Law limits teens? work activity, hours

Schools have adjourned for summer break, businesses are welcoming students into the ranks for temporary jobs, and employers again are faced with relatively unfamiliar rules and regulations governing youth employment.

Given the hazards of the modern workplace, special care is required not only to protect minor workers but also to comply with state and federal laws that regulate child labor.

It is especially important for employers to pay attention to federal laws given that the United States Department of Labor, which enforces the Fair Labor Standards Act, takes a dim view of employers that violate child labor provisions.

Employers should be aware that the department investigates alleged child labor violations aggressively and is authorized to fine employers up to $11,000 per violation.

According to the National Institute for Occupational Safety and Health, more than 3 million people under 18 in the United States work during an average summer and nearly 200,000 suffer job-related injuries annually — with more than 50,000 requiring emergency room treatment.

The Fair Standards Labor Act, which regulates hours and working conditions for teens, contains provisions designed to protect youth from the hazards of the workplace. Numerous restrictions and conditions in the act apply to employers hiring teens for summer work.

Employees who are 14 or 15 are permitted to work outside of school hours in certain jobs, provided their hours are limited to three hours on school days, 18 hours per school week, eight hours on a nonschool day, and 40 hours in a nonschool week.

Employees in this age group may only work between 7 a.m. and 7 p.m. From June 1 through Labor Day, employers may extend teen working hours until 9 p.m.

Although 14- and 15-year-olds may hold a variety of jobs, including positions in offices, grocery stores, retail stores, restaurants, movie theaters, baseball parks, amusement parks, and gas stations, they are prohibited from working in other capacities. Prohibited positions for this age group include: communications or public utilities jobs; construction or repair jobs; driving a motor vehicle or helping a driver; manufacturing; mining and processing; operating power-driven hoisting apparatuses or machinery; public messenger jobs; transporting persons or property; and warehousing and storage.

Employees who are 16 or 17 years old are less regulated. Under the FLSA, workers in this group may be employed for unlimited hours in any occupation other than those declared hazardous by the secretary of labor (which include manufacturing or storing explosives; most driving; mining; logging and sawmilling; operating most power-driven slicing machines in retail stores and restaurants; wrecking, demolition, and ship-breaking operations; roofing; excavation; and jobs that expose workers to radioactive substances).

According to the Department of Labor, employers can keep their minor employees safe and comply with the law by following a few simple steps.

Conduct audits

Employers should run compliance checks to ensure child labor laws are followed. Self-assessment tools for grocers and restaurants are available from the department. Employers should check the department website for details.

Train managers

Make sure to include youth employment laws and company policies regarding the employment of teens in training and orientation seminars for managers.

Teen safety training

The Department of Labor suggests providing a worksheet for youths to complete as part of initial training to assess and verify their awareness of what equipment is off limits to them and what hours they can work.

By taking these steps, businesses can be better prepared to manage young workers and avoid possible problems in the future.

John J. Balitis Jr. is an attorney with the law firm Fennemore Craig, which has offices in Denver, Nevada and Arizona. He can be reached at 602-916-5316 or email jbalitis@fclaw.com.

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