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 Are
you a small business owner employing
youth?
Small Business and the Young Employee:
Some Frequently Asked Questions
(Prepared by the Federal Network for Young Worker Safety and
Health)
The following Small Business and the Young Employee: Some Frequently
Asked Questions (FAQs) are intended to assist
small business owners
in complying with the various provisions, standards and laws
governing the employment of
youth (those individuals under 18 years
of age). The FAQs are not meant to provide a specific answer to
questions regarding a company's or employee's individual
circumstances. Specific guidance and interpretations of the
applicable provisions, standards and laws should be sought from the
respective government agency with jurisdiction over the identified
area.
The FAQs are arranged into five categories to assist the user in
identifying specific areas where a question may appear. These
categories are: General Information,
Age, Work Hours,
Wages, and
Jobs and Training. Each FAQ has multiple hyperlinks embedded in the
provided response to additional information on the question being
addressed. This is followed by a Related Links section designed to
provide other pertinent information to the small business owner on
compliance issues not specifically addressed in the provided
response.
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Category: General Information
- Question: When hiring a youth, are there specific rules, standards
and laws that I must follow?
Response: Yes, the U.S. Department of Labor (DOL) provides
information and services concerning youth on a variety of
employment-related topics and
laws. Before
hiring a youth, you should
become familiar with the rules, standards and laws concerning young
employees. The DOL maintains a
directory of services by location.
Please
contact the appropriate
DOL agency for further
compliance
assistance.
Some of these
laws may only be applicable to a small business with
greater than 50 employees. Contact the appropriate agency for
clarification.
For questions concerning the child labor laws, contact the Employment
Standards Administration's
Wage and Hour Division (WHD). The Fair
Labor Standards Act (Fair
Labor Standards Act (FLSA)) sets wage, hours worked, and safety
requirements for minors (individuals under age 18) working in jobs
covered by the statute. All states have child labor standards. When
Federal and state standards are different, the rules that provide the
most protection to young workers will apply. The rules vary depending
upon the particular age of the minor and the particular job involved.
As a general rule, the FLSA sets 14 years of age as the minimum age
for employment, and limits the number of hours worked by minors under
the age of 16.
Before you assign a job to a minor, be sure that it is allowed by
law. If you have a specific question regarding the job which you are
hiring a minor to perform, contact the Department's toll-free help
line at 1-866-4US-WAGE (1-866-487-9243) or your local
WHD office.
OSHA's provisions,
standards and regulations refer to employees
regardless of age. OSHA's Small Business
Handbook provides guidance
on several key areas of interest to the small business owner. The
OSHA Compliance Assistance Quick Start
modules are also available. By
following these step-by-step guides, you can identify many of the
major OSHA requirements and guidance materials that may apply to your
workplace. For more specific questions concerning workplace safety
and health, contact the
National Office, or your
Federal or
state
OSHA office.
As a small business owner, you may have questions concerning the
Federal laws that prohibit harassment or discrimination because of
race, color, religion, gender, national origin, age and disability.
Contact the Equal Employment Opportunity Commission (EEOC) for
information about EEO laws,
technical assistance, and training and
outreach opportunities.
Contact the National Labor Relations Board if you have any questions
concerning harassment or discrimination because your employees:
• Engage in group activities with other employees to try to improve
their working conditions, wages, and benefits;
• Engage in union activities;
• Refuse to engage in group activities with other employees, or in
union activities.
The DOL Office of Federal Contract Compliance Programs (OFCCP) is
responsible for ensuring that employers doing business with the
Federal government comply with
Executive Order 11246,
Section 503 of
the Rehabilitation Act of 1973; and the
Vietnam Veterans'
Readjustment Assistance Act of 1974, 38 U.S.C. 4212. Together, these
laws prohibit federal contractors and subcontractors from
discriminating on the bases of race, color, religion, sex, national
origin, and status as a protected veteran or individual with a
disability. They also require federal contractors and subcontractors
to be proactive in employing and advancing the employment of women,
minorities, protected veterans, and individuals with disabilities.
Related Links:
U.S. Department of Labor (DOL):
Help Navigating DOL Laws and
Regulations
U.S. DOL: elaws®:
Employment Laws Assistance for Workers and Small Businesses
U.S. DOL: elaws®:
Federal Contractor Compliance Advisor
U.S. DOL: elaws®:
FLSA-Child Labor Rules
U.S. DOL:
Youth in the Workplace
Employment Standards Administration (ESA):
General Information on the
FLSA
ESA/ Wage and Hour Division (WHD):
What jobs can youth do?
