What to Know About Employing Minors

If you have ever wondered, “How many hours can a minor work?”, you are not alone. The average business owner might be uncertain as to what rules and laws regulate the employment of minors. This especially rings true for quick-service restaurants and franchisees, who are often in the position of hiring employees under the age of eighteen. 

Those who own or manage hospitality industry businesses such as restaurants and hotels should be aware of employment laws for minors. It is in the interest of every business owner/manager to keep his or her finger on the pulse of legal changes that shape the contributions minors can make as formal employees. Harri is here to help businesses adhere to the letter of the law, assisting with maintaining full compliance while streamlining the minor hiring process. 

While this guide is meant to serve as an informative introduction to regulations and policies around employing minors, it is not intended as legal advice, and should not be construed as such. The content on this blog is based on research and a general understanding of the topic at the time of publication. Employment laws and regulations vary by jurisdiction and can change over time. Therefore, you should always consult with a qualified legal professional or relevant authorities in your jurisdiction for specific advice regarding the employment of minors.

Understanding Minor Employment Laws

In the United States, both state and federal law detail the rules governing minor employment. Depending on the jurisdiction in which your business operates, local regulations might also cover this area. 

Federal Labor Laws

Federal labor law governs the employment of minors in restaurants, hotels, and related businesses. Overall, the U.S. Department of Labor is the best source of accurate information regarding up-to-date federal child labor provisions. 

Under Federal law, those under the age of 14 are not permitted to work unless on a farm or in the form of domestic service in a private residence. Those aged 16 and under must have a written statement from their parent or legal guardian acknowledging their employment duties and hours, thereby granting permission for their child to work. 

Federal law mandates that those aged 14 and 15 cannot work more than three hours on a school day, and eight hours on a non school day. While school is in session, 14 and 15 year old minors may not work more than 18 hours per week. When school is not in session, the allowable hours per week increases to 40 hours.  

14 and 15 year olds may not work prior to 7 a.m. or after 7 p.m. 

Minors may not operate or work on meat processing equipment, bakery machines, and dough mixers that are power-driven. 14 and 15 year olds are only allowed to cook on electric and gas grills that do not warm food over an open flame. They can only use deep fat fryers equipped with devices that raise/lower baskets in an automatic manner.

Additional restrictions apply to the employment of minors in the food service industry. Please refer here for more information on minor work restrictions under Federal law. 

What is the Youngest Age at Which a Person Can be Employed?

According to the Fair Labor Standards Act (FLSA), the minimum age of employment for the food service industry is 14.  

Some state child labor laws set minimum ages for employment that are higher than those established by the FLSA. In instances where both state child labor laws and the FLSA are applicable, the older age is set as the minimum (i.e. if the state says the minimum age is 16, this overrides the FLSA). 

How Many Hours Can a Minor Work?

The number of weekly hours a minor can work hinges on the specific state they are employed. On top of that, the type of work also shapes the hours that a minor can work. The state’s rules pertaining to the minimum age necessary for employment also play a part in determining the number of weekly hours permissible. 

Even the minor’s status as a school student has the potential to shape the allowable weekly work hour total. Let’s shift our focus to state-specific requirements. Below, we provide a look at how many hours  a minor may work in a few specific states. Be sure to seek out state-specific information for the jurisdiction in which your business operates prior to making any minor hiring and scheduling decisions. 

State Specific Regulations

The employment of minors in one state is governed by a specific set of rules, many of which will not apply to adjacent states. If you own or manage a business, it is important that you are aware of the labor laws of your state that govern minor employment. It is also in your interest to understand how state laws interact  with the federal labor laws that govern the employment of minors. 

Some states have specific restrictions, allowances, and compliance challenges. If you want to read through the details of each state’s unique child labor laws, you can find more information at the Department of Labor’s Website.

Ohio Minor Labor Laws

Ohio law dictates that: 

  • Minors aged 14 and 15 cannot work more than  40 hours per week when school is not in session, such as during the summer  
  • The state does not officially limit the maximum number of hours for 16 and 17-year-olds when school is not in session. 
  • Those minors aged 16 and 17 do not require a work permit for summer employment. 
  • The state requires half an hour of break time after five straight hours of work. 
  • When school is in session,the maximum number of hours a 14 or 15 year old may work on a school day is 3. The weekly maximum hours while school is in session is 18 hours.

