Summer often brings an increase in seasonal hiring, and many employers turn to students and young workers to help meet staffing needs. While these positions can provide valuable work experience and help employers address workforce shortages, hiring workers under age 18 comes with additional compliance responsibilities.
The Fair Labor Standards Act (FLSA) contains child labor provisions that limit the types of work young employees may perform and, in some cases, the hours they may work. Employers should also remember that state child labor laws may impose additional restrictions. When federal and state requirements differ, the law that provides greater protection to the young worker generally applies.
Workers Ages 14 and 15
Federal law permits many 14- and 15-year-olds to work in offices, retail stores, restaurants, and other non-hazardous environments. During the summer months, these employees generally may work:
- Outside school hours
- Between 7:00 a.m. and 9:00 p.m. from June 1 through Labor Day
- Up to 8 hours on a non-school day
- Up to 40 hours in a non-school week
- Operating forklifts and other powered lifting equipment
- Roofing work
- Excavation work
- Operating certain power-driven machinery
- Certain meat and poultry processing activities
- Operating compactors, balers, and other specified equipment
Although summer provides greater flexibility than the school year, employers must still be mindful of restrictions on job duties. Workers in this age group generally may not perform manufacturing, construction, warehousing, or other hazardous work and may not operate many types of power-driven equipment.
Workers Ages 16 and 17
Employees who are 16 and 17 years old generally may work unlimited hours under federal law. However, they remain subject to restrictions on hazardous occupations.
Examples of prohibited activities for workers under age 18 include:
Employers should evaluate actual job duties, not just job titles, when determining whether a position is appropriate for a minor employee.
Common Employer Mistakes
Many child labor violations occur because supervisors are unfamiliar with age-based restrictions rather than because employers intentionally disregard the rules. Common issues include assuming that summer employment removes all child labor restrictions, allowing a young worker to assist with prohibited equipment or machinery, scheduling 14- and 15-year-old employees beyond permitted hours, assigning duties that differ from the position originally approved for the employee, or overlooking state-specific child labor requirements.
A Summer Compliance Review
Before bringing on seasonal workers, employers should take time to review job descriptions for positions that may be filled by minors, confirm that managers understand age-related work restrictions, evaluate scheduling practices for younger employees, identify equipment and work areas that may be off limits to workers under age 18, and verify compliance with both federal and state child labor laws.
Hiring young workers can be a great way to support workforce development while addressing seasonal staffing needs. Taking time to understand the applicable rules before summer hiring begins can help employers create valuable employment opportunities while maintaining a safe and compliant workplace.
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This article is for informational purposes only and is not intended as legal, tax, or benefits advice. Readers should not rely on this information for taking (or not taking) any action relating to employment, compliance, or benefits. Always consult with a qualified professional before making decisions based on this content.
