Guide to Hiring Minors
There are several reasons small businesses choose to hire minors. A company often employs minors despite their inexperience and sometimes limited availability to reduce labor costs or bolster their team for seasonal crowds. Teens may not have extensive work experience, but they’re ready and willing to earn some extra cash seasonally, flooding the workforce when school is out. During the summer months, the youth labor force of 16- to 24-year-olds has a history of growth. Between April and July of 2022, over 2.5 million youth workers entered the U.S. workforce. This guide will help you decide whether or not hiring minors is the right move for your business and teach you the important considerations to make before taking on teen employees.
Understanding Federal and State Child Labor Laws
The first thing to be aware of when hiring minors is the unique hourly and job duty restrictions set forth by the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) through the Fair Labor Standards Act. One facet of this act is used to uphold youth employment standards which work to protect minors by limiting working hours and prohibiting the performance of hazardous occupations. Each age group has its own unique set of restrictions that must be followed. If employers are found to be in violation of child labor laws at the federal or state level, they can be fined, taken to court, and even imprisoned. Let’s discuss what you need to know about the legalities of hiring a minor.
How to obtain a work permit for hiring a minor
Some states require employers to obtain a work permit if they plan on hiring minors. Employers will often be required to fill out an application to receive this permit. This process allows the DOL to collect information on the age of the individual being hired and the duties to be performed for the position. Some states also require the minor themselves to apply for and receive a minor work permit before beginning employment. These may be distributed by the DOL or the teen’s school district. Visit the DOL’s website to learn more about your state’s minor work permit process.
What is the 90-day eligibility period?
The first day of work marks the beginning of the 90-day eligibility period. This is not the job offer, acceptance, or hire date but the first actual day of work. This period lasts for 90 consecutive calendar days regardless of how many days were worked by the minor. During these 90 days, employers must pay youth workers under 20 years old a minimum of $4.25 per hour unless prohibited by local or state laws. When this period is over, employers must increase pay to at least the state’s minimum wage. If a worker turns 20 at any point during this 90-day period, employers must raise their wage on the employee’s birthdate.
Child labor laws by age group
Under 14: The FLSA has set the minimum working age to 14. Therefore any “work” performed by those under 14 years old can only include duties such as casual babysitting, delivering newspapers, wreath making, acting, etc. Minors can also perform non-hazardous agricultural work under 12 with parental consent. Technically there are no federally set hourly restrictions for minors under 14 years old because they are not legally allowed to work a regular job, but states often have their own laws for this age group.
Ages 14 and 15: The FLSA states that 14- and 15-year-olds are allowed to work jobs that do not interfere with their schooling, health, or well-being. There are also limitations on when and how often work is done and the type of work performed. It’s important to note that there are some exceptions to these rules that can be found here in this FLSA bulletin.
Fourteen- and 15-year-olds can only work:
Non-school hours
Up to 3 hours on a school day
Up to 8 hours on a non-school day
Up to 18 hours a week during the school year
Up to 40 hours a week during school breaks
From 7 am to 7 pm between Labor Day and May 31
From 7 am to 9 pm between June 1 and Labor Day
Fourteen- and 15-year-olds are prohibited from working jobs that involve:
Manufacturing
Mining
Processing
Motor vehicle operation
Window washing
Baking and cooking
Peddling
Ages 16 and 17: There are no hourly restrictions for this age group. Most of the same limitations apply when working a nonagricultural occupation considered hazardous by the Secretary of Labor. They are, however, allowed to work agricultural jobs that have been deemed hazardous.
Ages 18 and up: Individuals 18 and older are permitted to do any job and do not have hourly restrictions. The only minor-related law that affects this age group is the 90-day eligibility period wage rule. Employers are allowed to pay anyone under the age of 20 the youth minimum wage of $4.25 per hour for the first 90 calendar days of employment.
Minimum wage: $15.50 per hour
Number of hours minors can work:California’s child labor laws are particularly complex compared to other states.
Minors under the age of 12 are not allowed to work except in the entertainment industry on permits issued by the Labor Commissioner.
Minors between the ages of 12 to 13 are only allowed to work on holidays and weekends, and they may not work more than 8 hours per day or 40 hours per week.
Minors between the ages of 14 to 15 are allowed to work the following number of hours:
When school is in session, they may not work more than 3 hours on any school day, 8 hours on any non-school day, or 18 hours per week.
When school is not in session, they may not work more than 8 hours per day or 40 hours per week.
Minors between the ages of 16 to 17 are allowed to work the following number of hours:
When school is in session, they may not work more than 4 hours on any school day, 8 hours on any non-school day, or 48 hours per week.
When school is not in session, they may not work more than 8 hours per day or 48 hours per week.
Required breaks: Employers in California must provide workers of all ages with a 30-minute meal break whenever they work for 5 or more consecutive hours. Workers are also entitled to a 10-minute rest period for each four-hour shift.
Restrictions: Minors between the ages of 12 to 15 may not work during school hours, before 7:00 a.m., or after 7:00 p.m. (there is an exception for the period of June 1 through Labor Day, when they may work until 9:00 p.m.). Minors between the ages of 16 to 17 may not work before 5:00 a.m. or after 10:00 p.m. on days preceding a school day (they may work until 12:30 a.m. on any night preceding a non-school day).
It's worth noting that minors are prohibited from working in certain hazardous occupations.
California Department of Labor Contact Information:
Phone: 1-844-522-6734