Some jobs, such as evening, weekend, and summer work, attract a high number of applicants under the age of 18. Hiring these applicants makes good business sense to many companies. Employers considering using child labor must understand their responsibilities with the employment of minors (individuals under 18 years of age).
Child labor is regulated by the federal Fair Labor Standards Act (FLSA) and state labor laws. Typically, both the FLSA and state labor laws divide minors into two categories: those 14 to 15 years old and those 16 to 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.
Federal child labor law:
For the child labor provisions outlined by the FLSA, click here.
If there seems to be a conflict between your state's child labor law and the FLSA, the stricter of the two prevails. For more information on your state's laws, visit your state Department of Labor's website.
Employers should verify the age of all minors in their employ. You may obtain an age certificate issued by the Wage and Hour division of the Department of Labor, although work permits are not required on the federal level. On the other hand, some states may require either the employer or the minor to obtain work permits through the state's Department of Labor.
The Department of Labor says that the National Institute for Occupational Safety and Health estimates that 160,000 American children suffer occupational injuries every year—and 54,800 of these injuries are serious enough to warrant emergency room treatment.
Reach out to your FrankAdvice HR Consultant if you have questions about hiring minors at your company.