Will You Be Hiring a Student This Summer?

Tuesday April 19, 2016

BrendaBoomer2013-new"As the school year comes to a close, businesses often hire vacationing high school students to supplement the workforce. This is a great opportunity for businesses to take advantage of temporary work and for students to gain work experience. Check out this article to review some basic but highly important rules that apply to employing minors." Brenda Boomer | bboomer@peabodyinc.com Article Courtesy of: Michigan Insurance Company This guide is for employers who hire minor workers. Every employer who hires young workers should know that in general: • A minor must be at least 14-years-old for most occupations unless exempt from the Youth Employment Standards Act. • A work permit is required unless the minor is exempt from the act or employed in corn detasseling. • Minors may be employed in most jobs except those considered hazardous. • Minors may only work certain hours. • Teenage workers may not work more than 5 hours without a 30 minute break. WHO IS COVERED BY THE ACT • Workers under 18 years of age, including volunteers and performing artists. WHO IS NOT COVERED BY THE ACT • 16- and 17-year-olds who have completed requirements for high school graduation. • 17-year-olds who have passed the GED test. • Emancipated minors (e.g. married minors) • Students 14-years-old and older working under a work-study contract between an employer and a school district that provides supervision. • Domestic workers at private residences. • Minors who sell, distribute or offer for sale, newspapers, magazines, periodicals, political or advertising material. • Shoe shiners. • Members of recognized youth organizations (Boy Scouts, Girl Scouts, 4-H, etc.) who perform fundraising work. • Minors working in businesses owned and operated by their parents. • Workers who plant, cultivate or harvest crops or raise livestock on farms. • Minors employed in a school, academy or college where the worker, age 14 through 17, is a student. SPECIAL REQUIREMENTS • 11-year-olds and those older may work as golf caddies, athletic event referees and bridge caddies, under specific conditions. • 13-year-olds and those older may work as corn detasselers and at trap shooting events. WORK PERMITS Teenage workers who are not exempt must have a work permit before beginning work. Work permits are available from most schools or their administrative offices. The process is as follows: 1. The employer completes Part I of the work permit listing the minor's name, occupation, hours of work and rate of pay. 2. The minor completes Part II and takes the work permit to the school for completion by the issuing officer. 3. The issuing officer at the school approves the work permit. 4. The minor gives the work permit to the employer before starting work and the employer keeps the work permit on file. If the minor changes jobs, a new work permit is required for the new employer. A work permit may be revoked for poor academic performance. A work permit is required even if the minor does not attend school. TYPES OF WORK • Minors 14- to 17-years-old covered by the act may be employed in jobs that are not hazardous. • Minors 14- to 17-years-old may work in businesses where alcoholic beverages are sold as long as the sale of food or other goods is at least 50 percent of gross sales. Minors under the age of 18 cannot sell, serve, or furnish alcoholic beverages. For information on Liquor Control Commission regulations concerning selling and serving alcoholic beverages call (517) 322-1370. • Minors covered by the act may not work in any occupation determined to be hazardous. Examples of hazardous work include: • Contact with hazardous substances, chemicals, explosives or radioactive substances. • Driving and work as an outside helper (pizza delivery, etc.) • Jobs in the logging and sawmill industry. • Jobs using woodworking machinery. • Brazing, welding, soldering or heat treating, for those less than 16 years of age. • Work on construction sites, excavation sites, bridges, streets or highways. • Slaughtering, butchering and meat cutting. • Occupations involving power driven equipment, tools, saws, or machinery. (Bakery machines, paper product machines, metal-forming, punching and shearing machines). Special approval for some restricted work for 16- and 17-year-olds may be authorized. Employers must apply for special approval to the Wage and Hour Division. HOURS • Combined hours of school and work cannot exceed 48 hours in a work week. • A minor may not work more than six days in a week. • 14- and 15-year-olds may not work after 9 p.m. or before 7 a.m. • 14- and 15-year-olds may not work during school hours. • A minor age16 or older shall not work before 6 a.m. or after 10:30 p.m., Sunday through Thursday. A minor age 16 or older shall not work before 6 a.m. or after 11:30 p.m. Fridays and Saturdays, during school vacation periods, and during periods when a minor is not regularly enrolled in school. • Special hours apply to workers in agricultural processing. Guidelines are available from the Wage and Hour Division. • Minors are limited to working no more than 10 hours in a day, with a weekly average of 8 hours per day. Approval may be granted for 16-and 17-year-olds to work beyond the hours specified in the Youth Employment Standards Act. Approvals may be obtained from the Wage and Hour Division. No deviations are allowed for 14- and 15-year-olds. SUPERVISION A minor may not be employed unless the employer or another employee 18 years of age or older provides supervision. Special penalties apply for employing minors in occupations involving cash transactions after sunset or 8 p.m. without required supervision. Supervision means being on the premises to direct and control the work of minors and to assist in case of an emergency. BREAKS • A minor may not work more than 5 hours without a 30 minute uninterrupted break. RECORDS AN EMPLOYER MUST KEEP • The work permit or verification of exemption from the act. • The number of hours a minor works each day, as well as starting and ending times. These records must be kept for one year. • Approved deviation and parent/guardian permission to work deviated hours or a restricted occupation. • Other records requested by the Department, e.g., beginning and ending times of meal/rest periods. WAGES • Wages must be paid on a regular basis: weekly, bi-weekly, bi-monthly, or monthly. • Minors 16 and older covered by Michigan’s Minimum Wage Law must be paid at least $5.15 per hour effective 09/01/97. • Minors covered by the Federal Minimum Wage Law must receive $5.15 per hour, effective 09/01/97, regardless of age. In addition to the Youth Employment Standards Act, the Wage and Hour Division also administers these laws: MICHIGAN  MINIMUM  WAGE  LAW, PA 154 of 1964, establishes the minimum wage, overtime pay, record keeping standards, equal pay and permits sub-minimum wage payment for certain employees. PAYMENT  OF  WAGES  AND  FRINGE  BENEFITS  ACT , PA 390 of 1978, covers the time and manner for payment of wages and fringe benefits. PREVAILING  WAGE ON  STATE  PROJECTS, PA 166 of 1965, establishes wage and fringe benefit rates for construction workers on state funded projects. For information on the Payment of Wages and Fringe Benefits Act or other laws administered by the Wage and Hour Division contact: WAGE & HOUR DIVISION MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES 7150 HARRIS DRIVE, BOX 30476 LANSING, MI 48909-7976 Tel: 517.322.1825 This guide is intended for general information only. It does not include all of the provisions of Act 90, Public Acts of 1978.