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Is it OK to hire a Teen worker?
Every year, millions of teens work in part-time or summer jobs.
If you are an employer hiring young workers, you should know the laws and your responsibilities as an employer.
Hours restrictions are the same for all youth including migrant
children. Here is a brief look at the age restrictions that teens have in doing specific kinds of
occupations.
Hours restrictions on Non-Agricultural Employees
Workers 18 Years of Age or older - may perform any job, whether hazardous or not, for unlimited hours.
Youth 16 and 17 Years of Age - may perform any Non-hazardous job for unlimited hours.
Here is a brief list of Hazardous Occupations.
There are exceptions that apply in Maintenance & Groundskeeping and also
work tasks listed here.
Youth 14 and 15 Years of Age - 14 and 15 year olds are restricted on the Hours
they may work and MAY NOT be employed in Hazardous Occupations, and other
occupations like those listed here.
Youth under 14 Years of Age - Workers under the age of 14 MAY NOT be employed in any occupation
except in very limited occupations listed here.
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Hours restrictions on Agricultural Employees
- Once a young person turns 16 years old, he or she can work on any day, for any number of hours and in any job in agriculture.
- A youth 14 or 15 years old can work in agriculture, on any farm, but only during hours when school is not
in session and only in non-hazardous jobs.
- If the youth is 12 or 13 years of age, he or she can only work in agriculture on a farm if a parent
has given written permission, or a parent is working on the same farm. Again, the work can only be
performed during hours when school is not in session and in non-hazardous jobs.
- If the youth is younger than 12, he or she can only work in agriculture on a farm if the farm is not
required to pay the Federal minimum wage. Under the FLSA, "small" farms
(are exempt from the minimum wage requirements). "Small" farm means any farm that did not use more than 500 "man-days" of agricultural
labor in any calendar quarter (3-month period) during the preceding calendar year. "Man-day" means any
day during which an employee works at least one hour. If the farm is "small," workers under 12 years of
age can be employed in non-hazardous jobs, but only during hours when school is not in session, and only
with a parent's permission.
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Do teen workers require work permits?
Generally speaking, No.
If you want to hire a teen worker as a
student learner or as an apprentice however, you should check with the teen's school guidance counselor or
work-based learning coordinator, or The Montana
Apprenticeship & Training Program for information and development of any written agreements that may
be necessary.
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What exactly is "Employment"?
According to State of Montana Laws, the term "Employed" or "Employment" is
defined as an occupation engaged in, permitted, or suffered, with or without compensation in money or
other valuable consideration, whether paid to the minor or to some other person, including but not
limited to occupations as servant, agent, subagent, or independent contractor.
The terms "Employed" or "Employment" do NOT mean work that consists of
casual, community service, non-revenue raising, uncompensated activities.
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Do the Child Labor Laws apply?
State of Montana and Federal Child Labor Laws apply to ALL persons who are
under 18 years of age.
Only 14 and 15 Year Olds are restricted on their Working Hours.
ALL workers under age 18 May NOT work in Hazardous Occupations
Exceptions are:
- Workers 14 and 15 years may perform work in any* Agricultural employment
if ALL of the following conditions are met:
- Must be enrolled in a K-12 career and vocational/technical education training program in
agriculture under a recognized state or local educational authority or in a substantially similar
program conducted by a private school.
- Must be employed under a written agreement, providing that the work of the
student-learner is secondary to the training; the work must be intermittent, for short periods of time,
and under the direct and close supervision of a qualified and experienced person;
- Safety instruction must be given by the school and associated by the employer with on-the-job training;
and a schedule of organized and progressive work processes to be performed on the job has been prepared;
- The written agreement must contain the name of the student-learner and signed by both the employer
and the school coordinator or principal with copies of each agreement kept on file both by the
educational authority or school and also by the employer.
*These prohibitions do not apply to the employment of a minor who is 14 or 15 years of age in those
occupations in which the minor has successfully completed a work training program, including safety
instruction and training in the use of machinery, under the 4-H program of the federal extension
service, a program of the United States department of education, or a similar program if the safety
program has been approved by the department and if the minor is employed outside school hours on the
equipment for which the minor has been trained.
Workers 16 and older may perform work in any Agricultural employment.
16 and 17 year old apprentices or student-learners* may work in any occupation if ALL of the following conditions are met:
Apprentices:
- Must be employed in a craft recognized as an apprenticeable trade;
- The work done must be secondary to the training;
- The work must be intermittent, for short periods of time, and under the direct and close supervision
of a journeyman as a necessary part of the apprentice training;
- Must be registered by the bureau of apprenticeship and training of the United States department of
labor as employed in accordance with the standards established by that bureau, or is registered by the
department as employed in accordance with the standards of the department;
Student-learners*:
- Must be enrolled in a course of study and training in a cooperative vocational training program
under a recognized state or local educational authority, or in a course of study in a
substantially similar program conducted by a private school;
- Must be employed under a written agreement, providing that the work of the
student-learner is secondary to the training;
- The work must be intermittent, for short periods of time, and under the direct and close supervision
of a qualified and experienced person;
- Safety instruction must be given by the school and associated by the employer with on-the-job training;
and a schedule of organized and progressive work processes to be performed on the job has been prepared;
- The written agreement must contain the name of the student-learner and signed by both the employer
and the school coordinator or principal with copies of each agreement kept on file both by the
educational authority or school and also by the employer.
