What should we consider in the hiring/employment of a minor?
Quick Answer
Federal law sets specific limitations depending on the age of the minor, and state laws may establish additional requirements.
Legal Perspective
Shawe Rosenthal
Baltimore, Maryland
Both federal and state law apply to the employment of minors, says employment law attorney Fiona Ong of the firm Shawe Rosenthal LLP.
Minors are prohibited from working in certain occupations or from using dangerous materials or equipment. In addition, the laws:
- restrict the number of hours that minors may work (which differs during the school year)
- set minimum wages that must be paid, and
- require breaks (which may not always be required for adult employees).
Some states require minors to obtain a work permit in order to be employed. Violations of child labor laws can result in steep monetary penalties. Further, greater care must be taken with regard to protecting minors from harassment in the workplace, as they tend to be less knowledgeable about their rights and more vulnerable to abuse.
Relevant Case Law
Industrial Comm’n of Arizona Labor Dep’t v. Industrial Commission of Arizona
HR Insight
The HR Solution
Weatherford, Texas
First, research your state law, which may be more strict than federal law, says HR Consultant Ruth Bassham.
Laws may restrict hours per day, hours per week and times of day. They may have different restrictions for different occupations or while school is in session. At the federal level, there are different provisions for age brackets 14-15 and 16-17. Employment under 14 is severely restricted; ages 18 and over are treated the same.
Commonwealth Senior Living
Charlottesville, Virginia
It depends on the state, says Marybeth Showalter, VP of Associate Learning, Training and Retention.
Some states allow hiring as young as 14 years old, with limited hours. Those limited hours can depend on whether the school the minor employees attend is in session or not.
Safety risks are another concern when hiring minors under the age of 19. For example, will they be exposed to any chemicals, job duties, or asked to perform a task that is inappropriate for a minor? You also need to remember if you perform drug testing and background checks that a parent/guardian will have to accompany the minor and sign release forms allowing these actions.
Gordy's Marine
Fontana-on-Geneva Lake, Wisconsin
In the state of Wisconsin, employers can hire workers as young as 14 years old with a work permit (that they obtain from their local high school), says HR Manager Jaime Offutt.
They can only perform certain tasks in a job, so employers would have to research laws in their state. We conduct anti-harassment and bullying training to try to give minor employees the proper tools they need and empower them to talk to someone if they feel uncomfortable.
The Cost of Noncompliance
Bakery used a child as unpaid labor
Who was involved: Bread & Co., a bakery in Winter Park, Florida, and several employees – including a 13-year-old who was not paid for his work.
What happened: The bakery employed a 13-year-old worker as an unpaid volunteer and risked the child’s safety by allowing the minor to operate a power-driven bread slicer. The investigation also uncovered other pay practices that violated wage requirements of the Fair Labor Standards Act (FLSA), including overtime and recordkeeping violations.
Result: The bakery paid a total of $14,695, which included a $9,979 civil money penalty for the violations and $4,706 in back wages and damages for 17 workers.
Info: Bakery Employed 13-Year-Old as Unpaid ‘Volunteer,’ Allowed Minor to Operate Dangerous Slicer, 2/7/22.
State agency finds child labor violations: Company pays $7.75M in civil penalties
Who was involved: Chipotle Mexican Grill and an undisclosed number of minors across the state of New Jersey.
What happened: A 2020 NJDOL audit identified approximately 30,660 alleged violations impacting minors at Chipotle locations across the state. Specifically, the company allegedly failed to abide by limits on the number of hours minors are allowed to work and also failed to provide timely and sufficient meal breaks to underage workers.
Result: The restaurant chain paid $7.75 million in civil penalties that will go to the NJDOL’s Child Labor Law Enforcement Trust Fund, which is used to enforce laws protecting minors in the workforce and to educate employers about the legal obligations connected to the employment of minors. The chain also entered into a consent decree that outlines a compliance plan for its 85 locations in the state.
Child labor violations land grocer in hot water
Who was involved: Greenfield Market, a grocer in Detroit, and an undisclosed number of minor employees between the ages of 15 and 17.
What happened: A DOL investigation found the grocer allowed the minor employees to operate trash compactors and bottle recycling machines. The employer also allowed 15-year-olds to work later than 7 p.m.; more than three hours on a school day; and more than 18 hours in a workweek – all of which violated child labor laws. The company also failed to maintain complete records of employee birth dates.
Result: The company paid $10,000 in civil penalties.
Info: Detroit Grocer Pays $10K Civil Penalty After DOL Finds Child Labor Violations, 2/8/21.
Key Takeaways
- Minors of any age are generally allowed to work for businesses owned entirely by their parents, as long as the occupation is not hazardous.
- Minors under age 14 may only perform work that is exempt or covered by the Fair Labor Standards Act, such as delivering newspapers, acting and babysitting.
- Minors who are 14 or 15 can perform non-hazardous and non-manufacturing jobs outside of school hours, under specified conditions, and for limited hours.
- Minors who are 16 or 17 can work unlimited hours in non-hazardous jobs.
- Individuals aged 18 and over are not subject to federal youth employment provisions.
- Different standards apply to farm work and non-farm work.
- State laws vary and may set different limitations.
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