Personnel(ly) Speaking
Personnel Management
Systems, Inc.
Summer Employment – Teens and Interns
Generally summer is a time when employers want to augment their
workforce. Seasonal employment can be a
great way to fill in for your regular employees’ vacations; get “caught up”; or
evaluate an intern for future full-time employment. As a business owner or manager, you may also
be interested in hiring your own children or those of a colleague. In today’s tight labor market, some entry
level jobs can be filled, even temporarily, by younger less-experienced
workers.
In each instance, business owners and managers need to know their
responsibilities; what rules apply; and what your
seasonal employee expect and require.
Hiring minors
You may want to hire high-school students to fill gaps in the company
work schedule. Before hiring a person less
than 18 years of age, be aware that both federal and state laws regulate the
employment of minors. These laws, which
are designed to protect the educational opportunities
of minors and prohibit their employment in jobs and under conditions
detrimental to their health or well-being, restrict minors’ hours of employment
and the jobs they can perform.
Some of the issues that need to be considered when hiring minors aged
16 and older are outlined below; more restrictive rules apply for younger
minors. If you are considering
employment of a minor make sure you discuss all the requirements with your Human
Resources professional. In some cases,
exceptions may apply.
What work can minors perform?
Federal regulations restrict the type and hours of work that minors can
perform. Minors who are 16 or 17 years
old may perform non-hazardous jobs. While
common sense may help employers determine what jobs the government might find
off limits to minor employment, the Secretary of Labor does list specific
hazardous non-farm jobs that are out of bounds for teens below the age of
18. A sampling of the specific
exclusions follows:
The federal Fair Labor Standards Act (FLSA) age requirements do not
apply to minors employed by a parent or by a person acting as their guardian.
An exception to this occurs in mining, manufacturing, and occupations where the
minimum age requirement of 18 years old applies.
How much should we pay?
Currently,
the federal government requires a minimum wage of $4.25 per hour for employees under
20 years of age during their first 90 consecutive calendar days of
employment. After 90 days the employee
must receive the federal minimum wage of $5.15 per hour. Please be aware that this
federal minimum wage increases from $5.15 to $5.85 per hour effective July 24,
2007. In 2008 another there will be a second increase to $6.55, followed by a
jump to $7.25 in 2009. (It is
likely that these changes will also affect the minimum wage paid to employees
under 20, during their first 90 days of work, although the federal government
has not issued wording on that provision yet.)
Of course states have established their own minimum wage regulations
regarding the pay for minors’ work. For
example,
State vs. Federal restrictions
State restrictions
may match the federal regulations, be more liberal, or be more
restrictive. For example, in both
California and Washington, 16 and 17 year olds may work up to 20 hours a week
(only 4 hours per day except on weekends) during a school week[1]. During non-school weeks, they may work up to
8 hours per day, 48 hours per week.
State restrictions on the type of work performed can vary from federal
requirements. In addition to the federally-restricted
activities listed above, typical state restrictions include:
Do we need Work Permits and Proof of Age?
Many states require
permits for workers of certain ages. In
states where minor work permits are required, an employer must obtain the
permit before allowing a minor to work.
Work permits generally cover all
minors employed at the workplace, but separate permits must be obtained for each separate workplace. Obtaining a
permit is usually not difficult, but it does take time. Employers interested in employing minors
should plan ahead so the permit is obtained before the minor’s first shift.
Although
the federal government does not required proof-of-age certificates, many states
do. The documents that substantiate a minor’s age are set out in state regulations
and generally include a birth certificate and social security card, or a
driver’s license. The U.S. Department of Labor will issue age certificates if
the minor employee's state does not issue them or if the minor is requested by
his or her employer to provide one.
How about Parent/School
Authorization?
Employers may be
required to obtain a parental/school authorization form for each minor
employee. If required, this form can be
obtained from state labor departments and must be completed before the minor
reports for work. The form generally
shows proof of age, name and address of the minor, description of the
employment and duties, and any employment at other jobs.
Maybe hiring an intern makes
more sense – what is that?
Interns are usually college students working in their area of major or
interest. Internships can be paid or
unpaid, full time or part time. Some
companies partner with local universities or community colleges to find
interns. A summer internship program can be viewed as a three month job
interview; employers have the opportunity to see actual work performance. It is
a training and testing ground for new employees and can be a very successful
recruitment strategy for the longer term.
Many interns are paid hourly. Alternatives include a stipend to defray
some of the costs of living. Some interns are willing to work exclusively for
the job experience, particularly in the more “glamorous” industries such as
entertainment and advertising. Some
colleges grant university credit for approved internships.
There are some employer responsibilities when hiring interns. For example, covering interns under workers’
compensation insurance is a good idea, as is keeping a record that safety
protocol has been reviewed. Treat a summer employee just as you would a
permanent employee.
Just remember the rules
If you hire minors this summer, remember to follow the rules. Although
relatively straightforward, the rules governing the employment of minors are
strictly enforced, and it is worth the investment of time to research the
requirements and to carefully follow them.
Your state department of labor will provide you with the information necessary
to hire minors appropriately. If you’d like
assistance with your hiring plans or finding and interpreting your state’s
hiring regulations, call Personnel Management Systems, Inc.
Personnel(ly) Speaking is a monthly comment on HR
issues of importance. It is intended to
provide general information and must not be construed as legal advice. Reproductions are allowed as long as credit
for this information is given to PMSI.
We welcome your comments, questions, and concerns. © PERSONNEL MANAGEMENT SYSTEMS, INC.,
Corporate Office (425) 576-1900,
Colorado Office (720) 497-0200, www.hrpmsi.com.