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Summer Employment of Youth
Hiring any youth this summer for your library? If so, you should be aware of state and federal laws related to where and when a teen is allowed to work. (Things are a lot more complicated than when I used to work during the summer!) Actually these laws apply to hiring youth any time of year and are designed to protect them from dangerous jobs, too-long hours, etc.
Here are some of the guidelines. (I won’t list them all but will list resources for you to check out for more detail.):
14- and 15-year-olds can work outside school hours only; after 7 AM until 7 PM (9 PM between June 1 and Labor Day); up to 3 hours per day on a school day; up to 18 hours in a school week; and up to 40 hours in a non-school week.
Teens 13 years or younger can baby-sit, deliver newspapers, or work as an actor or performer.
14- and 17-year-olds may work in a variety of jobs (e.g., in offices, grocery stores, retail stores, restaurants, etc.); however, they are prohibited from working in jobs declared hazardous by the Secretary of Labor (e.g., mining, meat packing or processing, using power-driven bakery machines or paper-product machines, roofing and excavation operations, and most driving.)
Once a youth reaches 18 years of age he or she is no longer subject to the Federal youth employment laws.
Employers must be concerned with two different forms in regard to the employment of youth: an “Employment Certificate (for Minors 14 and 15 Years of Age)” which is completed and issued by the public school superintendent of the school district in which the youth is located, and the “NOTICE: Hours of Employment for Children Under Sixteen Years of Age” which must be posted in the youth’s place of employment. The first form, which covers information such as name and address of the minor and of the employer, work hours, wage rate, proof of age, grade completed, place of birth, physical appearance, name of parent(s), telephone number, etc., is valid for one year and is held by the school superintendent’s office. The second form must be posted in the place of employment where other personnel-related documents are posted; it lists the name of each youth employed, number of hours of work each day, start and stop times, and time allowed for meals. Regulations used to mandate that this form be posted where the public could see it, but because of concern for the safety of the youth, public posting is no longer required.
One additional fact you should know — even if the student you plan to hire attends a parochial school or is home-schooled, the Employment Certificate mentioned above must be held by superintendent of the public school in which that student resides.
The facts above were taken from the Nebraska Department of Labor’s website and from several phone calls with that office. Additional useful information can also be found in the May 2007 issue of Nebraska Municipal Review in the article, “Complying with youth employment laws.” As the attorney author of that article says (which also applies to this blog), this information “is not intended to provide legal advice to our readers.” If you have any questions related to this topic, check with your city legal counsel.