06/ 20/ 2008
by Emmanuel Cruz, NFIB Small Business Legal Center
Every summer, many businesses look to bolster their workforce by hiring students on summer break. This can be a valuable opportunity for teens to not only get some hard-earned cash, but to learn important job skills. Instilling these skills in young workers helps ensure a quality workforce down the line. For employers, along with the benefits of the additional labor, teens today have increased spending power, and hiring them can help build consumer loyalty.
However, many employers are still unaware that when it comes to youth employment, the Fair Labor Standards Act (FLSA) and other regulations still apply. Keep the following questions in mind when employing teens:
Do I have to pay teens the same wage as my other employees?
Yes. Essentially, unless otherwise exempt, a covered minor employee is entitled to receive the same minimum wage, overtime, safety and health, and non-discrimination protections as adult workers.
However, there is a special youth minimum wage program that allows a minimum wage of not less than $4.25 to be paid to employees under the age of 20 for their first 90 consecutive calendar days of employment with any employer as long as their work does not displace other workers. After 90 consecutive days of employment, or when the worker reaches age 20 (whichever comes first), the worker must receive at least the federal minimum wage. But, it is illegal to hire only employees under age 20 at the youth wage and employ them only for 90 days each. Finally, if your state has a higher minimum wage, then the employee will likely have to be paid at the higher rate.
What is the minimum age requirement for employment?
The FLSA sets 14 as the minimum age for most non-agricultural work. However, at any age, youth may deliver newspapers; perform in radio, television, movie or theatrical productions; work in businesses owned by their parents (except in mining, manufacturing or hazardous jobs); and perform babysitting or other minor chores around a private home.
How many hours a week can teens work during the summer?
During summer break (June 1 to Labor Day), 14- and 15-year-olds can work a maximum of 40 hours a week, which must be between the hours of 7 a.m. and 9 p.m. Also, they cannot work more than three hours on school days.
Those who are 16 or 17 can work for an unlimited number of hours, provided all other FLSA requirements are met. Upon reaching age 18, there is no limit to the number of hours that may be worked.
What are some types of jobs that teens may not do?
Fourteen- and 15-year-olds may work in most office jobs and retail and food service establishments, but may not work in processing, mining, or in any workroom or workplace where goods are manufactured or processed, and may not operate most power-driven machinery, including lawn mowers, lawn trimmers and weed cutters.
Additionally, 14- and 15-year-olds can operate most office machines and certain equipment found in food service establishments such as dishwashers, toasters, dumbwaiters, popcorn poppers, milkshake blenders and coffee grinders. They can cook with electric and gas grills that do not involve open flames, but cannot bake as part of their employment.
Sixteen- and 17-year-olds can basically do any job not declared hazardous, whereas no restrictions are placed on those 18 or older.
What are the consequences of not complying with the FLSA?
If you are found to be in violation, your company may be subject to a civil penalty of up to $11,000 for each minor employed in violation, or even face criminal prosecution.
What if my state has different laws?
It is important to remember that other federal and state laws may have higher standards. When these apply, the more stringent standard must be observed. For example, the FLSA does not require work permits or limit the number of hours or times of day workers 16 years of age and older may be employed, though many states do. Therefore it is important to check with your state's department of labor or wage and hour division for guidance concerning specific state and local laws.
Teens can be a valuable asset to businesses during summer break. But remember, they are entitled to receive the same minimum wage, overtime, safety and health, and non-discrimination protections as adult workers.
For more information, check out the Department of Labor's Web site at www.youthrules.dol.gov.
