The ABCs of hiring young workers

Like many magazines, we routinely get interesting story pitches that, for whatever reason, just aren't a good fit for the print version of GCM.

That's the case with the story I've posted below, which came to us from the New York law firm of Jackson Lewis LLP and offers a timely refresher on hiring and employing young workers for seasonal positions on the golf course. Since most courses are going through that hiring process right now, now was the time to get that information in front of our audience. Unfortunately, too late to do that via the printed GCM (we're already working on the July issue), so the next best thing was to bring it to you via our blog.

Our thanks to the folks at Jackson Lewis for sending this our way.

Not Child’s Play: Employing Minors and Complying with Labor Laws
By Jonathan M. Kozak and Michael A. Jakowsky

As winter draws to a close and warmer weather approaches, many golf courses and country clubs will begin the annual process of hiring workers to fulfill peak-season operational needs. The availability of job-seeking students of various ages for peak-season employment invariably means the hiring of workers who are minors for part- and full-time seasonal employment. 

Employers who supplement their regular workforce with minor-employees have always needed to be vigilant in complying with state and federal regulatory restrictions and obligations that direct the employment of minors. Now, more than ever, employers must contend with greater anticipated government enforcement initiatives and stiffer penalties for violations. Employers must recommit themselves to ensuring compliance with applicable child labor law requirements. 

Federal and state Laws
Both the federal Fair Labor Standards Act (FLSA) and many state laws in the United States establish minimum ages, maximum hours, and other restrictions on the employment of minor-employees.  

Limitations on age and types of work activities
Under the FLSA and state law, generally, 16 is the minimum age for employment; however, teenagers between 14 and 16 may be employed in certain occupations, provided they do not engage in certain enumerated hazardous activities and the employment does not interfere with their schooling.  It is the employer’s obligation to verify the prospective minor-employees’ ages and obtain (and retain) the necessary work permits. 

The limitations on the types of work activities a minor employee may perform can significantly affect a business. For example, among other things, minors under the age of 18 may not engage in a variety of tasks, including operating a motor vehicle, acting as a helper on a motor vehicle and operating a freight or passenger elevator. Likewise, minors under the age of 16 may not operate any power-driven machinery, operate certain kitchen equipment, bake or cook, or load or unload goods to and from trucks and conveyors, among other restrictions. 

Limitations on Hours of Work
Minors between the ages of 14 and 16 are limited in the number of hours they may work.  Most importantly, they cannot work during school hours. During weeks when school is in session, minors (ages 14 to 15) cannot work more than three hours in any one day. When school is not in session (during holidays and the summer months), minors (ages 14 to 15) can work only 40 hours per week, no more than eight hours per day. 

Finally, the range of hours that minor-employees can work is restricted. For instance, teenagers between the ages of 14 and 16 can work only between the hours of 7 a.m. and 7 p.m., except during the summer (June 1 through Labor Day), when the evening hour is extended to 9 p.m. 

Fines for Violations
Both the FLSA and many state laws impose significant civil fines for the unlawful employment of minors. The U.S. Department of Labor’s Wage & Hour Division recently created a Child Labor Enhanced Penalty Program (CLEEP), incorporating new and higher statutory penalties for unlawful use of child labor into the DOL’s enforcement procedures.  

Under CLEEP, an employer who violates the FLSA’s child labor provisions or applicable regulations is subject to a civil penalty of up to $50,000 for each violation that causes the death or serious injury of any employee under the age of 18. The penalty may be doubled where the violation is repeated or found willful.  Previously, the maximum penalty was $11,000. 

Employers also are liable for any injuries to children who are unlawfully employed.  In addition to civil penalties and potential liability for injuries, employers may be charged with double-damages under the State workers’ compensation law for job-related injuries sustained by illegally employed minors.

Plan Ahead
It is more important than ever for employers to be aware of, and to ensure compliance with, all applicable child labor laws. Employers also should ensure their front-line managers, who hire or supervise minors, are aware of the company’s policies. Getting a handle on the requirements and limitations before hiring minor-employees for the new season will help employers plan for compliance, educate relevant managers and evaluate anticipated job functions and work hours.
         
Editor's note: This article is provided to our readers for informational purposes.  Readers should consult counsel of their own choice to discuss how these matters relate to their individual circumstances.

Jon Kozak is a partner and Mike Jakowsky is an associate in the White Plains, New York office of Jackson Lewis LLP. Kozak and Jakowsky regularly counsel clients, including country clubs and other seasonal businesses, regarding the requirements and obligations imposed by state and federal employment laws.