Jeff Neuburger

Should you give your cousin’s kid a summer job?
May 23, 2007

You recall the days of your youth spent helping your Aunt Molly during the summers at her candy store, where you earned a few bucks and all the butterscotch you could eat.  Now, you’re thinking about extending the same treatment to your cousin’s hopefully responsible kid by hiring him or her in your business.  But, are there any important considerations before you make the call?

This may sound more like a family question than a legal question, but in fact, if your cousin’s kid is under the age of 18, then it’s a legal question. Before you give your cousin’s kid a summer job (or a job at any other time of the year) you should consider that both the federal government, and most if not all states, have laws that govern when, how much, where, and for whom youths under the age of 18 may work.

Federal youth employment regulations

This quick summary of the federal youth employment regulations comes from a Fact Sheet available on the federal Department of Labor (DOL) web site.

Children of any age are generally permitted to work for businesses entirely owned by their parents, except those under 16 may not be employed in mining or manufacturing and no one under 18 may be employed in any occupation the Secretary of Labor has declared to be hazardous.
18 - Once a youth reaches 18 years of age, he or she is no longer subject to the Federal youth employment provisions.
16 - Basic minimum age for employment. Sixteen- and 17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor.
14 - Young persons 14 and 15 years of age may be employed outside school hours in a variety of non-manufacturing and non-hazardous jobs for limited periods of time and under specified conditions.
Under 14 - Children under 14 years of age may not be employed in non-agricultural occupations covered by the Fair Labor Standards Act (FLSA). Permissible employment for such children is limited to work that is exempt from the FLSA (such as delivering newspapers to the consumer and acting). Children may also perform work not covered by the FLSA such as completing minor chores around private homes or casual baby-sitting.

This summary is just the bare minimum; the DOL Web site has extensive information for employers on the application of the youth employment regulations, including another Fact Sheet covering the youth minimum wage law.  There is also a “TIPS” document with helpful tips on assuring compliance with these regulations in your workplace.

State regulations

Federal youth employment regulations are a baseline with which all employers nationally must comply (subject to certain exceptions). But states may, and often do, have more restrictive regulations. The DOL Web site makes available tables of state laws covering such topics as work permit requirements, rest and meal break requirements, and laws applying to agricultural employment and door-to-door sales, among other things.

When in doubt about these youth employment regulations, contact your local state labor department, or the attorney who advises you on labor and employment matters.

Revised federal youth employment regulations

The Department of Labor currently is revising its regulations governing youth employment, and is seeking public comment on the proposed rules that it issued in April 2007. The proposed new rules, along with instructions on how to comment, are available on the DOL web site.

Posted by Jeff Neuburger on May 23, 2007 | Comments (0)