Last Updated on May 22, 2024 by G. T. HR
Child labor laws in the United States are designed to safeguard the educational opportunities and health of minors. The Fair Labor Standards Act (FLSA) administers the laws that regulate hiring minors at the federal level, ensuring minors are not employed under conditions detrimental to their well-being. Here’s a comprehensive overview of the key provisions:
Table of contents
- FLSA Coverage and Scope
- Age-Based Work Restrictions
- Prohibited Occupations
- Recordkeeping and Compliance
- Penalties and Sanctions
- State-Specific Requirements When Hiring Minors
- Resources and Compliance Assistance For Hiring Minors
- Stay Compliant When Hiring Minors
- How MyHRConcierge Can Help
FLSA Coverage and Scope
The FLSA’s child labor provisions apply to enterprises engaged in interstate commerce or producing goods for such commerce, with a few specific exceptions. Most notably, businesses with an annual revenue of at least $500,000 must comply. Certain institutions, including hospitals, schools, and government agencies, are covered regardless of revenue.
Age-Based Work Restrictions
When hiring minors, employers must follow the FLSA’s specific regulations on when they can work and what jobs they can perform as noted below:
- 18 and Older: No restrictions on jobs or hours.
- 16 and 17: Permitted to work any non-hazardous job without hour restrictions.
- 14 and 15: Allowed to work in specified non-manufacturing, non-mining, non-hazardous jobs with the following restrictions:
- No more than three hours on a school day, 18 hours in a school week, eight hours on a non-school day or 40 hours in a non-school week.
- May not begin work before 7 a.m. or work after 7 p.m., except from June 1 through Labor Day, when evening hours are extended until 9 p.m.
Prohibited Occupations
The Secretary of Labor has found that certain jobs are too hazardous for anyone under 18 years old to perform. There are also additional restrictions on where and in what jobs 14- and 15-year-olds can work. You can find detailed descriptions of these prohibited occupations on the Department of Labor website HERE.
Recordkeeping and Compliance
Employers must maintain records of minors’ birth dates, work hours, and job details. Compliance with these regulations involves posting mandatory notices and keeping accurate employee records. Violations can lead to substantial fines and legal actions.
Penalties and Sanctions
Employers face a civil monetary penalty of up to $11,000 per worker for each child labor law violation. For violations after May 21, 2008, resulting in the death or serious injury of a minor employee, the penalty is $50,000, which can double to $100,000 for willful or repeated violations. Employers can file an exception to the penalty determination within 15 days of receiving notice, leading to a hearing by an Administrative Law Judge (ALJ). Decisions by the ALJ can be appealed to the Department of Labor’s Administrative Review Board. If no exception is filed within 15 days, the penalty becomes final.
Additionally, willful violations can incur a criminal fine of up to $10,000. A second willful violation can lead to a fine of up to $10,000 and/or imprisonment for up to six months. The Secretary of Labor may also seek injunctions to prevent violations of the Act.
State-Specific Requirements When Hiring Minors
Child labor laws when hiring minors can vary significantly by state, with some states imposing stricter regulations than federal law. Employers must adhere to the stricter standard between state and federal laws. Key variations include maximum daily and weekly hours, nightwork restrictions, and specific exemptions. You can find a summary of selected state child labor standards HERE.
It is important that employers stay informed of the specific regulations in their state to ensure compliance and avoid the risk of substantial penalties.
Resources and Compliance Assistance For Hiring Minors
The Department of Labor offers various tools and resources to assist employers in complying with child labor laws. These include the Fair Labor Standards Act (FLSA) Child Labor Rules Advisor, detailed recordkeeping fact sheets, and industry-specific compliance materials.
Stay Compliant When Hiring Minors
Child labor laws are vital in ensuring the safety and well-being of minors in the workforce. Employers must navigate both federal and state-specific regulations to comply fully. Understanding these laws not only protects young workers but also shields businesses from potential legal issues and fines. By staying informed and adhering to the stricter standards of state or federal law, employers can contribute to a safer, more ethical workplace.
How MyHRConcierge Can Help
MyHRConcierge can help employers stay compliant when hiring minors by providing tailored HR solutions and guidance. By leveraging MyHRConcierge’s expertise, employers can ensure they adhere to all legal requirements, avoid costly fines and create a safe work environment for young employees. Contact us today at 855-538-6947 ext 108, ccooley@myhrconcierge.com or schedule a convenient consultation below:
FAQs
Yes, it is legal to run a background check on a minor. Just like conducting any background check, screening minors requires the employer to follow the Fair Credit Reporting Act (FCRA). The only difference is regarding the authorization and disclosure forms.
