With summer fast approaching, employers will likely see an influx of applications for minors seeking summer jobs. While employing minors is a common trend for many businesses throughout the year, there are some key points that are helpful to understand for current or future employment of minors.
Both federal and state laws on child labor are designed to protect the nation’s youth from exploitation and hazardous working environments, while also ensuring each child’s educational responsibilities and opportunities are safeguarded.
Under Oklahoma’s Child Labor Law, the minimum age for employment of minors is 14. Oklahoma lays out very specific employment parameters for employing minors under the age of 16, such as: the minor is only allowed to work up to three hours on school days and up to eight hours on weekends (or days in which school attendance is not required, such as holidays and seasonal breaks); they may only work a maximum of 18 hours in a school week and up to 40 hours a week if school is not in session. Minors under 16 are not allowed to work overtime. From the Tuesday after Labor Day to May 31st of the following year, they can only work between the hours of 7:00 a.m. and 7:00 p.m., and from June 1st to Labor Day, they can only work between the hours of 7:00 a.m. and 9:00 p.m. Employers must also abide by specific break laws for minors under 16, including a one-hour cumulative rest period for eight consecutive hours worked, or a 30-minute rest period for five consecutive hours worked. Notably, these restrictions are not applicable to minors ages 16 years or older.
Minors under the age of 16 are also prohibited from holding positions related to construction; cooking or baking; fryers or grills; hoisting devices; ladders or scaffolds; lawn mowers and weed eaters (other than working for self); loading and unloading; manufacturing, mining, or processing; motor vehicles or service as helpers on vehicles; power-driven machines or equipment; public messenger service; public utilities and communications; slicers or sharp knives; transportation of persons or property by rail, highway, air, water, pipeline or other means; warehousing or storage. Additionally, while minors ages 16 years or older are not necessarily prohibited from working these positions, it is important to know there are 17 hazardous occupations in which a person must be at least 18 years of age to be employed, but there are some exemptions. One occupation that would likely have the greatest effect on employers is the prohibition of employing minors in a position that involves operation of a motor-vehicle, even if it is just as an outside helper. Information on all restricted occupations and exemptions can be found on the Oklahoma Department of Labor’s website.
Of equal importance is the requirement that employers obtain age and schooling certificates before employing any child under the age of 16. An employer may request an age certificate of any minor-aged child if they feel the need. In fact, under the Fair Labor Standards Act, an employer should obtain a certificate if they have any reason to believe a minor’s age is below the minimum requirement for the position in which they are to be employed.
It is the responsibility of the parent or legal guardian to provide an employer such certificates. These certificates are to be kept on file by the employer for inspection, along with a registry of the names and ages of all children employed under 16. If a minor child’s employment is terminated, the employer is to surrender the child’s certificates back to the parent or legal guardian.
Tanya S. Bryant is an attorney with Crowe & Dunlevy, crowedunlevy.com, and a member of the Labor & Employment Practice Group.
Renee Mangham is a Certified Paralegal with Crowe & Dunlevy, crowedunlevy.com, and a member of the Labor & Employment Practice Group.
The foregoing should not be understood as, or considered a substitute for, legal advice. For specific inquiries, please contact attorney Tanya S. Bryant at Crowe & Dunlevy or another licensed attorney.