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Ensure Compliance with Wage and Hour Laws When Hiring Teens for Summer Positions

As you hire teens for summer positions, it’s crucial to ensure compliance with wage and hour laws. Join them on May 21 for a free webinar about child labor laws and tips to keep teen workers safe. Here’s an overview of some topics that will be reviewed during the webinar.

Age, Hours Restrictions

In Minnesota, teens can start working at 14 years of age except as a newspaper carrier (at least 11), in agriculture (at least 12 and with parent consent), as an actor/model or a youth athletic program referee (at least 11 and with parent consent).

Minors under 16 can’t work before 7 a.m. or after 9 p.m., over 40 hours a week or more than eight hours in a day. They also can’t work during school hours unless they have permission from the school district superintendent and federal law.

Age, Hours Restrictions

Minimum Age

Fourteen is the minimum age of employment in Minnesota, except as:

a newspaper carrier (at least 11 years of age);

in agriculture (at least 12 years of age and with parental/guardian consent);

an actor, actress or model; or

a youth athletic program referee (at least 11 years of age and with parental or guardian consent).

Age and Hours of Work

Workers Under the Age of 16 May Not Work
A minor less than 16 years of age may not work:

before 7 a.m. or after 9 p.m.* with the exception of a newspaper carrier;

more than 40 hours a week or more than eight hours in a 24-hour period*, except in agriculture;

on school days during school hours, unless an employment certificate has been issued by the school district superintendent (see Minnesota Statutes 181A.05) and the worker is allowed to work during school hours under federal law.

*During the school year, federal law restricts hours worked to no later than 7 p.m., no more than three hours a day and not more than 18 hours in a week.

Workers Age 16 or 17
By state law, 16- and 17-year old high school students may not work after 11 p.m. on evenings before school days or before 5 a.m. on school days. With written permission from a parent or guardian, these hours may be expanded to 11:30 p.m. and 4:30 a.m. No other limit is set for the hours that 16- and 17-year-olds can work. High school graduates who are 17 years old do not have work hour restrictions.

State and Federal Child Labor Laws
Employers are generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA). Certain Minnesota child labor laws are more protective than federal law and vice versa. Employers covered by both Minnesota child labor laws and the federal FLSA must follow the most protective provisions that apply to their employees. Visit www.dol.gov/agencies/whd/child-labor for more information about federal child labor law.

For More Information
Contact Department of Labor and Industry at [email protected], 651-284-5075 or 800-342-5354.

Prohibited Work for Workers Under 18 Years of Age

Teens under 18 can’t work with certain hazardous materials, operations or machines, such as construction projects, high window washing or painting or use power-driven machines.

They also can’t work with alcohol in places where it’s consumed, with some exceptions. Also, teens under 16 can’t do certain types of work.

Prohibited Work for Workers Under Age 18

The commissioner of the Department of Labor and Industry has established some occupations as hazardous for workers under the age of 18. Additionally, there is work that is prohibited for minors under the age of 16.

Those under the age of 18 are prohibited from the following work.

Hazardous Materials

where chemicals or other substances are present at excessive temperatures or in injurious, explosive, toxic or flammable quantities;

or where explosives or fireworks are manufactured, stored, handled or fired.

Hazardous Operations, Machinery

on construction or building projects of any size;

in or around logging or lumbering operations; paper, saw, lathe and shingle mills; mines, quarries and sand or gravel pits; construction or building projects; and ice harvesting operations;

in building maintenance, window washing, painting or repair higher than 12 feet above ground or floor level using ladders, scaffolding, safety belts, outside vertical conveyors or similar equipment;

in oxy-acetylene or oxy-hydrogen welding;

operating or assisting in the operation of power-driven machinery, such as forklifts, meat saws and grinders, milling machines, punch presses, press brakes and shears, and woodworking machinery; and

operating any non-automatic elevator, lift or hoisting machine.

Liquor

serving, dispensing or handling intoxicating liquors that are consumed on the premises; and

working in rooms where liquor is served or consumed, with the following exceptions:

16-year-olds may perform busing, dishwashing or hosting duties in a restaurant where the presence of intoxicating liquors is incidental to food service and preparation, and

16-year-olds may provide musical entertainment in a restaurant where the presence of intoxicating liquors is incidental to food service and preparation.

Note: Department of Public Safety liquor-control laws prohibit serving or selling intoxicating liquor in a retail liquor establishment by minors less than 18 years of age.

Tobacco

There is no state restriction on age for selling tobacco products. Check the local ordinance for the location of the operation.

