The Minor Leagues: Making the Right Call When Hiring Teen Workers

Both state and federal law are important to an employer’s playbook when it comes to hiring workers under the age of 18. The regulations that apply depend on the age of the worker and the type of work they are being hired to perform. This article provides general guidance, but employers will need to look at the specific applicable laws before hiring teen workers.

Generally speaking, 14 is the minimum age of employment. There are certain narrow categories of work that children under the age of 14 can be employed to perform, such as delivering newspapers, casual babysitting or house chores, certain agricultural work if the child has parental consent, and modeling or acting. Employment by a business owned by one or both parents also permits some exceptions.

For workers 14 or 15 years of age, specific restrictions apply to both the type of work and when it can be performed. When school is in session, they may not work more than 3 hours per day or more than 18 hours per week; they may not work more than 8 hours per day or 40 hours per week when school is not in session. They may only work between 7:00 a.m. and 7:00 p.m. during the school year; and during the summer they may work between 7:00 a.m. and 9:00 p.m. Work must be performed outside of school hours unless specific limited exceptions apply or unless it is through approved work-study type programs.

For workers 16 and 17 years of age, the work hours are broadened. They may work starting at 5:00 a.m. on school days, and until 11:00 p.m. on evenings before school days. Written permission from a guardian can expand those windows by one half hour (to 4:30 a.m. and 11:30 p.m.).

In general, minors may not be employed in manufacturing, mining, positions involving heavy equipment or machines, or occupations deemed to be hazardous or detrimental to health or well-being. If a task is hazardous under the rules, minors cannot ever perform it; even as just an occasional pinch hitter. Specific rules also apply to positions involving driving or the sale, service, or handling of alcohol. Agricultural work also has some different rules, with less restrictions in terms of the time and amount of work.

Employers must obtain proof of age of any minor employee by either an age certificate or a copy of a birth certificate or driver’s license. Minimum wage requirements apply under Minnesota law and minors are also covered by the state’s other employment laws, including the Earned Sick and Safe Time statute.

Violations of the applicable regulations could cost a significant amount in fines. There can also be criminal liability if the violation is considered willful. Other prospective compliance measures may also be required by applicable agencies.

Ultimately, employers need to account for the industry and position for which they are looking to hire as well as the minor’s age. Accurate consideration of these factors is necessary in order to make the right call when hiring teen workers.

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