The employment of minors peaks during the summer months as the school year comes to an end. Minors typically bring energy and enthusiasm to their jobs and are often a welcome addition to the workplace. But, given the abundance of child labor requirements under the federal Fair Labor Standards Act (FLSA), as well as state laws, employers must be vigilant to ensure these workers are of the appropriate age to work, do not work in hazardous or otherwise prohibited occupations, and only work during the hours permitted by law.

The following are 9 considerations for employers when hiring minors:

1. Age requirements. Under the FLSA, the minimum age to work a non-agriculture job is generally 14 years old; however, some jobs have higher minimum age requirements. Some states require proof-of-age certificates for minors, which can be obtained from the state's Department of Labor or the individual's school district. In states without such a requirement, it is a best practice to request proof of age for all minors under 18.
   
   
2. Work permits. Many states require minors to have a work permit or working papers before they can begin employment. In states with this requirement, work permits are typically obtained through the minor's school district or the state Department of Labor. Covered employers should retain work permits for each minor they employ.
   
   
3. Limits on hours worked. The FLSA and many state laws restrict the hours a minor can work. These rules typically differ depending on whether school is in session and in some cases the age of the employee. Under the FLSA, when school is in session, 14- and 15-year-olds are limited to 3 hours on a school day (including Fridays), 18 hours in a school week, 8 hours on a non-school day, and between the hours of 7 a.m. and 7 p.m. on any day. When school is not in session, they may work up to 40 hours in a week and between the hours of 7 a.m. and 9 p.m. on any day. While there are no federal limits on the hours worked by 16- and 17-year-old workers, some states do impose such restrictions. For information on your state's requirements, see the Child Labor chart in the State & Federal Compliance Database section of HR411.
   
   
4. Prohibited occupations. The FLSA prohibits anyone under the age of 18 from working in any occupation that is deemed hazardous by the Department of Labor. A list of these occupations can be found at 29 CFR §570.50 through 29 CFR §570.68. Additionally, individuals under the age of 16 are generally excluded from all manufacturing, mining, processing, public messenger, or machine-tending work. They are also excluded from transportation, warehouse work, construction, communications, and public utility occupations, except for office or sales work in connection with these occupations. Note: Some states have restrictions that exceed the FLSA's. For information on your state's law, see the Child Labor chart in the State & Federal Compliance Database section of HR411.
   
   
5. Driving restrictions for 17-year-olds. Minors under the age of 17 are prohibited from operating a motor vehicle during the course of employment. Workers who are 17 years of age may operate a motor vehicle if the driving is "occasional and incidental" (i.e., the minor may spend no more than one-third of his or her workday, and no more than 20% of the workweek, driving). In addition, 17-year-olds may only drive within a 30-mile radius of the workplace, during daylight hours, and in a vehicle 6,000 pounds or less. The minor must have a valid driver's license, have no record of moving violations at the time of hire, and have completed a state-approved driving course. The driving may not involve towing vehicles, urgent or time-sensitive deliveries, or the transport of three or more passengers at one time.
   
   
6. Rest breaks and meal periods. Some states have special meal and rest break rules for minors. Some of these states include, but are not limited to, Florida, Hawaii, Iowa, Kentucky, Louisiana, Maryland, Michigan, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and West Virginia. For information on your state's requirements, see the Breaks/Meal Periods chart in the State & Federal Compliance Database section of HR411.
   
   
7. New hire paperwork. Employers should have minors fill out the same paperwork as other new hires, such as emergency contact and receipt of company property forms (if applicable). Additionally, employers must complete and retain a Form I-9 (Employment Eligibility Authorization) for all new hires, including minors, even if they only work a single day. All employees, including minors, are also required to complete Federal Form W-4 and any state required withholding allowance certificate. Note: United States Citizenship and Immigration Services (USCIS) recently published a new version of Form I-9, which employers are required to use for all new hires on or after May 7, 2013.
   
   
8. Pay requirements. Under the FLSA, employers must pay all non-exempt employees, including minors, at least the statutory minimum wage for all hours worked and overtime pay for all hours worked over 40 hours in a workweek. The FLSA does, however, permit employers to pay workers less than the minimum wage in a few limited circumstances. For example, employees under the age of 20 may be paid $4.25 per hour during the first consecutive 90 calendar days of employment. Note: Some states specifically prohibit employers from paying anything less than the minimum wage; employers should always check their state law to ensure compliance.
   
   
9. Workplace policies. Even if an employee will be with your company for only a short period, it is important that they understand your policies prohibiting discrimination and harassment in the workplace as well as standards of conduct and other rules and procedures. Like all new hires, minors should review and acknowledge the employee handbook upon hire.

If your company plans on hiring minors this summer, it is important to plan ahead. Doing so can help you meet your responsibilities under federal and state law and provide a work environment in which young workers can thrive and your company can benefit from their skills, energy, and enthusiasm. Note: Other federal and state laws may have additional requirements above and beyond what is outlined here. In cases where federal and state laws overlap, employers must observe the more stringent standard.