*The exemption for student-learners as described above may be revoked by the department in any
situation if the department finds that reasonable precautions have not been observed for the safety of
the student under the exemption.
*A high school graduate who is 16 or 17 years of age may be employed in any occupation in which
the graduate has completed training as a student-learner.
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Are there specific hours a teen may work?
Federal child labor laws protect younger teens from working too long,
too late, or too early. Montana has laws on the hours that teens may work.
Workers 16 and older are NOT restricted on the hours they may work.
Workers 14 and 15 years old are restricted by the hours shown below.
(Note that there are exceptions for students in work experience programs.)
| Work Hours |
Not before 7 a.m. or after 7 p.m. (except as listed below)
May work 7 a.m.-9 p.m. June 1 through Labor Day
Not any time during school hours (except as listed below)
A minor who is 14 or 15 years of age and who is enrolled in and employed pursuant to a
school-supervised and school-administered work experience or career exploration program approved
by the Department or the Office of Public Instruction may be employed up to 23 hours in 1-week
when the program is in session; any portion of which may be during school hours.
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| Maximum Hours When School Is In Session |
3-hours per day on school days
8-hours per day on non-school days
18-hours per week, but not over:
40-hours per week in non-school weeks
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Maximum Hours When School Is Not
in Session |
8-hours per day
40-hours per week
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Is it OK for teens to do any kind of work?
No. There are laws that protect teens from doing dangerous work.
No worker under 18 may:
- Drive a motor vehicle as a regular part of the job or operate a forklift at any time.
- Operate many types of powered equipment like circular or power saws, box crushers, meat slicers,
or bakery machines.
- Work in wrecking, demolition, excavation, or roofing.
- Work in mining, logging, or a sawmill.
- Work in meat-packing or slaughtering.
- Work where there is exposure to radiation.
- Work where explosives are manufactured or stored.
Also, no one 14 or 15 years old may:
- Bake or cook on the job (except at a serving counter).
- Operate power-driven machinery, except certain types which pose little hazard such
as those used in offices.
- Work on a ladder or scaffold.
- Work in warehouses.
- Work in construction, building, or manufacturing.
- Load or unload a truck, railroad car, or conveyor.
For more comprehensive information on Child Labor Requirements in Non-Agricultural Occupations,
Click Here. If you are
unsure about hiring a teen for a job, it's a good idea to check with your Legal Counsel,
a Job Service Workforce
Consultant, or the Montana Department of Labor &
Industry to make sure that it is lawful.
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Are there other jobs not allowed?
If you hire workers under age 16, there are many other
restrictions regarding the type of work that teens can and cannot do. For youth under age 14,
there are even stricter laws to protect their health and safety.
Here are some other types of work that Teens are not allowed to do.
All States have their own child labor laws which can be stricter than federal laws. If you are unsure about hiring a teen for a job, it's a
good idea to check with your Legal Counsel, a Job Service Workforce
Consultant, or the Montana Department of Labor & Industry
to make sure that it is lawful.
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What about Agricultural jobs?
Minors who are 14 and 15 years old may not work in the
following Agricultural jobs:
Felling, bucking, skidding, loading or unloading timber with a butt
diameter of more than nine inches; repairing a building from a ladder or scaffold at a height of more
than twenty feet; working inside a fruit, forage or grain storage structure designed to retain an oxygen
deficient or toxic atmosphere; working inside a silo within two weeks after silage has been added or
when a top loading device is in operating position; handling or using a blasting agent including but
not limited to dynamic, black powder, sensitized ammonium nitrate, blasting caps or primer cord; or
transferring or applying anhydrous ammonia.
Exemptions from some of the hazardous occupations apply for 14 and 15 year old student learners
enrolled in vocational agriculture programs when certain requirements are met.
Minors aged 14 and 15 who hold certificates of completion of training under a 4-H or vocational
agriculture program may work outside school hours on equipment for which they have been trained.
For more comprehensive information on Child Labor Requirements in Agricultural Occupations,
Click Here. If you are unsure
about hiring a teen for a job, it's a good idea to check with your Legal Counsel, a Job Service Workforce
Consultant, or the Montana Department of Labor & Industry
to make sure that it is lawful.
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What about Construction jobs?
Youth age 18 and older may perform any work in construction.