Florida Minor Labor Laws

The State of Florida is somewhat unique in that it does not require a work permit for a minor to be employed. 

  • Florida Minor Employment law allows all minors ages 14 and up to work. 
  • Employers hiring minors are to display notification of Child Labor Laws on a poster within the place of work. 
  • Employers in Florida do not have to obtain parental permission to employ minors. 
  • Florida minors are not permitted to work more than four straight hours without a 30-minute break.
  • When school is in session, Florida 14 and 15-year-olds may work 15 hours per week including a max of three hours on a school day and eight hours on the weekends, non-school days, and days when a school day does not follow. 

California Minor Labor Laws

California requires that all minors under 18-years of age have a work permit. 

16-17 year olds:

  • California child labor laws limit the work hours of 16 and 17 year-olds to four hours per day on school days and eight hours per day on non-school days or days prior  to a non-school day. 
  • When school is in session, the maximum number of work hours per week is 48. 
  • When school is not in session, 16 and 17 year olds are permitted to work 8 hours per day, with a maximum of 48 hours per week.
  • Those aged 16 and 17 are allowed to work between 5am and 10pm, and until 12:30am on any evening preceding a non-school day. 

14-15 year olds:

  • When school is in session, minors aged 14 and 15 are permitted to work a maximum of 3 hours per day on school days, and a maximum of 8 hours per day on non-school days. The allowable hours of scheduling are 7am-7pm. 
  • When school is not in session, California 14 and 15-year-olds may work a maximum of eight hours per day and 40 hours per week. The allowable hours of scheduling are 7am-9pm. 

New York Minor Labor Laws

  • New York law mandates that no minor under the age of 18 is allowed to work in excess of 28 hours per week when school is in session. Hotels, restaurants, and other businesses that violate this law will be fined. All minors aged 14-17 need working papers in order to hold a job in New York State.

For Minors Under 16

  • NY minors, ages 14-17, are not permitted to work more than six days per week. 
  • Minors under 16 may not work between 7 p.m. and 7 a.m. in most jobs after Labor Day to June 20, or between 9 p.m. and 7 a.m. from June 21 to Labor Day

For Minors Aged 16-17

  • New York minors, ages 16 and 17, may not be employed for more than four hours on a day that precedes a school day unless it is a Sunday or a holiday. New York also bars the employment of minors, aged 16 and 17, for more than eight hours on Fridays, Saturdays, Sundays, and holidays. 
  • NY minors, ages 16 and 17, may not work after 10pm on nights preceding school days and non-school days. 
  • Minors, ages 16 and 17, may be permitted to work until 12am on days preceding school days and non-school days if they have written permission from a parent or guardian and a certificate of satisfactory academic standing from their school (only required for evenings preceding school days).  

Streamlining Compliance with Harri

Understanding and complying with a myriad of federal, state, and local regulations can be a difficult yet necessary component of running a business. But never fear; with a full suite of labor scheduling tools, Harri is your partner in compliance. 

We help restaurants, hotels, and other hospitality businesses streamline compliance processes through a conveniently consolidated workforce compliance management system. Harri’s automated compliance management system decreases the resources and time invested in compliance management tasks, by helping to facilitate the creation of employee schedules that are compliant with state and federal labor laws. 

In addition to minor hour restrictions, our system can handle advanced notice scheduling, overtime tracking, break requirements, and tip credit pay. Regardless of how many jurisdictions you operate in, the system will accurately notify you with location basedscheduling notifications, warnings, and suggestions to proactively counter any labor-based issues. The platform is even built to streamline new hire onboarding with a web-based portal for automating new hire paperwork.

This all-in-one approach to compliance decreases risk, saves time, and reduces worry. The Harri platform makes it easier for business owners and managers like you to manage compliance challenges so you can shift your focus to complex problem-solving and  improving the value offering. 

Harri's Compliance Solutions

Harri’s suite of compliance technologies helps make it easier for businesses like yours to comply with labor laws, especially those that govern the employment of minors. Check out the platform’s features and you’ll find the integrated compliance functionality empowers business owners and managers to adhere to all relevant employment rules and regulations.

We serve more than 20,000 hotels and restaurants that employ more than four million hardworking employees across the globe. Request a demo today to find out how Harri’s platform will help your business reach its potential.

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