06/ 29/ 2007
by S. Kay Bell
Many businesses look forward to the end of the school year almost as much as students. Why? Because these companies see teenagers with three months of free time as a good match for summer job openings.
But such hires also require that businesses know federal labor law. The Fair Labor Standards Act explicitly limits the work, based on age or hours, that youths can perform. Some specific tasks, even a few that might seem OK, also are restricted.
So before you hire the kid down the street for the summer, check out these guidelines.
Age and hour limits
Under the FLSA, a youth 18 years or older may perform any job for unlimited hours.
An employee who is 16 or 17 years old also may work for unlimited hours but only at nonhazardous jobs (see descriptions below).
But if you hire a 14 or 15 year old, get ready to carefully monitor the youth's job duties and hours.
At this age, employees are not allowed to work in the manufacturing or mining industries. For other employment sectors, they are restricted to nonhazardous jobs. And their hours also are more limited than those of their slightly older coworkers.
Disallowed duties
The type of job is often the biggest hurdle to hiring young employees. Under federal law, work that is deemed hazardous is out of the question for any employer younger than 18.
Some of the restricted jobs are intuitive, says Jennifer B. Sandberg, a partner with the Atlanta-based law firm of Fisher & Phillips LLP. They include jobs such as working with explosives, using power saws and meat-packing, among others.
"Others, like driving a motor vehicle, are not necessarily straightforward," says Sandberg, who specializes in labor and employment law. "I can easily see a company hiring a 16 or 17 year old and letting him run errands. This is the most likely mistake. It probably never occurs to most employers that driving would be hazardous." But under the FSLA, a 16- or 17-year-old employee can do no more than move the vehicles from one spot to another on the owner's premises, says Sandberg—and that's only if no passengers are inside the vehicle.
Younger hires, ages 14 and 15, have an even longer list of jobs they aren't allowed to perform.
The good news is that the FLSA spells out such restrictions. "With some basic research, employers are going to get enough information that they can do it the right way," Sandberg says.
The best place to start that research is the Department of Labor Web site. Its FSLA section details the hour limits on young workers and lists the types of jobs that are not allowed for the various employee age groups.
The DOL site also notes the employment exceptions granted when a youth is hired by his family's business or at an agricultural job. "People who are working for parents have more flexibility in times they can work and number of hours they can work," Sandberg says, "but they still face limits on the types of jobs, particularly the hazardous jobs."
Wage considerations
Employers often look to young workers as a way to reduce payroll costs. But generally, unless otherwise allowed, youth are paid the same minimum wage to which any other employee is entitled, Sandberg says. And if an employee is the appropriate age and allowed to work overtime, she notes, the worker is entitled to overtime pay just like any other employer.
In some cases, though, a business might be allowed to compensate a young employee at a special subminimum wage.
This $4.25-per-hour rate (versus the current $5.15 an hour) applies to employees under the age of 20 during their first 90 consecutive calendar days of employment. Employers may have to apply for a certificate from the Labor Department of Labor in order to pay a young worker the lower wage.
After the initial three months on the job, the FLSA requires employers to pay the younger employee the full federal minimum wage.
State standards might differ
Each state also has its own child labor standards, which in many cases differ from the federal law. States enforce tougher limits on types of jobs a youth worker may hold or demand that an employer obtain a permit for younger hires. Check with your state's department of labor for details.
Also remember that when federal and state standards are different, the rules that provide the most protection to young workers apply.
States also can set a minimum wage higher than the federal rate. That's the case in 29 states and the District of Columbia. The Labor Department maintains an online map that tracks state minimum wage rates.
Rules apply to all
Businesses also need to keep in mind that while there are some special rules for young workers, general labor laws also apply.
Be careful not to run afoul of age discrimination statutes. Federal law protects workers over age 40, but some state laws have different standards.
Also, Sandberg says her firm is seeing an increase in the number of Equal Employment Opportunity Commission claims brought by younger workers. Many of today's youth, she says, "truly come to work with different expectations and think that the workplace is gong to be perfect … so they're hypersensitive."
If a young woman wants Friday off, and her boss says no, she might view that as discrimination because she's the only female on staff. Her boss, however, sees the refusal as an appropriate response a staff workload issue.
Regardless of the age of your workers, be fair and consistent in your treatment of employees, Sandberg advises. "You can't treat a youth any differently from someone in their 20s, 30s, 40s or 50s," she says. "Follow policies and procedures when it comes to all workers. You can't just say, ‘They're young. They'll get over it. They're only going to be here for a few months.' As an employer, you're liable."
