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Unpacking work restrictions for minors

July 2021 employment law letter
Authors: 
Jason R. Mau, Parsons Behle & Latimer

Q         We are a moving and storage company with offices in multiple states. If we were to hire minors (say 16 or 17), are there any limitations to the hours and duties they could perform?

A   Generally speaking, the hour limitations for 16- or 17-year-olds are similar under the Fair Labor Standards Act (FLSA) and the Department of Labor (DOL) regulations. The type of work minors are allowed to do, however, is limited. Specifically, the DOL prohibits hiring minors to work in hazardous occupations or in occupations it finds to be detrimental to their health such as mining, forestry, and roofing.

There are no hourly regulations singling out this group under Idaho law, which is similar to many other states including Colorado, Nebraska, South Dakota, and Texas. Additionally, these states don’t place any limitations on the type of work 16- and 17-year-olds can perform. State laws for duty limitations on 16- and 17-year-olds in other states are generally consistent with DOL regulations, but some specifically address individual state interests. For instance, Montana’s prohibitions for minors working in dangerous professions include, but are not limited to, logging and meat packing, unless they are student learners. In Nevada, minors are prohibited from distributing promotional materials that include alcoholic beverages for businesses such as gaming establishments, saloons, and resorts. Arizona, Iowa, Kansas, Minnesota, and others also have regulations on the type of work minors can perform.

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