If your company employs workers under age 18, you need to be aware of the special rules regarding workplace safety and maximum hours which apply to underage employees. As students head back to school, it's important to remember that there are stricter limitations on the hours minors may work during the school year and on school nights. Failure to comply with these hour restrictions is one of the most common mistakes employers make.

Maximum Hours for 14- and 15-Year-Olds: During the school year, the maximum hours these minors may work is 3 hours per day on school days (any days they are required to attend school for 240 minutes or more), or 8 hours per day on non-school days, with a total of up to 18 hours per week, and they must work between the hours of 7:00 a.m. and 7:00 p.m. During the summer (June 1 through Labor Day), the maximum hours they may work is 8 hours per day, with a total of up to 40 hours per week, and they must work between the hours of 7:00 a.m. and 9:00 p.m. Fourteen- and fifteen-year-olds may NOT work overtime.

Maximum Hours for 16- and 17-Year-Olds: The maximum hours these minors may work is 4 hours per day on school days, or 8 hours per day on non-school days, with a total of up to 48 hours per week. Overtime must be paid according to the rules for adults. On any day preceding a school day, they may only work between the hours of 5:00 a.m. and 10:00 p.m. On any day that does not precede a school day, they may only work between the hours of 5:00 a.m. and 12:30 a.m. of the non-school day.

Safety First: If your company employs minors to perform jobs that may be hazardous, you run the risk of violating child labor laws. Depending on their age, minors are prohibited from working in certain hazardous industries, and from performing potentially dangerous tasks. Of particular note to food-service companies, is the fact that minors are not to operate power equipment used for baking or meat slicing, and 14- and 15-year-olds are not to work around boilers or engineering rooms, operate or maintain power equipment, wash windows if using ladders, load or unload goods, or use freezers or coolers. Minors may also be barred from hoisting, working from high scaffolds or ladders, and dealing with hazardous chemicals or storage areas.

Driving for Work Purposes: Minors under age 17 must not drive on public streets for work purposes. Although 17-year-olds are permitted to drive, they may only do so during daylight hours, and for no more than one-third of their work time in a day, or 20 percent of their work time in a week.

Employers Must Complete Work Permit Applications: You are responsible for completing a work permit application, together with the minor's parents, that the minor then submits to his or her school. You will then receive a permit to employ from the school district, and you must keep the permit on file.

Employee Rights of Minors Are the Same as for Adults: Minors are covered by the same wage and overtime requirements as adults, and have the same employee rights, such as rest periods, workers' compensation coverage, and statements of paycheck deductions. You must also maintain separate records for the minors you hire.

ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952), or by e-mail (geskridge@eskridgelaw.net.) Please visit our website at www.eskridgelaw.net or www.employmentattorneys.net.

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