Hiring Summer Help

By John Lowe

Despite the current weather, summer will soon be upon us and a large percentage of companies will add young people to their payrolls. While bringing in student-age adults to the workplace is almost always beneficial to both parties, companies should be familiar with the litany of child labor regulations before committing themselves to hire a minor. Both federal and state statutes and regulations govern who, where and when employees under 18 years of age can work.

The Fair Labor Standards Act (FLSA) created a minimum working age of 16, but requires a minimum age of 18 for occupations that the Department of Labor lists as "hazardous for the health or wellbeing" of 14 to 17 year olds. With certain exceptions, children under 14 years of age are prohibited from working. The FLSA provides that states may enact more restrictive rules on the employment of minors, and Ohio, like most states, has some such regulations.

While the regulations are too lengthy to discuss in detail here, determining whether a specific occupation is prohibited is generally not a long or difficult process. For instance, 16 and 17 year olds are prohibited from doing a host of occupations related to roofing, excavating, meatpacking and the operation of power-driven tools and baking machines. There are more exhaustive lists of work that cannot be performed by 14 and 15 year olds, including manufacturing operations, tending any power driven machines, work in warehouses, boiler rooms, kitchens or as window washers.

For minors of school age, companies must obtain and have on file an age and schooling certificate issued by the minor's school district. These certificates are generally issued after the company completes a form required by the school district. Certificates are not required for 16 and 17 year olds working during the summer, but they must present (1) proof of age and (2) a statement acknowledging the employment signed by their parent or guardian.

When school is not in session, 16 and 17 years olds can be employed beginning at 6:00 A.M. if he or she did not work after 8:00 P.M. the previous night. Minors age 14 and 15 cannot be employed before 7:00 A.M. during the summer. More onerous rules apply during the school year.

Minors may not work more than five consecutive hours without a 30-minute rest or meal period. Companies are not, however, required to pay for the rest/meal period.

A company employing minors must post in a conspicuous place for employees to see, the child labor laws and a list of all the minors it employees. Most employment law posters companies should already maintain contain the child labor laws, and companies can generally post next to the poster a list of the minors it employs.

At the time of hiring, a company must provide a written statement to the minor setting forth their pay rate. Each time their rate of pay is changed, a new statement must be provided to the minor. Companies must also keep a record of each minor's name, address, occupation, number of hours worked each day, and the beginning and ending time of each workday, meal and rest period, as well as the wages paid each pay period. Generally, time cards and typical payroll records will pass muster for all of these requirements, although some companies' records do not list breaks and meal periods.

While employing students can be a great experience for the student, other employees and the employer, companies are well served to ensure they are in compliance with the various regulations relating to the employment of minors.