ESA/ WHD:
Exemptions from child labor rules
Equal Employment Opportunity Commission:
Youth@Work Initiative
National Institute for Occupational Safety and Health:
Young Worker
page
Occupational Safety and Health Administration:
Teen Workers page
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- Question: What federal/state agencies can answer my questions
about the employment of youth?
Response: There are several key federal enforcement agencies
concerned with the employment of youth, but only the Employment
Standards Administration - Wage and Hour Division has rules that
differ by age of worker. Each agency should be contacted for more
specific questions.
- Employment Standards Administration,
Wage and Hour Division (WHD)
- WHD enforces the child labor
laws under the
Fair Labor Standards
Act.
- These laws pertain to employees under the age of 18 years.
- ESA's YouthRules! Web page provides additional valuable information
for the small business owner on complying with the federal and state
child labor laws.
- Employment Standards Administration, Office of Federal Contract
Compliance Programs
OFCCP:
- Administers and enforces
Executive Order 11246;
Section 503 of the
Rehabilitation Act of 1973; and the
Vietnam Veterans' Readjustment
Assistance Act of 1974, 38 U.S.C. 4212.
- Taken together, these three laws ban discrimination and require
federal contractors and subcontractors to take affirmative action to
ensure that all individuals have an equal opportunity for employment,
without regard to race, color, religion, sex, national origin, and
status as a protected veteran or individual with a disability or
status as a Vietnam era or special disabled veteran.
- These laws also require federal contractors and subcontractors to
be proactive in employing and advancing the employment of women,
minorities, protected veterans, and individuals with disabilities.
- Provides links to the
Employment Law Guide and
Small Business
Guide.
Equal Employment Opportunity Commission (EEOC)
- The EEOC is charged with enforcing the federal
civil rights laws.
- These laws apply to applicants, employees, and former employees.
- Many of the Commission's
FAQs are relevant to young employees.
- EEOC's
Small Business and
Youth@Work Web sites provide valuable
information for small business owners.
National Labor Relations Board (NLRB)
- The NLRB enforces the National Labor Relations Act (NLRA).
- This statute applies to employees, regardless of age.
- The NLRA sets forth the rights of employees to engage in protected,
concerted activities (2 or more employees acting together in an
attempt to improve working conditions, wages and benefits), or not to
do so.
- The NLRA also addresses the rights of employees to engage in or not
to engage in union activities.
Occupational Safety and Health Administration (OSHA)
- OSHA enforces provisions, standards, and regulations under the
Occupational Safety and Health Act.
- These provisions, standards and regulations pertain to employees
regardless of age.
- OSHA's
Teen Worker and
Compliance Assistance pages provide
additional valuable information to help the small business owner
comply with these laws.
Also, consult with your
state labor office for specific state laws
and
rules when hiring youth.
Although not an enforcement agency, the National Institute for
Occupational Safety and Health (NIOSH) is a valuable resource on
young employee information. The NIOSH
Young Worker Safety & Health
topic page contains a variety of information important to help ensure
the safety and health of a young employee.
Related Links:
U.S. Department of Labor (DOL):
elaws®: Employment Laws Assistance
for Workers and Small Businesses
U.S. DOL: elaws®:
Federal Contractor Compliance Advisor
U.S. DOL: elaws®:
FLSA-Child Labor Rules Advisor
U.S. DOL:
Youth in the Workplace
Federal Network for Young Worker Safety & Health (A Federal
interagency working group)
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- Question: Are part-time or seasonally employed youth covered by
the same rules, standards and laws as full-time employees?
Response: Yes, all of the same rules, standards and laws apply to an
employee regardless of full-time, part-time or seasonal employment
status.
Related Links:
U.S. Department of Labor (DOL):
elaws®: FLSA-Child Labor Rules
U.S. DOL: Quick links to
DOL agencies
U.S. DOL:
State labor office
Employment Standards Administration: Wage and Hour Division
Home Page
Equal Employment Opportunity Commission:
Main Menu
National Labor Relations Board:
Home page
Occupational Safety and Health Administration:
Home page
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- Question: Does the young employee have special workplace rights?
