Important Reminders if Employing a Minor
February 10, 2023
By Heather Nezich, courtesy SBAM Approved Partner ASE
A local Culver’s is in trouble with the law for breaking laws protecting working minors. The company has to pay $13,212 in civil money penalties for allowing crew members ages 14-15 to work longer hours than is legally permitted.
Upon investigation by the U.S. Department of Labor Wage and Hour Division, it was found that the Culver’s located in Wixom, MI violated the Fair Labor Standards Act with the following:
- Scheduled minors to consistently work more than 3 hours on a school day
- Scheduled minors to work more than 18 hours in a school week
- Scheduled minors to work more than eight hours on a non-school day
- Scheduled minors to work later than 7 p.m. during the school year
- Scheduled minors to work later than 9 p.m. from June 1 through Labor Day
Michigan child labor law stipulates that:
Minors Ages 14-15
- A minor under 16 years must not be employed in an occupation subject to the Michigan Youth Employment Standards Act for more than 6 days in 1 week and no more than 10 hours in 1 day with an average of 8 hours per day. (Note: Federal Law stipulates that 14- and 15-year-olds may not work more than 8 hours on a non-school day.)
- The minor must not be employed between the hours of 9 p.m. and 7 a.m. (Note: Federal law stipulates 7 p.m. – 7 a.m. except for June 1 through Labor Day when it’s extended to 9:00 p.m.)
- A minor who is a student in school must not be employed more than a combined school and work week of 48 hours during the period when school is in session. (Note: Federal Law stipulates a max of 18 hours per week when school is in session and 40 hours per week when school is not in session.)
Minors Ages 16-17
- A person must not employ a minor 16 years of age or older for more than any of the following periods:
- Six days in 1 week.
- An average of 8 hours per day in 1 week.
- Ten hours in 1 day.
- 48 hours in 1 week; however, if the minor is a student in school and school is in session, 24 hours in 1 week.
- A person must not employ a minor 16 years of age or older between 10:30 p.m. and 6 a.m. However, a person may employ a minor 16 years of age or older who is a student in school until 11:30 p.m. on any of the following days:
- On Fridays and Saturdays.
- During school vacation periods.
- During periods when the minor is not regularly enrolled in school.
In addition, Federal law stipulates that 14- and 15-year-olds may not work more than three hours on a school day (including Fridays) and must only work outside of school hours.
When state youth employment laws differ from the federal provisions, an employer must comply with the higher standard. Be sure to familiarize yourself with both the state and federal child labor laws.