The Fair Labor Standards Act (FLSA) sets out the minimum wage laws that apply to minors in the United States. The FLSA establishes a federal minimum wage of $7.25 per hour for covered nonexempt employees, although some states have a higher minimum wage. Under the FLSA, employers can pay a youth minimum wage of $4.25 per hour to employees under 20 years of age during their first 90 consecutive calendar days of employment. After 90 days of employment, or when the worker turns 20, they must be paid the standard minimum wage. The FLSA also sets out strict standards for minors entering the workforce, including restrictions on the industries they can work in, the hours they can work, and safety requirements.
What You'll Learn
Minors under 14 years old
For non-agricultural work, minors under 14 can only engage in a limited number of occupations, including:
- Acting or performing in movies, TV, radio, or theatre
- Babysitting on a casual basis
- Delivering newspapers
- Making evergreen wreaths at home
- Working in a non-hazardous role for a business owned by their parents, excluding mining, manufacturing, or any of the 17 hazardous occupations listed by the FLSA
In agricultural work, minors under 14 can take on any non-hazardous job, as long as they have parental consent or their parent or guardian works on the farm. Minors of any age can work on a farm owned and operated by their parent or guardian.
The FLSA requires employers to post the Minimum Wage Poster, listing minimum age requirements, in a visible place at the worksite. This ensures that employees are aware of their rights and that employers are complying with the law.
It's important to note that state laws may have additional protections for minors, and in cases where state law and the FLSA overlap, the law providing the most protection to minors will prevail.
The Legal System: Unfair to the Less Fortunate?
You may want to see also
Minors 14 to 15 years old
In the United States, the Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour for all covered and non-exempt employees. Employers must pay at least the federal minimum wage for all hours worked, except under certain circumstances. For example, employers can pay employees based on an hourly rate, a day rate, or a salary, and their earnings must average at least the applicable minimum wage.
Under the FLSA, employers can pay employees under 20 years of age a youth minimum wage of $4.25 per hour during the first 90 consecutive calendar days of employment. This means that 14 and 15-year-olds can be paid this youth minimum wage for their first 90 days of work. After the 90-day period or when the employee turns 20, whichever comes first, the employee must be paid at least the federal minimum wage of $7.25 per hour.
It is important to note that some states and cities have higher minimum wage requirements and do not make exceptions for youth workers. In such cases, the higher state or local minimum wage would apply. Additionally, certain full-time students, student learners, apprentices, and workers with disabilities can be paid less than the minimum wage under special certificates issued by the Secretary of Labor.
In terms of working hours, 14 and 15-year-olds have several restrictions. They can only work outside of school hours and are limited to specific daily and weekly maximums. For example, they cannot work more than 3 hours on a school day or more than 18 hours per week when school is in session. The allowable work hours are also restricted to before 7:00 a.m. or after 7:00 p.m. on any day, with an extension to 9:00 p.m. from June 1 through Labor Day.
The types of jobs available to 14 and 15-year-olds are also limited, especially in occupations that are hazardous or declared as such by the Secretary of Labor. Some permissible jobs include retail occupations, intellectual or creative work, errand or delivery work, clean-up and yard work, and certain kitchen and food service tasks.
In the UK, the rules are different. Children under the minimum school leaving age are not eligible for the National Minimum Wage. The minimum school leaving age is typically when a child reaches 16, but it can vary depending on the specific circumstances and region. Before reaching the minimum school leaving age, young people can only do "light work" that does not affect their health, safety, or education. They are also subject to restrictions on daily and weekly working hours, with a maximum of 12 hours per week during term time and specific limits for weekdays, Saturdays, and Sundays.
Understanding Minimum Wage Laws for 1099 Contractors
You may want to see also
Minors 16 to 18 years old
Minors aged 16 to 18 years old are considered young workers. They are no longer subject to the same restrictions as 14 and 15-year-olds, who can only work during school holidays and for a limited number of hours. Young workers can work up to eight hours a day or a total of 40 hours over the course of a week. They are also allowed to work in places like busy shops, restaurant kitchens, or as waiters and waitresses.
In the US, federal law states that 16 and 17-year-olds can be employed for unlimited hours in any occupation that has not been declared hazardous by the Secretary of Labor. Some of the hazardous jobs that are prohibited include coal mining, most occupations in forest firefighting, logging, and sawmilling operations, as well as the operation of power-driven equipment.