Response:
Young employees (individuals under 18 years old) are entitled to all
the rights and workplace protections that adult employees have under
federal labor laws. This includes the laws pertaining to the federal
minimum wage; various other parts of the
Fair Labor Standards Act; the provisions,
standards, and regulations under the
OSH Act; and the National Labor Relations Act (NLRA).
Other programs that allow for payment of
less than the full federal minimum wage apply to
workers with disabilities,
full-time students, and
student-learners employed pursuant to sub-minimum wage
certificates. These programs are not limited to the employment of
young workers. Federal civil rights laws protect young employees from harassment and
discrimination based on race, skin color, religion, national origin,
gender, and disability. Additionally, child labor special
protections are afforded youth under the FLSA.
Related Links:
Employment Standards Administration (ESA)/ Wage and Hour
Division (WHD):
Home Page
ESA/ WHD:
YouthRules! Home page
Equal Employment Opportunity Commission:
Main Menu
National Institute for Occupational Safety and Health:
Young Worker Safety and Health
National Labor Relations Board:
Home page
Occupational Safety and Health Administration:
Teen Workers page
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- Question:
What are the rules governing the employment of youth in agricultural
jobs?
Response:
Under the
Fair Labor Standards Act,
rules governing
employment of youth in
agricultural jobs
differ from those pertaining to
non-agricultural employment [Fact Sheet #43. Youth Employment Provisions of the Fair Labor Standards Act (FLSA) For Nonagricultural Occupations.
63 KB
PDF,
5 pages]. For
information about
employment provisions for youth in
agriculture, contact the Department's toll-free help line at
1-866-4US-WAGE (1-866-487-9243), or your local
WHD office. You may also want to visit the
U.S. DOL:
elaws®: FLSA-Child Labor Rules Advisor and the
ESA
YouthRules!
Web site
as well as contacting your local Agricultural Labor Relations Board (ARLB).
All states may not have an ALRB. To find your state ALRB, do a
search by typing in any search engine: "(your state) ALRB".
For more information about other laws enforced by WHD visit
Wage and
Hour Division.
Related Links:
Employment
Standards Administration (ESA)/ Wage and Hour Division (WHD):
Fair Labor Standards Act Child Labor Bulletin for Agriculture
ESA/ WHD:
FLSA Child Labor Bulletin for Non-Agriculture
National Institute
for Occupational Safety and Health:
Childhood Agricultural Injury Prevention Initiative
Accessibility Assistance: Contact the OSHA Directorate of Technical Support and Emergency Management at 202-693-2300 for assistance accessing PDF materials.
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- Question:
I am employing my minor children/grandchild/other young family
member. Is this okay?
Response: The
Fair Labor Standards Act's minimum age requirements generally do
not apply to minors employed by their
parents, or by a person acting as their guardian. However, no
minor [Fact Sheet #43. Youth Employment
Provisions of the Fair Labor Standards Act (FLSA) For Nonagricultural
Occupations. 63 KB
PDF, 5 pages] under 16 years of age may be employed in mining or
manufacturing; and no one under the age of 18 years may be employed
in any occupation the Secretary of Labor has declared to be
hazardous.
For specific state
laws regarding the employment of minors in agriculture in your state,
consult your state Agriculture Labor Relations Board.
Related Links: U.S.
DOL:
elaws®: FLSA-Child Labor Rules Advisor (select
"parent")
Employment Standards Administration (ESA)/ Wage and Hour Division
(WHD):
State Labor Laws
ESA/ WHD:
State Labor Offices
Accessibility Assistance: Contact the OSHA Directorate of Technical Support and Emergency Management at 202-693-2300 for assistance accessing PDF materials.
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- Question: Some of my young employees have joined
together to offer ways to improve working conditions, wages and
benefits. Is this activity protected by law?
Response:
Regardless of age, the National Labor Relations Act (NLRA)
protects
employees' rights to engage in protected, concerted
activities, which are group activities (2 or more
employees acting together) attempting to improve working conditions,
or wages and benefits. Some examples of this include:
- 2 or more
employees approaching the employer about improving their working
conditions and pay;
-
1 employee
speaking to the employer on behalf of the group about improving
such workplace matters;
-
2 or more
employees discussing pay or other work-related issues with one
another.
