Employment of Minors

If you are considering hiring a high school student for a summer job, there are some things you should know about Pennsylvania and federal law.

If the student is under 18 (unless he or she is 17 and has graduated from high school), he or she must provide you with an employment certificate (or if he or she is 16 or 17 years old a transferable work permit) before commencing working; you must retain it for 3 years. When a minor is hired or terminated, you must notify the school board issuing the certificate within 5 days (and if he or she is 16 or 17 you must provide information about the job).

When school is not in session, 14 and 15-year-olds and older can work up to 8 hours per day, 6 consecutive days per week, and 40 hours a week, but not past 9 p.m. Over the age of 15, they can work up to 44 hours per week. Minors must receive a break of at least 30 minutes after 5 hours of work. Minors under the age of 14 are not permitted to work in a public place.

Minors may not work in any hazardous occupations (eg., paint manufacture or motor vehicle drivers), with some exceptions.

Minors over the age of 16 can work in any part of a restaurant, hotel or club where alcohol is not served. They can also serve food, clear tables and perform other duties (except serving or dispensing alcoholic beverages) in an establishment in which food and nonalcoholic beverage sales are at least 40% of the total food and beverage sales. An abstract of the child labor laws and the minors’ schedules must be posted.

Fines for violations are progressive (including jail time) and if a minor employee who was working in violation of the law is injured, the employer personally has to pay the child a penalty in an amount equal to 50% of the amount payable under the Workers Compensation Act.

– Cynthia Dixon

Posted in Business / Employment