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Youth employment restrictions vary by state, so know your limits

July 2021 employment law letter
Authors: 
Jodi R. Bohr, Tiffany & Bosco, P.A.

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   The U.S. Department of Labor (DOL) is charged with the enforcement and administration of federal youth employment laws. Individual states may have youth employment laws similar to or more restrictive than federal law. In the event there’s a difference between federal and state law, the more restrictive provision applies and should be followed. For example, Arizona youth employment laws are more restrictive than federal law with respect to hazardous occupations.

There’s no restriction on the number of hours 16- or 17-year-olds can work under either federal or Arizona laws (except that, like all nonexempt workers, they must receive time and a half their regular rate for overtime). Some states may be more restrictive, so employers in other states should check their state statutes by going to https://www.dol.gov/agencies/whd/state. Individuals who are 14 or 15 years old may work only up to three hours on a school day and only up to 18 hours per week when school is in session. That limitation increases to eight hours on a non-school day, and 40 hours in a non-school week.

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