The NLRA
prohibits employers from asking, threatening, disciplining, or
firing employees involved in protected, concerted activities, or
in union activities.
The NLRA protects
employees' rights to engage in union support, membership, and
activities.
The NLRA protects
employees' rights not to engage in protected, concerted
activities or in union activities.
Also, in a union
setting, unions have a duty to fairly represent the employees. For
instance, a union
cannot threaten or refuse to process a grievance or not to refer
an employee to a job because the employee does not support the union.
For more
information visit the
National Labor Relations Board, or call 1-866-667-NLRB
(1-866-667-6572) or (TTY) 1-866-315-NLRB (1-866-315-6572) for hearing
impaired employees.
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Category: Age
- Question:
What is the youngest age at which a person can be employed?
Response: The
Fair Labor Standards Act (FLSA)
sets 14 as the minimum age for most
non-agricultural work [Fact Sheet #43. Youth Employment Provisions of the Fair Labor Standards Act (FLSA) For Nonagricultural Occupations.
63 KB
PDF,
5 pages]. However, at any age, youth may deliver
newspapers; perform in radio, television, movie, or theatrical
productions; work in businesses owned by their parents (age
restrictions apply to mining, manufacturing or
hazardous jobs); and perform babysitting or perform minor chores
around a private home. Also, at any age, youth may be employed as
home workers to gather evergreens and make evergreen wreaths.
Different age
requirements apply to
agricultural employment. Many
states have enacted child labor laws, some of which may have a
minimum age for employment which is higher than the FLSA. Where both
the FLSA and state child labor laws apply, the most restrictive
standard must be obeyed.
For specific state
laws regarding the employment of youth in agriculture in your state,
consult your state Agriculture Labor Relations Board.
Related Links:
U.S.
Department of Labor:
elaws®: FLSA-Child Labor Rules Advisor
Employment Standards Administration (ESA)/ Wage and Hour Division
(WHD):
Home Page
ESA/ WHD:
YouthRules! Home Page
Accessibility Assistance: Contact the OSHA Directorate of Technical Support and Emergency Management at 202-693-2300 for assistance accessing PDF materials.
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Category: Work Hours
- Question:
When
and what hours can young employees work?
Response:
Under the Fair
Labor Standards Act (FLSA),
the minimum age for employment in non-agricultural employment is 14.
Hours worked by 14- and 15-year-olds are limited to:
- Non-school hours;
- 3 hours on a school day;
- 18 hours in a school week;
- 8 hours on a non-school day;
- 40 hours in a non-school week; and
- Hours between 7 a.m. and 7 p.m. (except from June 1 through
Labor Day, when evening hours are extended to 9 p.m.).
Youth 14 and 15
years old enrolled in an approved
Work Experience and Career Exploration Program (WECEP) may be
employed for up to 23 hours in school weeks and 3 hours on school
days (including during school hours). An example of a WECEP program
description is as follows:
A program for 14-
and 15-year-old dropout-prone youth that combines paid work
experience with career-oriented educational and motivational
opportunities that encourage both completion of education and
preparation for the world of work.
The FLSA does not limit the number of hours or times of day for
employees 16 years old and older.
Hours standards that apply to minors employed in agriculture
are described in the
Fair Labor Standards Act Child Labor Bulletin for Agriculture. However,
many
states have enacted child labor laws as well. In situations
where both the FLSA child labor provisions and state child labor laws
apply, the more restrictive standard must be obeyed. For more
information on state labor laws, see the
YouthRules! Home Page.
Related
Links:
U.S.
Department of Labor:
elaws®: FLSA-Child Labor Rules Advisor
Employment Standards Administration (ESA)/ Wage and Hour Division
(WHD):
Home Page
ESA/ WHD:
YouthRules! Home Page
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Category: Jobs & Training
- Question: Is it
permissible for a young employee to drive a vehicle as part of the
job?
Response: Under the
Fair Labor Standards Act (FLSA), Hazardous Occupations Order No. 2 (HO 2,
Youth Employment Provision and Driving
Automobiles and Trucks under the Fair Labor Standards (FLSA). 44 KB
PDF, 2 pages) generally prohibits minors under 18 years of age from driving
motor vehicles or serving as an outside helper on such vehicles a) on
any public road or highway; b) in or about any mine, logging or
sawmilling operation; or c) in any excavation covered by HO 17, which
includes excavation in trenches, building construction, or tunnels.
