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When employing minors, it’s crucial to be aware of the labor laws designed to protect their health, safety, and education while also allowing them to gain valuable work experience. These regulations can differ by state, county, and industry, requiring employers to pay close attention during the hiring process, onboarding, and throughout employment. Below are key guidelines that generally apply and will help you stay compliant with labor laws.
Types of Work Minors Can and Cannot Do
What Minors Can Do:
- Non-Hazardous Jobs: Minors are permitted to work in non-hazardous, non-manufacturing, and non-mining roles. Common positions include:
- Retail jobs (cashiers, salespeople)
- Food service jobs (waitstaff, dishwashers)
- Light office work (clerks, file organizers)
- Retail jobs (cashiers, salespeople)
- Work Hours for Minors: The number of hours a minor can work is often restricted based on age. For instance:
- Minors under 16 may be limited to working 3 hours on school days and up to 18 hours during school weeks.
- During summer or breaks, they may be permitted to work longer hours.
- Minors under 16 may be limited to working 3 hours on school days and up to 18 hours during school weeks.
What Minors Cannot Do:
- Hazardous Work: Minors under 18 are prohibited from working in hazardous jobs, such as those in construction, heavy manufacturing, or operating dangerous machinery, due to the risks involved.
- Work During School Hours: Minors are generally not allowed to work during school hours unless they are part of a work-study program.
- Excessive Hours: There are limits on the total number of hours worked per week. For example:
- Minors may not work more than 40 hours per week during the summer or more than 18 hours per week during the school year (this can vary by state).
- Minors may not work more than 40 hours per week during the summer or more than 18 hours per week during the school year (this can vary by state).
Working Papers and Permits
What Are Working Papers?
- Working papers (also known as work permits or employment certificates) are documents that legally authorize minors to work. They ensure that the minor’s employment complies with state labor laws.
- In some states, minors under the age of 16 or 17 must obtain working papers before being employed.
Who Holds the Working Papers?
- Minors: The working papers are issued to the minor seeking employment and must be kept by the minor while employed. They must present the working papers to their employer before starting work.
- Employers: Employers are usually required to keep a copy of the working papers on file as proof of the minor’s eligibility to work.
- Parents/Guardians: In some cases, parental consent is required for a minor to apply for working papers. Parents may also need to sign documents confirming their approval of their child’s work, particularly if the minor is under 16.
How Minors Obtain Working Papers:
- Parental Consent: Minors typically need consent from a parent or guardian to apply for working papers.
- School Involvement: In many states, working papers are obtained through the minor’s school district. This process may include completing a form that provides the minor’s age, the type of work, and hours.
- Health and Safety Standards: Employers may need to verify that the minor’s work complies with safety standards. Some states require a medical exam or a doctor’s statement.
Types of Permits:
- General Work Permit: For minors working in non-hazardous jobs.
- Limited Work Permit: For minors allowed to work in certain jobs or industries under specific conditions.
- Agricultural Work Permits: Some states require specific permits for minors working in agriculture.
Industries Most Affected by Working Papers
- Retail: Many minors work in retail roles, such as cashiers or stock clerks, which require working papers.
- Food Service: Minors often work in restaurants, cafes, or fast-food establishments as servers, dishwashers, or cooks. These jobs also require working papers.
- Entertainment & Performing Arts: Minors working in film, television, or theater productions are subject to special labor laws and work permits.
- Agriculture: Minors can work on farms in some states, but agricultural work permits are necessary. Certain tasks, like operating machinery, are still restricted.
- Office Jobs: Minors can work as clerks or assistants in office settings, but their hours and tasks are regulated.
Special Provisions for Minors
- Breaks and Rest Periods: Many jurisdictions require minors to be given breaks during their shifts to prevent overwork or strain.
- Schooling and Work: In most cases, minors must continue their education while working. If they drop out or fail to attend school regularly, they may lose their eligibility for a work permit.
- Supervision: Minors under 16 are often required to have supervision during work shifts.
Exceptions: Jobs Not Requiring Working Papers
Minors do not need working papers for certain jobs, including:
- Caddying
- Babysitting
- Casual household chores or yard work at home or for a non-profit organization
Partnering with a Professional Employer Organization (PEO)
Navigating the complexities of labor laws and working papers can be challenging for employers. Partnering with a Professional Employer Organization (PEO) like Pinnacle Employee Services can help ensure compliance with these intricate regulations. A PEO can:
- Minimize legal risks
- Simplify administrative tasks
- Provide expert guidance on minors’ labor laws
- Save time and resources by managing documentation and employment practices
By leveraging the services of a PEO, employers can manage the unique aspects of employing minors while maintaining a legally compliant, efficient workforce. Contact us today to speak with a labor compliance expert.