![]() As each summer approaches, the number of minors (people under 18 years of age) in the workplace skyrockets, as students who have been in school go on their summer breaks and many look for work. Hiring minors makes business sense to many companies, agricultural producers, and small businesses. Minors can be a source of boundless energy and, just as importantly, cheap labor. 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. If there seems to be a conflict between your state’s child labor law and the FLSA, the stricter of the two prevails. Child labor provisions are designed to protect minors by restricting the types of jobs and the number of hours they may work.
Fair Labor Standards Act or FLSAOnce a child reaches the age of 18, they are no longer minors and may work as many hours as they like, in whatever industry they choose. No one under the age of 18 may be employed in a hazardous job, though (see below). For minors age 14 or 15, hours and types of work are restricted to promote educational opportunities and to increase health and safety. Minors ages 16 and 17 are unrestricted in the number of hours they work. The minimum wage as of July 24, 2009 is $7.25 per hour. States may have their own minimum wage, however, and, if so, employees are entitled to the higher of the two. Kids ages 16 and 17There are no restrictions on the number of hours per day or days per week for teenagers ages 16 and 17. All minors are prohibited from performing hazardous jobs, however (see below). 14 and 15 year old minorsThose employees ages 14 and 15 have the most restrictions placed upon the amount and type of work in which they can participate. When school is in session, 14 and 15 year old employees can only work between the hours of 7am and 7pm (extended to 9pm from June 1 through Labor Day), and only 3 hours per day and 18 hours per week. Workers under 13 years of ageGenerally, fourteen is the minimum age of employment under the FLSA. However, there are several blanket exemptions to the FLSA allowing those under 14 years of age to work (see below). In addition, if the business or farm is operated by the parents, children of any age may work there. Remember Theses Things About the FLSAThe FLSA does not apply to young people (no matter their age) working: Minors in Hazardous JobsThe following jobs have been deemed to be hazardous by the federal government and therefore no minor may perform them. There are certain limited exemptions (explained further below), however, as a general rule, no one under the age of 18 may participate in the following occupations: There is also a parental exemption allowing children of farm operators to work in any occupation in agriculture, regardless of their age. Partial ExemptionsIn addition to the rules for hiring minors and limited exemptions outlined above, for non-agricultural jobs, the following partial exemptions also apply. Employees who drive on public roads in a job-related capacity must be at least 17 years old, have a valid driver’s license, and no moving violations on their record. Minors ages 14-17 who are excused from mandatory school attendance beyond eighth grade are allowed to be employed in businesses that use machinery to process wood products (e.g., sawmills, furniture makers, cabinet makers), but are not allowed to operate or assist in operating power-driven woodworking machinery (a prohibited job, outlined above) Agriculture JobsStemming from the fact that the United States has traditionally been a farming nation, there are more exemptions and partial exemptions for minors working in agriculture. The general rules for minor employees still apply to jobs in agriculture, there are just more exemptions and allowances PaperworkEmployers should verify the age of all minors in their employ. You should obtain an age certificate issued by the Wage and Hour division of the Department of Labor to comply with federal law. Some states may also require either the employer or the minor to obtain work permits through the state’s Department of Labor. Business Lawyer Free ConsultationWhen you need legal help about hiring minors in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/hiring-minors-law/
0 Comments
Leave a Reply. |
About MeIn 2009 I was creating marketing channels for barbie dolls in Nigeria. Spent a weekend implementing dogmas in Naples, FL. Won several awards for writing about toy trucks in Mexico. Spent 2001-2007 analyzing deodorant in Pensacola, FL. Spent 2001-2004 researching heroin in Miami, FL. Enthusiastic about writing about clip-on ties in Naples, FL. Archives
June 2019
Categories |