Do employers check minors? ›
Yes, it is legal to run a background check on a minor. Just like conducting any background check, screening minors requires the employer to follow the Fair Credit Reporting Act (FCRA). The only difference is regarding the authorization and disclosure forms.
How many hours can a minor work in NJ in the summer? ›
Minors under 16 are not allowed to work more than 40 hours per week. Workers ages 16 and 17 may work up to 50 hours per week during the period between the last day of the school year until Labor Day.
How many hours can a minor work in NY? ›
Minors under 18 may not work more than 8 hours a day, 6 days a week. Minors 14 and 15 may not work more than 40 hours a week. 16 and 17 year-olds may not work more than 48 hours a week.
What is the minimum wage in New Jersey for minors? ›
In New Jersey, minors under 18 are typically exempt from the state's minimum wage. However, there are several exceptions, including certain types of occupations like mercantile, food service, beauty culture, and light manufacturing.
Do minors show up on diplomas? ›
A student's minor does not usually appear on their diploma. Instead, the diploma lists the major and the date the graduate earned their degree. That said, college transcripts do list minors.
Do hiring managers look at minors? ›
Most hiring managers don't look for specific minors (or even majors, in many cases) when evaluating job applicants. That said, employers do care a lot about breadth and depth of learning, according to a 2021 survey from the American Association of Colleges and Universities.
What are the child labor laws in New Jersey 2024? ›
Minors 16 and 17 years of age
They may work between the hours of 6 a.m. and 11 p.m. On Fridays and Saturdays or days not followed by a school day, they may work between the hours of 6 a.m. and midnight. In restaurants and seasonal amusements, they may work until 3 a.m. with written permission from a parent.
Is it illegal to work 8 days in a row in New Jersey? ›
There are no requirements set out in federal or New Jersey laws stating that employees should receive a specific amount of time off between consecutive shifts. However, certain regulated industries impose limitations on daily working hours or require a designated period of rest between shifts.
What is the youngest age to work in New Jersey? ›
General Employment: Includes 14 years old 3 hours per day, 18 hours per week 14 & 15 years Employment mercantile establishments, when school is in session.
As a general rule, the FLSA sets 14 years old as the minimum age for employment, and limits the number of hours worked by minors under the age of 16.
What are some other things that a 14-15 year old cannot do at work? ›
You may not work in processing, mining, in any workroom or workplace where goods are manufactured or processed, in freezers, or in meat coolers. You may not operate or tend any power-driven machinery, except office machines. You may not perform any baking operations.
Is there a 4 hour minimum shift in NY? ›
In the non-hospitality industry, employers must pay a minimum of 4 hours or the scheduled shift hours, whichever is less, at the standard minimum wage when requesting an employee to report for work, regardless of actual work performed.
What is considered minor work in NJ? ›
Minor work shall also mean and include new electrical work incidental to the installation of air conditioning, equipment, clothes dryers, and ranges or ovens in one and two-family dwellings; the installation of five or fewer outlets where existing circuits and/or available space for circuits and service are adequate to ...
Is 32 hours full time in NJ? ›
For purposes of this calculation: a) Employees working 30 or more hours per week are full-time employees and each full-time employee counts as 1; b) Employees working fewer than 30 hours per week are part-time and counted as the sum of the hours each part-time employee works per week multiplied by 4 and the product ...
How many vacation days are required by law in NJ? ›
In New Jersey, there are no laws requiring employers to provide their employees with either paid or unpaid vacation time. This allows companies to create their own vacation policies, including paid time off, or paid holidays.
Can employers verify your age? ›
The Employment Eligibility Verification Process, typically involving the Form I-9, is a fundamental mechanism used by employers to verify the age and eligibility of their employees to work in the United States.
Is it worth it to have two minors? ›
While a double minor appears on a student's transcript, experts say it's not the standout point on a resume to an employer. "If a student is looking to land a job in a particular field, a minor typically won't help significantly," Maurantonio says.
Is graduating with a minor worth it? ›
Minors are helpful for students who know what they want to do in their career, Alvarez says, as a minor “helps to hone some of those adjacent skills.” However, Alvarez says it's important for students to remember that they're not pigeon-holed professionally by their major or minor.
Do minors go on your resume? ›
Relevant minors on a resume can add value
At the end of the day, including a minor on your resume is a personal choice. While minors may not be the most important information to include in your resume, they can often help to enhance your qualifications and give you the edge you need in a competitive hiring environment.