The sun is finally
shining and the end of school imminent, it is evident summer is here. With the
change of seasons comes a rush of teens and college students looking for
employment. In July 2012 there were 23.5 million employees between the ages of 16-24. Businesses are smart to take advantage of
this influx of economical labor, but it is important to understand the laws
that surround hiring summer help.
The laws for hiring young people are dependent on age. Children
under 14 may not work, except in very select jobs such as paper delivery,
casual childcare, and acting. The following rules apply for children 14-15
years of age:
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- work time must be outside school hours
- 3 hours a day on school days and 8 hours a day on non-school days
- 18 hours a week during a school week and 40 hours during a non-school week
- work hours must fall between 7am and 7pm unless it is June 1 and Labor Day, in which it is extended to 9pm
16- and 17-year-olds
can work unlimited hours.
Both state
and federal labor laws that govern the hiring of anyone under 18. It is important to note that the more
stringent law always applies. Though not a federal requirement, the state of
North Carolina requires anyone under 18 to have a work permit. A new addition
to NC requirements is the following: 14- and 15-year-olds may prepare food, but
may not bake, cook over an open flame, or use manual deep fat fryers.
The benefits
of hiring summer employees are numerous. It is more economical for an employer
than a normal full-time employee. They can complete tedious and low-priority
tasks that are still important to the company. For example, a doctor’s office
that needs to scan paper charts can pay a teenager to sit at the scanner all
day for a fraction of what they would pay a regular employee. It is also
helpful to have extra bodies during the time when multiple employees take vacation.
Productivity will not be hampered by a skeleton staff, and there will not be a
backlog of work once full time employees return to work. It is also important
to realize the long-term effect having summer help can have on a business.
Forming relationships with high school and college students can lead to
outstanding full time employees that are comfortable and familiar with the
company once they have completed school.
Using summer
employees is beneficial on many levels. However, it can also cause major
problems for a business that does not follow the applicable laws. Consult an
attorney if your company is considering the possibility of summer help. It is
vital to know the regulations about benefits, wages, and age related laws.
Violations can be very costly with penalties up to $11,000 per child, per
violation. For repeat offenders or those that cause injury or death, fines can
be up to $100,000. Protect yourself by allowing an attorney to guide you
through the ins and outs of hiring young people.
Another alternative is hiring summer interns. For more information read Understanding the Legal Issues of Unpaid Interns.
Sources:
Child Labor in Nonagricultural Occupations in North Carolina.
(n.d.) NC Department of Labor. Retrieved
on May 15, 2013 from http://www.nclabor.com/wh/fact%20sheets/joint_state_fed.htm
Employment and Unemployment Amount Youth Summary. (August 21,
2012.) Bureau of Labor Statistics. Retrieved
on May 15, 2013 from http://www.bls.gov/news.release/youth.nr0.htm
Fact Sheet #43: Youth Employee Provisions of the Fair Labor
Standards Act for Nonagricultural Occupations. (July 2010). Department of Labor. Retrieved on May
15, 2013 from http://www.dol.gov/whd/regs/compliance/whdfs43.pdf