Employers gearing up to hire college, high school and other younger workers for summer positions should confirm their compliance and other preparations are ready to cope with these younger workers.

Working effectively with young workers can provide great benefits to the employer, invaluable experience to the young worker, and tremendous community benefits.  However, working with young workers often creates additional legal requirements, as well as requires special planning to effectively manage workers inexperienced with coping with the workplace environment.

Federal Regulation of Employment of Children

With summer the time that youth employment traditionally peaks, employers hiring workers under age 18 should review their practices for compliance with federal and state child labor laws to minimize exposures to violations under special rules governing their employment of children under the Fair Labor Standards Act (FLSA), the Occupational Health & Safety Act (OSHA)  and other federal and state laws.  Many of these regulations have not only increased requirements in recent years, but also allow for stiff penalties against employers that violate rules governing the employment of children.  Under amendments to the FLSA enacted a few years ago, for instance, employers violating child labor laws now face tighter rules and increased penalties under these rules. Under Labor Department FLSA regulations for nonagricultural workers, for instance,  the employment of individuals under age 18 in hazardous nonagricultural occupations is prohibited. Individuals under age 16 may work only limited hours outside of school hours. Additionally, 14- and 15-year-olds may not work before 7 a.m. or later than 7 p.m. (9 p.m. from June 1 through Labor Day).  There are additional restrictions on the types of jobs and hours 14- and 15-year-olds may work.  Special rules also apply to the employment of children in agriculture.

Under tough new penalties announced by the U.S. Department of Labor on July 16, 2010, employers who illegally employ individuals ages 12 or 13 will face a penalty of at least $6,000 per violation. If a worker is under 12 years of age and illegally employed, the penalty will be at least $8,000. Penalties for illegally employing workers under age 14 could be raised to $11,000 under certain conditions.

Planning For Effective Management Of Young Workers

Employers hiring young workers also should consider the advisability of special planning or supervision to help make the engagement successful for both the employer and the young worker.  Young workers lack of experience with the expectations of the workplace or other immaturity may require special coaching or management.  Lack of experience with the position may require additional training.  Failing to address these needs can create performance issues or even safety issues if not properly handled.

The Department of Labor and various agencies have a wide range of resources to aid employers and communities in planning for youth employment.  It recently released a new program planning guide available at http://wdr.doleta.gov/directives/attach/TEN/TEN_28_13_Attachment.pdf.

As summer traditionally is a time when youth employment peaks, summer employment practices of employers that hire young workers makes it particularly important that employers of these young workers take steps to review their current practices to confirm their compliance with these new rules to minimize penalty exposures. If you need assistance with reviewing your organization’s child labor or other employment or employee benefit practices, please contact the author of this update, Board Certified Labor & Employment attorney Cynthia Marcotte Stamer at (469) 767-8872 or cstamer@solutionslawyer.net.

About the Author

Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, management attorney and consultant Ms. Stamer has more than 23 years experience working with employers, professional employment organizations, employee benefit plan sponsors and administrators and others on a wide range of labor and employment, employee benefits, and other management matters.  The Chair of the American Bar Association (ABA) RPTE Employee Benefits & Other Compensation Committee, a Council Representative on the ABA Joint Committee on Employee Benefits, Government Affairs Committee Legislative Chair for the Dallas Human Resources Management Association, the editor of Solutions Law Press HR & Benefits Update and, Ms. Stamer also is recognized for her publications, industry leadership, workshops and presentations on these and other health industry and human resources concerns. She regularly speaks and conducts training for the ABA, Institute of Internal Auditors, Society for Professional Benefits Administrators, Southwest Benefits Association and many other organizations.  Publishers of her many highly regarded writings on health industry and human resources matters include the Bureau of National Affairs, Aspen Publishers, ABA, AHLA, Aspen Publishers, Schneider Publications, Spencer Publications, World At Work, SHRM, HCCA, State Bar of Texas, Business Insurance, James Publishing and many others.  You can review other highlights of Ms. Stamer’s experience here.

If you need help with human resources or other management, concerns, wish to ask about compliance, risk management or training, or need legal representation on other matters please contact Cynthia Marcotte Stamer here or (469)767-8872.

Other Resources

If you found this information of interest, you also may be interested in reviewing other recent Solutions Law Press updates including:

• Encrypt Mobile Devices & Clean Up Management Documentation Key HIPAA Compliance Messages In New HIPAA Settlements
• Stamer Talks About “Handling Health Plan Spouse, Dependent & Other “Family” Matters in Post-DOMA World” at SPBA 2014 Spring Meeting
• Stamer Speaks On “Action Steps When A Client Stops Funding Claims” at 2014 SPBA Spring Meeting
• IRS Gives Ex Pat Plans Limited Exemption From ACA Reporting Rule
• PBGC Proposes Rules Allowing Lifetime Benefit Rollover Option For Defined Contribution Participant Account Balances
• ONC HIPAA Security Risk Assessment Tool Intended To Help Covered Entities Assess Compliance
• List of Countries Excluded From Foreign Earned Income Exclusion Minimum Time Requirements Published
• Some Sponsors Should Act by 3/31 To Withdraw Individually-Designed Cash Balance Plan Approval Request
• HHS Extends Health Plan Certification of Compliance Comment Period
• HIPAA Covered Entities Should Review & Correct HIPAA Policies In Response To New County Hospital Resolution Agreement, Other Developments
• NLRB Helps Union Force Another Health Care Employer To Recognize & Bargain With Union
• Hospital To Pay $75K For Refusing To Hire Disabled Child Care Worker
• Use Care Before Using “Skinny Plan” Option As Code Section 4980H Tool
• HHS Extends Proposed EDI Rule Time to 4/3 To Get More Input From Self-Insured Plans, TPAs
• New OCR Guidance Assigns More HIPAA Homework Health Plans, Providers, Business Associates and Employers

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile here or e-mailing this information here or registering to receive our Solutions Law Press distributions here. For important information about this communication click here.

©2014 Cynthia Marcotte Stamer. All rights reserved.

This entry was posted on Tuesday, May 6th, 2014 at 4:18 PM and is filed under Child Labor, Corporate Compliance, Employers, Human Resources, Internal Controls, Wage & Hour. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.