HR Tip: What to consider when hiring minors this summer

In a recent blog East Coast Risk Management, a member of the Institute of WorkComp Professionals, reminded employers that they must adhere to both federal and state laws when hiring minors this summer. The laws set forth guidance on the hiring process, permissible tasks, working conditions, hour regulations, and required documentation.

The Fair Labor Standards Act (FLSA), the federal law that regulates child labor, mandates 14 as the minimum age for non-agricultural employment. Young teens may be employed outside school hours in various non-manufacturing, non-mining, non-hazardous jobs. However, some exceptions are made for minors under 14 years of age who their parents employ in certain non-hazardous occupations.

Federal law sets no limits on hours worked for anyone aged 16 and up. But the FLSA does set limits for 14- and 15-year-olds - no more than eight (8) hours a day on non-school days, no more than 40 hours per week when school is not in session. According to the FLSA, all employees under 18 in non-agricultural occupations are prohibited from engaging in hazardous activities. The FLSA also addresses the operation of motor vehicles. If you are hiring a worker who will do job-related driving on public roads, that employee must be at least 17 years old, have a valid driver's license, and no moving violations.

Many states have additional laws that may be more or less restrictive than federal law. However, employers must always comply with the most stringent regulations. Common differences are rest and meal breaks, work permits, parental consent, and late-night shift work.

It's critical to stay informed about changes to labor laws as there's been a flurry of activity at the state level, with some states weakening the laws and others strengthening them. Be sure you are displaying the current state poster on child labor laws.

OSHA laws apply to all employees, regardless of age. Employers must provide a safe and healthy work environment, provide adequate safety training to minors in a language they understand, demonstrate tasks clearly, and inform minors about the hazards associated with their work. Employers should develop and implement injury and illness prevention programs. If the minor is placed through an agency, temporary staffing agencies and host employers share control over the employee and are jointly responsible for the temp employee's safety and health. More OSHA information.

Visit the East Coast Risk Management blog for more details.