Minors age 16 and 17 may work in the construction industry and on
construction sites, but there are several tasks or jobs that are deemed to be too hazardous for
them to perform, such as:
- Working in occupations involving the mixing, handling or transporting of explosive compounds;
- Driving a motor vehicle or working as an outside helper (17 year olds may drive automobiles and
trucks on an incidental and occasional basis if certain criteria are met);
- Operating an elevator, crane, hoist, or forklift;
- Operating power-driven woodworking machines and metal forming, punching, and shearing machines -
including portable machines;
- Operating power-driven circular and band saws and guillotine shears, including portable machines;
- Working in wrecking, demolition, and shipbreaking;
- Working in roofing and on or about a roof;
- Working in excavation.
Minors under 16 years of age may only perform office or sales work in
the construction industry. Montana rules also limit the number of hours and times of day that
such youth may be employed.
Note: This is not the complete list of hazardous occupations and there are some exceptions provided for
16 and 17 year olds who are apprentices and bona-fide student learners.
For more comprehensive information on Child Labor Requirements in Non-Agricultural Occupations,
Click Here. If you are
unsure about hiring a teen for a job, it's a good idea to check with your Legal Counsel,
a Job Service Workforce
Consultant, or the Montana Department of Labor &
Industry to make sure that it is lawful.
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What are my Responsibilities as an Employer?
By law, as an employer you must provide:
- A safe and healthful workplace.
- Safety and health training, in many situations, including providing information on chemicals
that can be harmful to worker health.
- For many jobs, payment for medical care if a worker gets hurt or sick on the job. An injured or sick
worker may also be entitled to lost wages.
- At least the current Montana State minimum wage of $7.35 per hour (increased to $7.35
per hour on 01/01/11), for most teens. There are some exceptions where lower wages may be allowed for
certain workers. Call Us for more information on minimum
wages.
You must also:
- Complete and submit all required New Hire information.
- Provide a workplace free of discrimination.
- Provide a workplace free of sexual and other types of harassment.
- Allow workers to refuse to work if they consider the job immediately dangerous to their life or health.
- Allow workers to join or organize a union.
- Allow workers to speak up and report workplace problems without fear of retaliation or punishment.
For more information about teen worker rights, please visit: http://www.osha.gov/SLTC/teenworkers/youngworkers_rights.html
For Tips on complying with Youth Employment Laws Click Here.
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What are my Safety Responsibilities as an Employer?
To provide a safe workplace, you should:
- Participate in the development and implementation of safety programs that will meet the specific
needs of your workplace.
- Follow all safety rules and instructions.
- Provide each new employee with a general safety orientation containing information common to all
employees and appropriate to the business operations, before they begin their regular job duties.
- Offer continuing and on-going regular safety training to employees.
- Keep records of the training of new employees, safety meetings, and suggestions for improving safety in your
workplace. (These records do not have to be sent to any state agencies)
- Provide safety equipment and protective clothing when needed.
- Look out for your workers and do everything.
- Insure that all work areas are kept clean and neat.
- Know what to do in an emergency.
- Take immediate action on any health and safety hazard that is reported.
- Insure periodic self-inspection of your workplace for hazard assessment at least once annually.
For more information on preventing injuries and deaths of Teen workers visit:
NIOSH Young Worker Safety and Health
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| Type of Work |
Examples of Hazards |
| Janitor/Clean-up |
- Toxic chemicals in cleaning products
- Blood on discarded items
- Worn or broken equipment
- Wet floors
- Heavy lifting
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| Food Service |
- Slippery floors
- Hot cooking equipment
- Sharp objects
- Food processing machinery
- Cold storage items
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| Retail/Sales |
- Heavy lifting
- Boxes stacked high up
- Sharp objects
- Machinery such as box balers & forklifts
- Criminal Activity
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| Office/Clerical |
- Lifting and reaching
- Overloaded power strips
- Cables and cords
- Worn or broken chairs
- Poor computer work station design
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For more information about workplace hazards, please visit:
http://www.osha.gov/SLTC/teenworkers/hazards.html
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Why do workplace injuries occur?
Every year about 70 teens die from work injuries in the United
States. Another 70,000 get hurt badly enough that they go to a hospital emergency room.
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Here are some examples of serious on-the-job injuries.
What tasks should these workers not be doing?
- A 16-year-old caught her hand in an electric cabbage shredder at a fast food restaurant.
Her hand was permanently disfigured and she'll never have full use of it again.
- A 17-year-old lost his life while working as a construction helper. An electric shock killed
him when he climbed a metal ladder to hand an electric drill to another worker.
- A 16-year-old was assaulted and robbed at gunpoint at a sandwich shop. She was working alone
after 11 p.m.
Why do injuries like these occur?
Teen workers are often injured on the job due to unsafe equipment,
stressful or unsafe conditions, and fast-paced working conditions. Also, teens may not receive adequate
safety training and/or supervision while on the job.
Teen workers are much more likely to be injured when:
- Working in a job not allowed by law.
- Occassionally do a task that they should not be doing.
- Working alone or unsupervised.
- Working at a unsafe pace.
- They have not been properly trained in your workplace's safety practices and procedures.
For more information about job safety, please visit:
OSHA For Employers
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Where can I get help with employment issues?
For more information on labor laws, rules and workplace safety:
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