Transportation

on boats or vessels used for commercial purposes, except if performing guide or other non-operational duties;

driving buses, cabs or other passenger-carrying vehicles as a driver; and

in certain railway occupations.

Other Limitations

in aerial or other acrobatic acts; and

as a lifeguard, except for a minor with a Red Cross lifesaving certificate who works with uninterrupted adult supervision.

Exceptions to The Prohibited-Work Limitations

Exceptions to prohibited-work limitations include:

a 17-year-old high school graduate;

a minor employed by a business solely owned and daily supervised by one or both parents; and

a minor employed at tasks away from or outside the area of hazardous operation, equipment or materials.

Prohibited Work for Workers Under Age 16

The commissioner of the Department of Labor and Industry has established some occupations as hazardous or detrimental to the well being of workers under the age of 16. Additionally, there is work that is prohibited for all workers under the age of 18.

Those under the age of 16 are prohibited from the following work.

Agriculture

any agricultural operation declared by the U.S. Secretary of Labor to be particularly hazardous for employment of children less than age 16.

Machinery, Operations

operating or assisting in the operation of machinery;

operating laundry, rug cleaning or dry-cleaning equipment;

operating power-driven snowblowers, lawn mowers or garden equipment;

operating drill presses, milling machines, grinders, lathes and portable power-driven machinery such as drills, sanders, and polishing and scrubbing equipment for floor maintenance;

operating meat slicers, textile-making machines or bakery machinery;

oiling, cleaning or maintaining any power-driven machinery;

using pits, racks or lifting apparatus at service stations or in mounting tires on rims; and

in a car wash to attach cars to or detach them from mechanized conveyor lines or to operate or contact the car while it is connected to the conveyor.

welding;

as a loader or launcher for skeet- or trap-shooting;

in a manufacturing or commercial warehouse; and

in a processing plant.

Transportation

in or around an airport landing strip and maintenance aprons; and

as an outside helper on a motor vehicle.

Other limitations

lifting, carrying or caring for patients in hospitals or nursing homes; and

in walk-in meat freezers or meat coolers, except for occasional entrance.

Exceptions to the Prohibited-Work Limitations

Exceptions to the prohibited-work limitations include:

a minor employed by a business solely owned and daily supervised by one or both parents; and

a minor employed at tasks away from or outside the area of hazardous operation, equipment or materials.

State and Federal Child Labor Laws

Employers are generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA). Certain Minnesota child labor laws are more protective than federal law and vice versa. Employers covered by both Minnesota child labor laws and the federal FLSA must follow the most protective provisions that apply to their employees. Visit www.dol.gov/agencies/whd/child-labor for more information about federal child labor law.

Minnesota Child Labor Standards Attorney

The Minnesota Child Labor Standards Act restricts the age, days and hours, and occupations of working minors. Minn. Stat. §§ 181A.01 to 181A.12. The Commissioner of Labor and Industry may grant exemptions from these restrictions if the commissioner finds that the exemption is in the minor’s best interests. Minn. Stat. § 181A.07, subd. 5. Employment of minors also is governed by federal law which may differ from the Minnesota law described here.

Age Restrictions

No minor under the age of 14 may be employed, except: (1) a minor may be an actor, performer, or model; (2) those 11 and older may be newspaper carriers; (3) those between the ages of 11 and 14 may be employed as a youth athletic program referee, umpire, or official for an age bracket younger than the minor’s own age; and (4) those 12 and older may work in agricultural operations. Minn. Stat. §§ 181A.04, subd. 1; 181A.07, subds. 1, 2, 3, and 4a

Day and Hour Restrictions

On school days during school hours, no minor under 16 years may be employed except with a valid employment certificate. Minn. Stat. §§ 181A.04, subd. 2; 181A.05

No minor under 16 may work any day before 7:00 a.m. or after 9:00 p.m. except as a newspaper carrier. Minn. Stat. §§ 181A.04, subd. 3; 181A.07, subd. 3

No one may employ a minor under 16 more than 40 hours per week or more than eight hours in any 24-hour period, except for minors working in agricultural operations with their parents’ or guardian’s permission. Minn. Stat. §§ 181A.04, subd. 4; 181A.07, subd. 1

No one may employ a high school student under age 18 after 11:00 p.m. on a school night or before 5:00 a.m. on a school day. With written permission of a parent or guardian, a student may work one-half hour later or begin one half-hour earlier. Minn. Stat. § 181A.04, subd. 6

