If you’re thinking of hiring teenagers this summer, you need to be
aware of the special wage and hour rules that apply to youth workers. Here’s a
rundown on what
employers should know to keep teen workers safe and to avoid child labor law
violations, which carry steep penalties.
Which Jobs Are Forbidden?
Under state and federal law, teens can’t work in hazardous jobs.
In particular, all teens are barred from working in certain industries,
including meat packing, mining, logging, roofing, demolition, and pipe or brick
manufacturing. You can also find yourself in hot water if you permit minors to
work around explosives; radioactive materials; or power equipment used for baking,
meat slicing, woodworking, hoisting, or metal formation.
You can’t allow teens under age 17 to drive on public streets for
work purposes. Seventeen-year-olds may drive but with certain restrictions,
including that the driving be during daylight hours and amount to no more than
one-third of the youth’s work time in a day or 20 percent in a week. If your
young workers drive as part of their job, note that as of July 1, 2008, it will
be illegal for individuals under age 18 to drive a motor vehicle while using a
cell phone, even with a handsfree device. The ban includes driving while using
a broadband personal communication device, a specialized mobile radio device, a
pager, a two-way messaging device, or a handheld device or laptop computer with
mobile data access, but it doesn’t apply if the teen has to make an emergency
call.
Minors under age 16 can’t work in industries such as building
construction, public utilities, storage warehousing, public communications,
transportation, and manufacturing. Other off-limits jobs include operating farm
machinery; working from high scaffolds or ladders; or dealing with dangerous
animals, large timber, hazardous storage areas, manure pits, or chemicals. In
addition, child labor laws prohibit 14- and 15- year-olds from working jobs
such as retail or foodservice positions that involve working around boilers or
engineering rooms, operating or maintaining power equipment, washing windows
using ladders, loading and unloading goods, or using freezers and coolers.
If your young workers drive as part of their job, note that as of July 1, 2008, it will be illegal for individuals under age 18 to drive a motor vehicle while using a cell phone, even with a hands-free device
Limits on Work Hours
Don’t make the common mistake of not adhering to the labor law
provisions governing when teens can work. Keep these rules in mind as you
monitor your young staffers’ work:
Work hours for 14- and 15-year-olds. Minors generally must be at least 14 years old to work, except in some
entertainment and agricultural jobs. From June 1 to Labor Day, 14- and
15-year-olds’ work hours are capped at a maximum of eight hours per day and 40 hours
per week, but these youngsters can’t work before 7:00 a.m. or after 9:00 p.m.
The rules are stricter when school is in session: These teens may not work more
than three hours on school days, eight hours on nonschool days, 18 hours per
week, or before 7:00 a.m. and after 7:00 p.m.
Work hours for 16- and 17-year-olds. When school is out, those in this age group can work up to eight hours
per day and 48 hours per week, and you must pay any overtime according to the
rules for adults. With a few exceptions, work hours must be between 5:00 a.m.
and 10:00 p.m., but during the summer months or on evenings before a nonschool
day, these teens can work as late as 12:30 a.m. When school is in session,
limits hours worked to four per school day and eight on nonschool days or on a
school day preceding a nonschool day.
Other Notable Rules
1. Wages. The adult
minimum wage and overtime pay requirements apply to minors. (But remember, teens under age 16 can’t work
overtime.) However, in some cases, minors can be paid a subminimum wage of
$6.80 per hour, based on the current
minimum wage of $8 per hour.
2. Work permits. Except
in limited situations, all minors under age 18 must have a permit to work in
minor’s parents must complete a work permit application that the youngster then
submits to his or her school. From there, the local school district handles the
paperwork and mails you a permit to employ, which you must keep on file and
available for inspection by school and labor officials. There are special
permits for students who work only during the summer months.
3. Special situations. Special
rules come into play for agricultural employers, door-to-door sales, and situations
in which the parent is the employer.
4. Other requirements. Like
your adult workers, minors have the usual employee rights, such as rest periods,
workers’ comp coverage, and statements of paycheck deductions. And, you must
maintain separate records for the minors you hire.
Online Resources
The Young Workers’ Health and Safety website, www.youngworkers.org/index.html,
has additional information on child labor laws, and you can find more resources
on the state Department of Industrial Relations Young Workers’ Program website,
at www.dir.ca.gov/YoungWorker/YoungWorkersMain.html.
You can also download the
labor commissioner’s publication, “Child Labor Laws,” at www.dir.ca.gov/dlse/DLSE-CL.htm.