As summer approaches, retailers may be looking at staffing options they did not consider before the current worker shortage.
That includes hiring teen workers and creating internship programs. Both present a host of potential compliance pitfalls to consider.
Employing minors
Both federal and state laws restrict the time of day and number of hours that minors can work, the type of work they can perform, and the equipment they can use.
The Fair Labor Standards Act (FLSA) is the federal law that governs child labor and the Department of Labor’s Wage and Hour Division (WHD) is the agency charged with its enforcement. In situations where federal law and state law differ, you must follow the law that provides the most protection for the minor.
Days and hours of employment under federal law
• Age 18 – Those workers who are 18 and older have no restrictions whether in type of work or work hours.
• Ages 16 and 17 – Under the FLSA, minors aged 16 and 17 can be employed for unlimited hours in any occupation other than those deemed hazardous by the Secretary of Labor. This is an area where some state laws differ. For example, Indiana, California, and Ohio have restrictions on the number of hours and times of days this age group may work.
• Ages 14 and 15 – You are limited in the days and hours you can employ children in this age range as follows:
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