Occupation Restrictions

All minors may be excluded from employment in any occupation that the Commissioner of Labor and Industry finds by rule hazardous to their well-being. Minn. Stat. § 181A.04, subd. 5. The commissioner also has the power to exempt an individual minor from this restriction. Minn. Stat. § 181A.07, subd. 5

Minors under age 18 are prohibited from employment in any rooms in which intoxicating liquor or 3.2 percent malt liquor is served or consumed or in any tasks that involve serving, dispensing, or handling of those liquors that are consumed on the premises except under the following conditions:

a minor at least 16 years of age can be employed to perform busing, dishwashing, or hosting services in areas of restaurants, hotels, motels, or resorts where the presence of intoxicating liquor is incidental to food service or preparation
a minor at least 16 years of age can be employed to perform busing, dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas where the presence of 3.2 percent malt liquor is incidental to food service or preparation
a minor at least 16 years of age can be employed to provide musical entertainment in those rooms or areas where the presence of intoxicating liquor and 3.2 percent malt liquor is incidental to food service or preparation.

Minors are not prevented from working at tasks not prohibited by law in establishments where liquor is sold, served, dispensed, or handled in those rooms or areas where no liquor is consumed or served. Minn. Stat. § 181A.115

Child Labor Exemptions. Minors employed to do home chores, babysitting, or by their parents are exempt from the above child labor restrictions. Minn. Stat. § 181A.07, subd. 4

Federal law provides that minors under age 16, working in particularly hazardous agricultural work for their parents, are exempt only if they work on a farm owned or operated by the parent. 29 U.S.C. § 213(c)(2); Minn. Stat. § 181A.11

Contact an attorney in this area

Archive January 2012

Work Hours for Minors

Minors, under the wage and hour laws, are those individuals who have not yet attained age 18. There is quite a disparity between federal and state laws in this area of law and employers are encouraged to consult legal counsel.

Minors Under 14

Minors under 14 are not permitted to work in Minnesota except in limited occupations (babysitting, newspaper delivery, agricultural operations, youth athletic referees, etc.). (See footnote 121.)

Minors Under 16

Minors under 16 may not work before 7 a.m. or after 9 p.m. on any day. They may not work more than 8 hours per day or 40 hours in a week.

High School Students

High school students under age 18 are restricted from working after 11 p.m. the night before a school day and before 5 a.m. on a school day subject to limited exceptions. If the minor age 16 or 17 obtains a note of permission from a parent or a guardian, the student may be permitted to work until 11:30 p.m. before a school day and begin at 4:30 a.m. on a school day. (See footnote 122).

Both federal and state law have unique restrictions that should be carefully reviewed. Employment certificates may be obtained to permit limited exceptions.

Certain types of employment may be prohibited completely for minors under 16, or severely restricted for minors under 18. When a Minnesota employer seeks to hire a minor, legal counsel should be consulted concerning whether the minor can legally perform the job in question. (See footnote 123.)

Age Certificates

Employers must require minors to provide proof of age through a copy of the minor’s age certificate, birth certificate, copy of the minor’s driver’s license, or a Form I-9. (See footnote 124.)

Employers also may rely upon state or federal age certificates for their minor employees, usually completed by the minor’s school. The age certificate ensures that the minor is in fact the age he represents himself to be, and the employer is entitled to rely upon this certification. Age certificates, therefore, protect employers from unwitting violation of child labor laws. (See footnote 125.)

Penalties for Employers

Employers are subject to minimum wage and overtime laws and penalties for the employment of minors and to specific additional penalties for violations of the child labor laws.126 Caution: disparities exist between federal and state child labor laws. Employers should check all applicable laws.

CREDITS: The content of this and any related posts has been copied or adopted from An Employer’s Guide to Employment Issues in Minnesota, provided by the Minnesota Department of Employment and Economic Development & Linquist & Vennum P.L.L.P., Tenth Edition, 2009. Copies are available without charge from the Minnesota Department of Employment and Economic Development, Small Business Assistance Office.

This post is also part of a series of posts on Minnesota wage and hour issues.

118. 29 C.F.R. § 541.600 (a) (2007).
119. 29 C.F.R. § 541.602 (2007).
120. 29 C.F.R. § 541.602 (b) (7) (2007); 29 C.F.R. § 825.206 (2007).
121. Minn. Stat. § 181A.07 (2007).136
122. Minn. Stat. § 181A.04, subd. 6 (2007).
123. Minn. Stat § 181A.04 (2007); 29 C.F.R. § 570.122 (2007).
124. Minn. Stat. § 181A.06, subd. 1 (2007).
125. 29 C.F.R. § 570.121 (2007).