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Minors in the Workplace
Apr 28, 2021 1:56:00 PM
When summer approaches, the number of minors (people under 18 years of age) in the workplace increases, as students who have been in school go on their summer breaks and many look for work. Hiring minors makes good business sense to many companies.
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. 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:
- Generally sets the minimum legal work age at 14
- Limits the work hours that employers may schedule for minors ages 14-15
- Restricts the type of work that minors ages 14-15 may perform
- Prohibits employing minors under age 18 in hazardous jobs
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.
Child labor provisions are designed to protect minors by restricting the types of jobs and the number of hours they may work. Please reach out to your FrankAdvice HR Consultant if you have questions about hiring minors at your company.
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