The Fair Labor Standards Act (FLSA) allows employers to pay employees under 20 years of age a youth minimum wage of $4.25 an hour during the first 90 consecutive calendar days of employment. After 90 days of employment or when the worker turns 20, they must be paid the minimum wage. Employers are prohibited from displacing any employee or reducing their hours, wages, or benefits to hire someone at the youth minimum wage.
In the UK, there is no National Minimum Wage for people under 16 who are younger than the school-leaving age. Once a young worker is over the school-leaving age, they become eligible for the National Minimum Wage, and the rate will depend on their exact age.
Labor Laws: Do They Extend to Military Personnel?
You may want to see also
Youth minimum wage
The Fair Labor Standards Act (FLSA) allows employers to pay a youth minimum wage of $4.25 an hour to employees under 20 years of age during their first 90 consecutive calendar days of employment. After 90 days of employment or when the worker turns 20, whichever comes first, the employee must be paid the standard minimum wage. This law applies to all employers covered by the FLSA, unless prohibited by state or local law.
The youth minimum wage is designed to prevent the loss of employment opportunities for young people and to provide a learning experience under controlled and regulated conditions. It is important to note that employers are prohibited from displacing any employee or reducing their hours, wages, or benefits to hire someone at the youth minimum wage.
In addition to the federal law, state laws may have their own rules and protections for youth workers. Some states require a higher minimum wage and do not allow exceptions for youth workers. In these cases, the higher state or local minimum wage would apply.
The rules for employing minors vary by age and the type of task. Youth workers under 14 years old, for example, are restricted to delivering newspapers, babysitting, acting, making wreaths at home, or working for a parent-owned business, excluding mining, manufacturing, or hazardous occupations. 14 and 15-year-olds have further restrictions on their working hours, such as not working during school hours and not working more than three hours on a school day.
Certain full-time students, student learners, apprentices, and workers with disabilities may be eligible for a sub-minimum wage, which is a special certificate from the Secretary of Labor that allows them to be paid less than the minimum wage.
When Drugs Are Involved, Do Dram Shop Laws Apply?
You may want to see also
Child labor laws
State laws also have rules for businesses that employ minors, and these rules prevail when they offer greater protection to young workers than federal law. Some states require a higher minimum wage and do not allow exceptions for youth workers. Federal law does not require a work permit for minors, but some states do.
The FLSA restricts the number of hours that children under 18 can work per day and the types of jobs they can do. For example, 14- and 15-year-olds cannot work over 8 hours a day, with no more than 3 hours on a school day, and over 40 hours a week, with no more than 18 hours per week while in school. They also cannot work before 7 a.m. or after 7 p.m. (extended to 9 p.m. from June 1 to Labor Day). Federal law does not restrict how many hours 16- to 18-year-olds can work, but most states have their own laws regarding working hours for this age group.
Federal law also prohibits minors under 18 from performing tasks and jobs deemed too dangerous, including storing or manufacturing explosives, driving a motor vehicle, logging and sawmilling, operating certain types of machinery, and working with hazardous substances.
Does Justin Bieber Stand Above the Law?
You may want to see also
Frequently asked questions
The federal minimum wage for minors is $4.25 per hour for the first 90 consecutive calendar days of employment. After 90 days of employment, or when the worker turns 20, they must be paid the standard minimum wage of $7.25 per hour.
Some states have a minimum wage that is higher than the federal minimum wage, so employers must pay the state minimum wage if it is higher. Additionally, certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates from the Secretary of Labor.
The Fair Labor Standards Act (FLSA) sets specific rules for the types of jobs minors can do, depending on their age. Minors under 14 years old can work in non-hazardous jobs with parental consent, and they can also work on a farm owned by their parents. 14 and 15-year-olds can work in retail, creative or intellectual work, delivery work, kitchen and food service, and some work involving cars and trucks. 16-year-olds and above can perform any job at any farm, and there are no hour or hazardous job restrictions for 16 and 17-year-olds.
Minors aged 14 and 15 can work outside of school hours in their resident school district. They cannot work more than 3 hours per day on school days, over 18 hours a week when school is in session, or more than 8 hours per day when school is not in session. For 16 and 17-year-olds, there are no restrictions on working hours.