With the current labor market shortages and coming school vacation season, Kansas businesses may look to younger workers to fill their staffing needs. Employers hiring young workers need to be cognizant of the applicable federal and Kansas state child labor laws in hiring, scheduling, and assigning these workers. The U.S. Department of Labor actively enforces the federal laws, which protect the health and safety of minors and seek to avoid interference with their education.
The primary federal law that applies to child labor and establishes youth employment standards is the Fair Labor Standards Act or FLSA. The Act includes job, hour, and time restrictions for minors under the age of 18 years. Most of the restrictions apply to specific age groups. In addition to the FLSA provisions, minor employees also may be subject to other general federal and state employment laws, such as those that govern minimum wage and meal and break periods.
Generally, the FLSA prohibits minors younger than the age of 14 years from working, except in situations exempt from the FLSA. Examples of exemptions include working in a family business, delivering newspapers, and casual babysitting. Special laws and rules may to children working in the entertainment industry and agriculture.
Minors aged 14 or 15 can only perform work specifically identified in federal regulations as not hazardous. Examples of allowable jobs include clerical and office work, cooking that does not involve an open flame or fryer, tending a cash register, and bagging groceries.
Minors who are 16 or 17 years old may perform many jobs, as long as the work is not classified as a hazardous occupation by the U.S. Secretary of Labor. Most hazardous occupations involve work that could cause serious injury. In addition, minors generally cannot drive on public roads as part of a job, although there is a limited exception for 17-year-old minors.
Strict maximum hour limitations apply to minors aged 14 or 15 years. When school is in session, these minors may only work up to three hours on a school day and up to eight hours on a non-school day, up to a maximum of 18 hours a week. When school is not in session, the maximum increases to 40 hours a week, but remains at eight hours a day. Working minors aged 16 or 17 are not subject to these restrictions.
Minors who are 14 or 15 also may only work outside school hours and between the hours of 7 am to 7 pm during the school year. During summer (June 1 through Labor Day), the hours extend to 7 am to 9 pm. Working minors who are 16 or 17 years old are not subject to these limitations.
Most Kansas employers are subject to the FLSA and must comply with the child labor restrictions in the Act, including the job activity, hours, and time restrictions. Specific state laws also apply to employees under the age of 18, whether or not the employer is subject to the FLSA. However, if an employer is subject to the FLSA, state law provisions do not preempt the FLSA requirements.
Like the FLSA, Kansas laws require a child to be at least 14 years old to work, but there are exceptions. A Kansas law, found at K.S.A. 38-614, specifically excludes certain activities from being considered employment, including:
In addition, special state laws and rules apply to children employed in the entertainment industry as actors or performers. Generally, if a child attends school, exempt services cannot be performed during the hours the public school in the child’s district is in session. Kansas requires a work permit for a child under age 16 who is not enrolled in or attending a secondary school.
State law restricts hours similarly to the FLSA, except that the state law allows a child to work until 10 pm when school is in session. For an employer not subject to FLSA, a child under age 16 may work up to eight hours in a day and not more than 40 hours in a week.
The federal Department of Labor investigates and publicizes child labor violation cases. Civil monetary penalties for an FSLA violation can be substantial.
Common violations that have been the subject of investigations include minors performing work identified as hazardous, working beyond the maximum allowable number of hours, and working later in the evening than the law permits. Violations often involve fast-food restaurants and grocery stores, but can occur in any other work environment, including offices and movie theatres.
From our offices in Topeka and Lawrence, our employment law attorneys at Sloan Law Firm assist clients throughout Kansas with all types of labor law issues, including child labor law protections. We welcome you to contact us by calling (785) 357-6311 or using our online contact form.
© 2024 Sloan, Eisenbarth, Glassman, McEntire & Jarboe, LLC
View Our Disclaimer | Privacy Policy
Law Firm Website Design by The Modern Firm
