What You Don't Know About Hiring Minor Workers Could Hurt You

Every year, well-intending employers hire minors to work over summer break. Sometimes, the minors are a friend's child, while other times they are simply high school kids saving for college or gas money. Some work full-time, while others simply help out from time to time. While hiring minors to work at a place of employment can be an incredibly fulfilling and rewarding for both the employer and the employee, employers need to ensure compliance with all state and youth employment laws as youth work-rules are routinely enforced by both the NH and U.S. Departments of Labor. Employers should become familiar with the rules and regulations provided on the websites for the federal and state departments of labor.

Who: New Hampshire law generally prohibits employers from hiring or employing minors under the age of 12 (NH R.S.A. 276-A:4, V). Federal law and Massachusetts law, however, limits the minimum age for employment in most non-agricultural work to 14 (29 C.F.R. 570.2) with the exceptions of casual work and newspaper delivery. 

What: Under federal law, minors under 18 are prohibited from working in certain dangerous or hazardous occupations. These include, but are not limited to, operating power-drive hoisting apparatus, mining, meat packing or processing, using power-drive circular saws or band saws, wrecking, demolition or shipbreaking operations, roofing, or excavation.  (See Id., 29 C.F.R. 570.50-570.68.)  Federal law provides that suitable work for minors under 16 includes work in offices, retail stores, restaurants, movie theaters, amusement parks and gasoline service stations. (See 29 C.F.R. 570.2; 570.33; 570.34.) Minors under 16 cannot work in warehouse, communications or public utilities jobs, construction or repair jobs, or jobs in which they drive a motor vehicle or operate power-driven machinery or hoisting apparatus (other than typical office machines). They cannot bake, cook (with few exceptions), work with freezers or meat coolers, or work in meat processing areas, or operate, set-up, adjust, clean, oil or repair power-drive food slicers, grinders, choppers, cutters, or bakery mixers.  (See Id., 29 C.F.R. 570.50-570.68.) In addition, even in permitted retail, food service and gasoline service establishments, certain dangerous work is prohibited.  (See 29 C.F.R. 570.34(b).)

Massachusetts law imposes even greater restrictions on the types of work in which minors may engage.  For example, Massachusetts law specifically prohibits work in public bowling alleys or billiard rooms, and all cooking, except at soda fountains, lunch counters, snack bars, cafeteria counters. (M.G.L. ch. 149 60-61) 

When:  In NH, minors under 16 years of age may not start work before 7 a.m. or work later than 9 p.m. (NH RSA 276-A:4, IV)  However, from Labor Day through May 31st, federal law restricts minors under 16 years of age from working past 7 p.m.  (See, 29 C.F.R. 570.35.)  Massachusetts imposes similar restrictions. (See M.G.L. ch. 149 65.) Both federal and NH law restricts 14 and 15 year olds from working more than 3 hours per day on a school day and 8 hours a day on non-school days. Federal law prohibits minors under 16 from working more than 18 hours per week during the school year and more than 40 hours per week during vacations and summer breaks.  (See, 29 C.F.R. 570.35.) Both Massachusetts and NH laws also impose restrictions on the hours 16 and 17 year olds may work. New Hampshire limits 16 and 17 year olds from working more than 30 hours during a school week, and more than 6 consecutive days. During vacations and summer breaks, 16 and 17 year olds may not work more than 48 hours per week. (NH RSA 276-A:4, VI-VII.) Massachusetts also restricts 16 and 17 year old employees from working more than 48 hours in a week during non-school weeks, but also limits them to working no more than 9 hours per day. (See M.G.L. ch. 149 67.) 

Massachusetts restricts 16 and 17 year olds from working before 6 a.m. or after 10 p.m. on nights preceding a regularly scheduled school day.  On nights not preceding a regularly scheduled school day, 16 and 17 year olds may work until 11:30 p.m. There are few exceptions to these rules. (See M.G.L. ch. 149 66.) In Massachusetts, after 8 p.m., employers are restricted from allowing minor employees under the age of 18 to work by him/herself after 8 p.m., unless s/he is employed in a common area of an enclosed mall (with security) as all minors must be under the direct and immediate supervision of an accessible  adult supervisor after 8p.m. (See M.G.L. ch. 149 66.)

How:  Under NH law, minors under the age of 16 must obtain a NH Youth Employment Certificate (NH RSA 276-A:4, II). This certificate is issued by the minor's school or superintendent's office after the minor is offered a job and must be kept on file by the employer. Minors who are 16 or 17 year old must supply written permission from a parent or legal guardian giving them permission to work.   Employers are required to keep this signed written document on file. (NH. RSA 276-A:4, VIII). Under Massachusetts law, all minors must obtain a work permit before starting employment (M.G.L. ch. 149 86). In order to obtain a work permit, both the employer and the minor's parents must complete paperwork to be presented to the minor's superintendent's office. The employer must maintain the permit on file for the duration of the minor's employment (M.G.L. ch. 149 86). Employers must return the work permit to the superintendent's office (or the school committee that issued the permit) within two days after a minor's termination from employment (M.G.L. ch. 149 86). 

Employers that violate youth employment laws risk criminal and civil penalties, including substantial fines and imprisonment. While these rules may seem straight forward, it's easy for even well-meaning employers to run afoul of them.  In many cases, non-compliance is a result of poor communication with supervisors and employees who may not understand the gravity of the situation.  Sometimes, employers think it's okay to have an employee do something one time. In some cases, employers are not even aware that the rules are being broken (for example, when a minor employee swaps shifts with another employee, resulting in extra hours.)  At the end of the day, however, the burden of compliance is on the employer and not the minor.  All employers hiring minor workers must take steps to ensure that only minors of the appropriate age are hired, that they only do appropriate work, at appropriate times by training supervisors on the law and by enforcing strict compliance.  In addition, employers should inform minor employees of their rights both through required postings and through training or policies.       

Laurel A. Van Buskirk, Esq. is a member of Devine Millimet's Labor, Employment and Employee Benefits practice group where she counsels employers with regard to hiring, discipline, termination, discrimination, sexual harassment, leaves of absence, and wage and hour issues.  She may be reached at lvanbuskirk AT devinemillimet.com.