Over the past several years, employers in many industries have experienced worker shortages. This has led them to consider filling openings for non-hazardous occupations with 16- and 17-year olds that in the past would have gone to adults. If your company is in a situation where you are considering hiring workers in this age range, it is very important to comply with rules established under the federal Fair Labor Standards Act to ensure you are not setting yourself up for fines and even jail time for violating FLSA’s child labor law provisions.
Your best bet is to talk to a labor and employment attorney to review your hiring and workplace policies as they relate to minors. But in the meantime, here are some important things to consider.
First, make sure you’re not engaging in “oppressive child labor,” which FLSA prohibits. “Oppressive child labor” means using 16- and 17-year-olds in nonagricultural positions that the feds would consider “hazardous.” This includes, among other things, manufacturing and storing of explosives or articles that contain explosive contents; working as an outside helper or driving on roads, mines and excavations near logging operations; coal mining; forest fire fighting and prevention; working with power-driven woodworking machines; and working with heavy power-driven equipment in a variety of occupations. There’s a lot more categories as well – an attorney can review them with you.
On the other hand, FLSA allows you to employ 16- and 17-year-olds for unlimited hours in any nonagricultural, non-hazardous position. However, a number of states have more onerous restrictions for employers, including hour limits and mandatory rest and meal break periods that they don’t require for adults.
Under certain circumstances, FLSA may allow employers to put 16- and 17-year-olds to work in certain hazardous non-agricultural occupations as an apprentice, but it must be in a recognized trade that offers apprenticeships; the apprentice must be registered by the U.S. Department of Labor as employed under its standards; and any hazardous work an apprentice performs must be intermittent, necessary to the apprentice’s training and under the close supervision of a journeyman.
Finally, employers need to review the laws of all states where they operate to ensure full compliance.