As the summer months are upon us, many companies are looking to high school and college students to meet seasonal demands or work on special projects.  Before hiring teenagers, employers should familiarize themselves with federal and state laws governing child labor and safety regulations and the DOL definition of “internships”.

State and Federal Child Labor Regulations

In many states, regulations governing the employment of minors differ from the Fair Labor Standards Act’s (FLSA) requirements — so employers should abide by whichever (federal vs. state) is the most stringent.  We will be describing the regulations affecting Texas employers.  Please contact one of our consultants if you are in need of regulations for additional states.

In Texas, employers may not permit 14- or 15-year-old minors to work more than eight hours in one day or 48 hours in one week. Also, employers may not permit 14- or 15-year-old minors enrolled in a term of school to work between 10 p.m. and 5 a.m. on a day that is followed by a school day or between midnight and 5 a.m. on a day that isn’t followed by a school day.

Employers may not permit 14- or 15-year-olds not enrolled in summer school to work between midnight and 5 a.m. on any day during the time school is recessed for the summer. However, the minor may apply for a hardship exemption, and if the commission finds a hardship exists for the minor the restrictions do not apply.

Children aged 11 or older may deliver newspapers to customers on established routes. Children aged 14 or 15 may perform office and clerical work, some kitchen work, cashiering, bagging and carrying out customer orders, among other tasks, as long as it takes place during certain hours. Children aged 16 or 17 can perform work for any number of hours, as long as it is not deemed hazardous by the Department of Labor (DOL).

Certificate of Age

Although it’s not a federal or Texas state requirement, we do recommend that employers ask applicants or employees between the ages of 14 to 17, to furnish a Certificate of Age.  The purpose of these certificates is to protect the employer from prosecution for employing an under-aged worker. The possession of an age certificate constitutes a good faith effort to comply with minimum age requirements.

Texas teens may obtain a certificate from the Texas Workforce Commission by completing an application, furnishing proof of age through either a birth certificate, baptismal certificate showing date of birth, life insurance policy insuring life of the child with the date of birth, passport or certificate of arrival in the U.S., or a school record or school census record of age with sworn parental statement and physician’s certificate of age.  A recent photograph, full face and head shot, approximately 1½ inches by 1½ inches (color or black and white) is also required.

Internships

Traditionally, many companies have hired individuals as unpaid Interns, with both parties thinking that the experience gained by the individual was worth not being paid for the job performed. However, the DOL is clear on the qualifications required for a working relationship to be classified as an internship, rather than regular employment.  Click here to read the complete DOL Fact Sheet.  The six criteria which must be applied to begin the determination process are:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;

2. The internship experience is for the benefit of the intern;

3. The intern does not displace regular employees, but works under close supervision of existing staff;

4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;

5. The intern is not necessarily entitled to a job at the conclusion of the internship; and

6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

One more tip for employers of teens: Be sure all regular employment policies are communicated, including your policy regarding phone calls and texting during working hours.

Summertime is an optimal time for teenagers to begin to experience the “real world” of working, and that employment can be mutually beneficial for individuals and the company.  However must ensure compliance with applicable laws and regulations.  If you have further questions, please contact our office.