In 1998, Congress amended the FLSA and set a minimum age of 17 for
any
on-the-job driving [62 KB PDF,
1 page] on public roads, and allowed it then only in
certain limited circumstances.
The FLSA prohibits
individuals under the age of 18 from using forklifts and similar
equipment in nonagricultural industries (Hazardous Occupations Order No. 7 - Power-Driven Hoisting Apparatus Occupations).
In
agricultural industries, (Fact Sheet #40: Federal Youth Employment
Laws in Farm Jobs, 41 KB
PDF, 2 pages) minors under age 16 are
prohibited from operating or assisting to operate
forklifts. Young employees are often exposed to forklift
operation hazards, whether the youth is the operator, or an assistant
or bystander (regardless of age). More information about forklifts
can be viewed on the
OSHA Teen Workers page.
Related Links:
Employment Standards Administration (ESA)/ Wage and Hour Division
(WHD): Fact Sheet #11.
Automobile dealers under the Fair Labor Standards Act (FLSA). 37 KB
PDF, 2 pages.
ESA/ WHD: Fact Sheet #40. Federal Child Labor Laws in Farm Jobs. 41 KB
PDF,
2 pages.
Accessibility Assistance: Contact the OSHA Directorate of Technical Support and Emergency Management at 202-693-2300 for assistance accessing PDF materials.
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-
Question:
Are the rules, regulations or laws different for immigrant young
employees?
Response: Federal rules,
regulations and laws apply to the young employee regardless of
immigrant status (immigrant, nonimmigrant) or citizenship (US
citizen, non-citizen). The U.S. Citizenship and Immigration Services
(USCIS)
administers special
laws pertinent to the immigrant employee regardless of age. Some
immigration laws have specific worker protection provisions. For
each employee, regardless of age or citizenship status, the employer
must complete the USCIS
Form I-9, "Employment Eligibility Verification,"
[408 KB
PDF, 4 pages] after examining
the employee's proof of identity and proof of eligibility to work in
the United States. For employees who are not citizens of the United
States, this would include examining an employment authorization
document. Acceptable documents can be viewed on the back of the Form
I-9. Please
contact the USCIS for further details.
Related Links:
U.S. Department of
Labor (DOL): Quick links to
DOL agencies
Equal Employment Opportunity Commission:
Main Menu
National Labor Relations Board:
Home page
Accessibility Assistance: Contact the OSHA Directorate of Technical Support and Emergency Management at 202-693-2300 for assistance accessing PDF materials.
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- Question:
What kinds of work can youth perform?
Response: Under the
Fair Labor Standards Act, regulations governing employment of
youth in
non-agricultural jobs differ somewhat from those pertaining to
agricultural employment. In non-agricultural work, the
permissible jobs, by age, are as follows:
- Workers 18 years or older may perform any job, whether hazardous or
not;
- Workers 16 and 17 years old may perform any
non-hazardous jobs; and
- Workers 14 and 15 years old may work outside school hours in various
non-manufacturing, non-mining,
non-hazardous jobs (with certain restrictions on hours worked).
Fourteen is the
minimum age for most non-agricultural work. However, at any age,
youth may deliver newspapers; perform in radio, television, movie, or
theatrical productions and perform babysitting or perform minor
chores around a private home. Also, at any age, youth may be
employed as home workers to gather evergreens and make evergreen
wreaths. Youth under the age of 16 years working in a business owned
solely by their parents or persons standing in place thereof can work
any time of day and for any number of hours. However, parents are
prohibited from employing their child in mining or manufacturing, or
in any of the occupations declared
hazardous by the Secretary of Labor.
Different age
requirements apply to the
employment of youth in agriculture. Besides the Employment
Standards Administration, consult your state Agriculture Labor
Relations Board or State Department of Labor for specific state laws
regarding the employment of youth in agriculture in your state.
Related Links:
U.S.
Department of Labor:
elaws®: Child Labor Rules Advisor
Employment Standards Administration (ESA)/ Wage and Hour Division
(WHD):
Home Page
ESA / WHD:
YouthRules! Home Page
For more
information visit the
National Labor Relations Board, or call 1-866-667-NLRB
(1-866-667-6572) or (TTY) 1-866-315-NLRB (1-866-315-6572) for hearing
impaired employees.
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