With most students out of school, or about to finish classes for the summer, now is the time many teenagers begin to look for summer work. Typically these workers find jobs in retail, in the restaurant and hospitality industry, at summer camps, and even in an administrative capacity. Whatever the role, when employing workers under the age of 18, the child labor provisions of the Fair Labor Standards Act (FLSA) must be strictly followed. In addition to child labor, the FLSA, also known as the wage and hour law, regulates minimum wage, overtime, equal pay, and recordkeeping practices.

Child labor laws are intended to protect the health, safety, and well-being of minors. Specifically, these laws govern permissible work ages, pay, hours, and the types of work children under the age of 18 are permitted to perform.

Below are the considerations you should make prior to hiring a minor:

1. Minimum age. The FLSA child labor provision applies to workers under the age of 18. But for a few exceptions, the minimum lawful employment age established by the FLSA is fourteen. Those performing work in agriculture, newspaper delivery, acting and performing, or those employed by their parents are permitted to work if under the minimum age of fourteen.
2. Age verification. While federal law does not require minors to obtain work permits, many states do. Check your state child labor laws to be sure of the requirements for your state. The Department of Labor recommends employers obtain an age certificate issued by the Wage and Hour division and most states consider a birth certificate to be acceptable proof of age. Whatever the document, be sure to include it within the employee’s personnel file.
3. Pay. All employees, including minors, must be paid at least the minimum wage with the following exceptions: opportunity wages and apprenticeship/student learner pay. New hires under the age of 20 may be paid an opportunity wage of $4.25 per hour during the first 90 calendar days of employment. Additionally, the federal wage and hour division may issue special certificates allowing employment at wages below the minimum for apprentices, student learners, and messengers.
4. Hours. The number of hours a minor can work in a given day as well as when he or she can work during the day depends on the minor’s age. Those aged fourteen and fifteen may work only: outside of school hours; for 18 hours during any week in which school is in session; for 40 hours during a week when school is not in session; for 3 hours during any day when school is in session; for 8 hours on a day when school is not in session; and from 7 a.m. to 7 p.m. on any day except from June 1st to Labor Day when the minor may work from 7 a.m. to 9 p.m. There are no federal limits on workings hours for minors ages 16 and 17, however, many states do restrict work hours for these individuals.
5. Types of work. Minors are prohibited from working in dangerous occupations and from performing tasks that present a hazard. Fourteen and fifteen year olds are not permitted to work in construction or repair jobs, operate power-driven machinery, or perform warehouse, manufacturing or mining work. In addition, these workers are prohibited from driving a motor vehicle, assisting a driver, performing public messenger jobs, and transporting persons or property. Other restrictions on the type of work minors are permitted to perform can be found in the Child Labor section of our State & Federal Laws.
6. Safety. Although the restrictions on the types of work minors are permitted to perform are intended to protect these workers from hazards, employers may want to go a step further and create specific safety guidelines and procedures for minors. Consider creating a safety checklist for younger workers that addresses how to use equipment safely, what to do in an emergency situation, and what hazards to stay away from. Even identify hazards with brightly colored stickers and warning signs. Remember that these safety and health procedures shouldn’t solely focus on your younger staff; your entire workforce should be protected by, and aware of, safety protocol.
7. Training. Ensure your managers are aware of child labor laws by conducting training sessions on FLSA and state-specific child labor laws. Managers need to be knowledgeable of permissible work hours for minors and how to create work schedules accordingly. In addition, the types of job duties managers are permitted to assign to minors must also be clarified. In order to be effective, accountability needs be a part of the system. Managers failing to comply with child labor provisions should be subject to disciplinary action.

Although complying with child labor laws may seem like an obstacle, don’t let youth employment requirements intimidate you from hiring qualified summer help. Youths in the workplace typically bring energy and enthusiasm to their jobs and are often a welcome addition to any staff. Just be sure you follow the guidelines outlined above and that you think about an individual’s age as well as company work schedules and safety procedures when bringing a minor onboard.