor laws below.
Employee Age Requirements
The Fair Labor Standards Act (FLSA) sets the minimum age for employment at 14. However, there are some jobs that are exempted from law and may be performed by persons younger than 14, including newspaper delivery, babysitting, acting or performing, and working in solely parent-owned businesses.
Number of Hours Minors Can Work
Under the FLSA, youths 14 and 15 years old may work in various non-manufacturing, non-mining, non-hazardous jobs under certain conditions. These include positions in offices, grocery stores, retail stores, restaurants, movie theaters, baseball parks, amusement parks, etc.
Permissible work hours for 14- and 15-year-olds are:
3 hours on a school day;
18 hours in a school week;
8 hours on a non-school day;
40 hours in a non-school week; and
Between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m.
The FLSA does not limit the number of hours or times of day for workers 16 years and older in any occupation other than those declared hazardous by the Secretary of Labor.
Due to the dangerous nature of some jobs in these industries, the Department of Labor has also established specific guidelines for employing youth in grocery stores and amusements parks.
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