Child Labor Laws and Summer Hiring

Summer is around the corner, and many cities are looking to bring on teen workers to meet seasonal staffing needs. As school wraps up and warm weather sets in, the demand for dependable employees continues to grow. Many of our members are actively seeking to hire teenagers for summer positions. If your city is planning to do the same, it’s important to take a moment to review Kentucky’s child labor laws. A quick refresher now can help you avoid costly penalties later — violations of these laws can come with significant fines.

To help, KLC is sharing a short training resource from the Kentucky Education and Labor Cabinet. This brief overview of the state's child labor requirements takes just a few minutes to complete and can be accessed here.

For those who prefer a printed reference or want a quick guide on hand, we’ve highlighted the key points you need to know when hiring teen workers.

Minimum Age Standards

The Fair Labor Standards Act (FLSA) and Kentucky law establish both hours and occupational standards for minors. In most cases, the state and federal laws are very similar; however, it is important to be aware of both laws because where they differ, the more restrictive requirements between them will apply.

Under state and federal law, workers under 18 are considered minors for employment purposes. Both limit the occupations where minors may be employed and the number of hours they may work in those occupations. This article contains an overview of the most common requirements. To review the complete federal and state law, see 803 KAR 1:100, KRS Chapter 339, and 29 CFR Part 570.

Occupation Restrictions

Minors under the age of 18 are prohibited from working in occupations declared hazardous by the Kentucky Commissioner of Workplace Standards or the U.S. Department of Labor, including, but not limited to:

• Motor vehicle driver and outside helper on a motor vehicle, except when the driving is incidental, and occasionally by a 17-year-old as stated within 29 CFR Part 570.52.
• Power-driven hoisting apparatus.
• Power-driven paper product machines, including scrap paper balers and cardboard box compactors.
• Power-driven circular saws and band saws.
• Excavating operations.

Minors under the age of 16 are prohibited from working positions, including, but not limited to:

• The use of a hoisting apparatus or power-driven machinery other than office machines.
• Operating or helping with motor vehicles, although they may clean vehicles.
• Mowing (KLC Insurance recommends they be at least 18 years of age).
• Performing public messenger duties.
• Transporting people or property, including the operation of golf carts.
• Public utilities.
• Maintenance or repair of machinery.
• Tasks requiring the use of ladders or scaffolds.
• Cooking (except at soda fountains, lunch counters, snack bars, or cafeterias).
• Loading or unloading trucks.

Minors between 14 and 16 years of age may be employed in positions that include:

• Office and clerical work, including the operation of office machines.
• Errand and delivery work by foot, bicycle, and public transportation.
• Cleanup work, including using vacuums and floor waxers, and grounds maintenance. They may not use power-driven mowers or cutters.
• Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of the work, such as dishwashers, toasters, milkshake blenders, and coffee grinders.
• Work in connection with cars and trucks, such as car cleaning, washing, and polishing. They may not perform any work involving the use of pits, racks, lifting apparatus, or the inflation of any tire mounted on a rim equipped with a removable retaining ring.
• Lifeguards (must be at least 15 years of age) for a public pool where children 16 or under are present.

Generally, minors under the age of 14 may not work except in an employment program sponsored by the school they attend, and as listed below:

• Minors between 13 and 15 may carry golf bags weighing no more than 35 pounds.
• Caddies under 14 may caddy only 18 holes in one day.
• Minors 11 and 12 years old may not carry golf bags and are restricted to caddying only with a pull cart.

KRS 339.225 states that no minor under 16 may operate power-driven golf carts or any power-driven maintenance equipment. In addition, there are exceptions encompassed in KRS 339.210 for minors working as a referee, umpire, or official for an age bracket younger than the minor’s age with the parent’s or guardian’s consent.

Restricted Hours

Children under the age of 16 are not permitted to work during school hours, nor may they work:

• More than eight hours per day or 40 hours per week during the summer months, defined as June 1 through Labor Day.
• Before 7:00 a.m. and after 9:00 p.m. from June 1 through Labor Day.
• Three hours on school days, eight hours on non-school days, or 18 hours a week when school is in session.
• Before 7:00 a.m. and after 7:00 p.m. when school is in session.

These restrictions on hours do not apply to minors under 16 years of age who have graduated from high school or an approved vocational school equivalent to high school, are enrolled in an approved work training or career exploration program, are otherwise not required to attend school, or school authorities have made arrangements for them to attend school at times other than the regular hours if the employment will not interfere with the minor's schooling, health, or well-being.

Children between the ages of 16 and 17 are not permitted to work:

• More than six hours per day on a school day or eight hours per day on a non-school day during the school year. The total hours worked in a week during the school year must not exceed 30 unless they have gained a special exemption from both a parent and school administrator. If exempted, they may only work up to 40 hours per week during the school year.
• Additionally, a minor of this age may not work before 6:00 a.m. or later than 10:30 p.m. preceding a school day, or 1:00 a.m. preceding a non-school day.
• There are no restrictions on the number of hours per day or week a 16- or 17-year-old may work during the summer months.

Meal and Rest Breaks

No minor under 18 may work for more than five continuous hours without a lunch period of at least 30 minutes, which the employer should document. Rest period requirements for all employees also apply to minors. KRS 339.270 requires a reasonable paid break (usually 10 minutes or more) to be provided to an employee during each four hours worked.

Notice and Other Hiring Requirements

Cities, as employers, must conspicuously post where minors under 18 are working, a summary of the child labor laws, a list of occupations prohibited to minors, and a statement of the hours minors are allowed to work each day. KRS 339.400 requires cities to keep a separate list of the names, ages, and addresses of all minors employed, as well as the start and stop time for each workday and the beginning and ending of each meal period provided to each minor in their employment. KRS 339.450 also requires the employer to maintain proof of age for each minor, which can be a copy of a birth certificate, a driver’s license, or school identification.

Cities must also complete Form I-9 and Form W-4 on all newly hired minors, even if they are only employed for the summer. Specific information on filling out Form I-9 for minors can be found on the United States Citizenship and Immigration Services (USCIS) website. If it is a seasonal rehire, cities must also reverify or update the Form I-9 employment authorization.

Lastly, remember that minors hired by the city must be treated as any other employee. They must be paid at least the minimum wage, which is currently $7.25 per hour, and they must be paid for all hours worked. Also, as with other employees, be sure to provide and review all city policies with them and any other items normally provided during the city’s new hire process.

Penalties

KRS 339.990 sets out the penalties for violating child labor laws, which can be steep, including fines ranging from $100 to $1,000 per offense, plus $100 for each day the violation continues after notice. As such, knowing the law in this area before you hire is essential.

For more information on this or any other personnel matter, contact KLC Personnel Services.