Youth Employment

Youth Employment Laws

Employers have a responsibility to adhere to both federal and state laws and regulations, with a particular focus on safeguarding the well-being of young workers. The US DOL and NH DOL have both expressed increased enforcement efforts in this area. Now is a good time to review your company’s practices with respect to youth employment to ensure that all of the specific requirements of both laws are being satisfied.

The New Hampshire Department of Labor (NH DOL) and the U.S. Department of Labor (US DOL) enforce the state Youth Employment Law (RSA 276-A) and the federal Fair Labor Standards Act (“FLSA”), respectively, and perform inspections and assess penalties for violations related to youth workers. There are two general areas of focus regarding youth employment laws: hours/time of day limitations and hazardous work restrictions.  Employers should ensure that any individuals responsible for hiring are aware of both the state and federal rules pertaining to youth employment and that all supervisors are properly trained with respect to the scope of appropriate work for minors, as well as with respect to scheduling issues.  

Please remember that employers must comply with both the federal and state laws governing youth employment and that these laws are not identical.  This means that employers must comply with whichever youth employment law (federal or state) provides the greatest protection for the youth.

Although both laws define a “youth” to be any individual under the age of 18, the specific restrictions are different for 16 and 17-year-old workers compared to those under 16 years of age.  In general, any youth under the age of 14 may not work in New Hampshire (casual work, and newspaper delivery).  Additionally, most youths may not perform “hazardous” work, such as, but not limited to, commercial driving, excavation, manufacturing explosives, and operating many types of power-driven equipment.  

Specific Laws Governing 14- and 15-Year-Olds

Type of Work Allowed

• Non-manufacturing, non-mining, and non-hazardous jobs, such as found in retail stores, offices, restaurants, movie theaters, amusement parks, and gasoline service stations. For more information about jobs suitable for minors, see here.
• Auto Industry Specific Jobs: US DOL regulations provide that 14- and 15-year-old youth may work in jobs connected with cars and trucks if confined to the following: dispensing gasoline and oil; courtesy service; car cleaning, washing, and polishing by hand.

Type of Work Not Allowed

• No baking or cooking (except with gas or electric grills that do not involve an open flame), work with freezers or meat coolers, or work in meat processing areas, or operate, set-up, adjust, clean, oil or repair power-driven food slicers, grinders, choppers, cutters, or bakery mixers or any other activity classified as a “hazardous occupation.”
• No work in warehouses, communications or public utilities jobs, construction or repair jobs, or jobs in which they drive a motor vehicle, or operate power-driven machinery or hoisting apparatus (other than typical office machines).
• No work loading and unloading goods to and from trucks or conveyors.

Hours Allowed & Limitations

• Up to 3 hours on a school day and up to 18 hours per week during a school week.
• Up to 8 hours on a non-school day and up to 40 hours per week during a non-school week.
• No work before 7:00 AM and after 7:00 PM, except from June 1 through Labor Day, when they can work as late as 9:00 PM.
• "Week" is defined as any fixed and regularly occurring 168-hour period that is the same as the employer's workweek. 

Specific Laws Governing 16- and 17-Year-Olds

Type of Work Allowed

• May engage in any work not classified as a “hazardous activity” (or separately regulated, such as serving alcohol).
• Occasional driving by minors at least 17 years old during daylight hours within limitations outlined by DOL Fact Sheet #34.
• Auto Industry Specific Jobs: US DOL stated in a 1986 FLSA opinion letter that 16- and 17-year-olds may operate electric, pneumatic, and hydraulic lifts in service stations, and electric doors. NH DOL has also clarified driving and lift operation restrictions for 16- and 17-year-olds as explained in this 2017 NHADA article.

Type of Work Not Allowed*

• Work classified as hazardous including but not limited to power-driven woodworking metal-forming, punching, and shearing machines, forest, logging, and sawmilling operations, and unloading or operating balers and compactors.
  *Limited apprentice/student-learner exemptions may apply. 

Hours Allowed & Limitations

• No more than 35 hours during a workweek when school is in session for the whole week.
• During school vacations and between June 1st through Labor Day, no more than 6 consecutive days or 48 hours in any one week. (There is an exception for youths who reside and work at a summer camp for minors.)
• Youth not enrolled in school may not work more than 10 hours a day or 48 hours in a week in any manual or mechanical labor in manufacturing and no more than 10¼ hours per day or 54 hours in a week, if any manual or mechanical labor in nonmanufacturing environments. If a youth worker has more than one job, this limitation still applies to all employers. See RSA 276-A:11 and RSA 276-A:12.

Posting Requirements

NH employers are required to post in a conspicuous place in every room where youths are employed a printed notice stating the hours of work, the time allowed for dinner or other meals, and the maximum number of hours any youth is permitted to work in any one day.

Youth Employment Certificates

New Hampshire requires most youths under the age of 16 to acquire a New Hampshire Youth Employment Certificate within 3 business days of the first day of employment. The Certificate may be issued by principals of schools or their designee, or by a parent or legal guardian.

For 16- and 17-year-olds, the employer must obtain a signed written document from the youth’s parent or legal guardian permitting the youth’s employment and this permission form must be on file at the worksite prior to the first day of employment. Samples of both of these forms are available on the NH DOL website here (Forms and Publications/Youth Employment).

Other Considerations

Teenagers and young adults frequently possess limited exposure to professional environments, which may result in a lack of familiarity with workplace norms and safety protocols. As a consequence, they may struggle to discern what constitutes appropriate behavior and may be unaware of potential health and safety hazards present in the workplace.

Young workers may find themselves particularly prone to experiencing sexual harassment and discrimination in the workplace, often lacking the knowledge or confidence to address such misconduct. It is imperative for employers to prioritize comprehensive training for young employees, outlining company policies and reporting channels for instances of discrimination and harassment from the outset of their employment. By actively fostering an environment that encourages young workers to voice their concerns and promptly report any issues, employers can intervene early and effectively mitigate potential escalations of misconduct.

Safety training should be comprehensive with regular feedback and evaluation, including counseling and disciplinary action if unsafe behavior and/or violations of safety rules occur. OSHA provides guidance on employer responsibilities related to youth workers. For example, OSHA recommends employers label equipment that young workers are not allowed to operate.

Lastly, there may be exceptions to the minimum age requirements listed above for minors employed by their parent or by a person acting as their guardian.

Hiring Interns

In the pursuit of gaining practical work experience, many teenagers and young adults express interest in working as an unpaid summer “intern”. This arrangement, commonly regarded as mutually beneficial, provides interns with a chance to acquire invaluable experience while affording employers the aid of free enthusiastic support. However, unpaid internships may run afoul of federal and state wage and hour laws. Both the U.S. DOL and the NH DOL have issued guidance addressing when unpaid interns are allowed. In NH, organizations must receive approval from the NH DOL first. See US DOL Fact Sheet #71 and the NH DOL School-to-Work.

Penalties

Employers violating youth employment laws risk criminal and civil penalties, including fines and imprisonment. Under federal law, employers are subject to a civil money penalty of up to $15,629 per worker for each violation of the child labor laws. In addition, employers are subject to a civil money penalty of $68,801 for each violation that causes the death or serious injury of any minor employee. Federal law also provides for a criminal fine of up to $10,000 upon conviction for a wilful violation of child labor laws. For a second conviction for a wilful violation, the act provides for a fine of not more than $10,000 and imprisonment for up to 6 months, or both. State law also imposes civil and criminal penalties for violations of youth employment laws.

Source: Margaret "Peg" O’Brien, McLane Middleton, an NHADA Silver partner