|
Employing
Minors Within the Restaurant Industry: Things to Consider
Restaurant and food service businesses rely on youth employment more than
most other U.S. industries. As most restaurateurs or food service employers
would agree, numerous benefits come with hiring youth workers. However,
state and federal child labor laws are strict: As an employer, it is important
to be cognizant of child labor law requirements, and understand how regulations
affect your business and youth workers.
As mandated by the U.S. Department of Labor, the Fair Labor Standards
Act (FLSA) ensures that youth employees are able to work without causing
detriment to their health, well-being, and educational opportunities.
For businesses that employ minors, age plays a critical role in determining
what a young worker can perform while on the job, and the volume of hours
he or she can work. The U.S. Department of Labor uses three specific age
groups to classify employees. These include: workers over the age of 18
years of age; also known as adult workers, minors between the ages of
16 and 17 years of age, and minors between the ages of 14 and 15 years
of age. The FLSA provisions only apply to workers under the age of 18.
In addition, it is important to employers to note that state and federal
child labor laws commonly differ. In circumstances where there are two
governing laws, the stricter law prevails. When interviewing and hiring
minors for employment, consider the following items to prepare for child
labor law compliance:
- Wages. All employees are entitled by law to receive
minimum wage, and overtime pay when applicable. However, there are
some exceptions for youth workers. For example, an employer can pay
new hires younger than 20 years old what is referred to as an “opportunity
wage” during the first 90 days of employment. Also, in some instances,
an employer can request a special certificate from the U.S. Secretary
of Labor which would allow payment below minimum wage for certain
occupations. This is commonly referred to as “sub-minimum wage,” and
may apply to full-time students, apprentices, and workers with disabilities.
- Age Verification. All employers are required to
adopt a method to determine the age of their minor employees upon
hire. For most states, a birth certificate is an acceptable proof
of age. In other states, however, the Department of Labor recommends
that an employer obtain an age certificate from the Department of
Labor to provide proof of age. Employers should fully understand their
state’s requirements in regards to age verification, and properly
document the required information in the employee’s personnel file.
- Hours. Minor employees between the ages of 16 and
17 are permitted to work an unlimited number of hours, providing that
the Secretary of Labor has not declared their occupation as hazardous.
However, minors between the ages of 14 and 15 are bound by stricter
hour limitations. They cannot work more than 3 hours per day Monday
through Friday, or more than 8 hours on a weekend day. Additionally,
when school is in session a minor cannot work more than 18 hours a
week. During holiday and summer breaks, this maximum increases to
40 hours per week. The required time frame for shifts is 7:00am –
7:00pm year-round, with the exception of June 1 – Labor Day, when
a minor employee is permitted to work between the hours of 7:00am
– 9:00pm. For more information on minor employment hour requirements,
visit www.youthrules.gov.
- Industry-Specific Restrictions. In addition to
hour limitations, certain industry-specific restrictions prevent minors
from operating particular pieces of equipment, or performing certain
tasks. For example, employees who are 16 and 17 years of age are not
permitted to operate industry-related equipment, such as meat slicers,
grinders, or saws. In addition, employees of this age are also prohibited
from making time-sensitive food deliveries, such as delivering pizza.
Youth workers who are 14 and 15 years of age must adhere to much stricter
requirements. For example, minors within this age group can perform
tasks such as cashiering, busing, and minor clean-up work of non-power
driven equipment. In addition, light kitchen duties can also be performed,
such as the preparation of food and beverages, operating dishwashers,
coffee grinders, and toasters. Minors are also permitted to operate
electric or gas grills, assuming the cooking process is automated,
such as lowering French fry crates into oil. They are, however, prohibited
to perform baking activities of any kind, or from operating equipment
that requires a certain skill set, such as operating broilers, pressure
cookers, and rotisseries. Lastly, they cannot work from or clean any
surfaces hotter than 100 degrees.
- Workplace Safety.
Although child labor laws exist to protect young workers, some employers
take additional steps to further protect their minor employees. For
example, some employers may create safety guidelines that only apply
to their young workers. This may include additional supplements to
an existing employee handbook, or a safety checklist that specifies
what to do in the case of an emergency, or how to identify a hazard.
- Employee Training. As an employer, consider conducting
managerial training sessions to educate your supervisory employees
on child labor law specifics. Training should encompass FLSA requirements,
minor hour and shift restrictions based on age, industry-specific
equipment restrictions, and so forth.
- Labor Law Posters.
Other than the mandatory state and federal labor law posting requirements,
educate all employees on child labor laws by posting the necessary
requirements in your workplace. The LaborLawCenter™ offers industry-specific
Minor Workplace Tools
to help businesses satisfy child labor law requirements.
Overview
For most restaurateurs and food service employers, youth employment offers
an invaluable asset for a variety of reasons. Minor workers often bring
young energy to the team, and at times can provide a less costly alternative
than their adult counterparts. In addition, when minor employees receive
praise and feel valued by their employer, they may demonstrate tenured
loyalty by remaining with their employer through adulthood.
Although state and federal child labor laws have strict requirements,
proper preparation and planning makes compliance relatively easy for most
employers. Plan to conduct ongoing training sessions for supervisors who
work directly with minors, so all child labor law requirements are clearly
understood and properly implemented. In addition, encourage all staff
members to take an active role in health and safety requirements to avoid
unnecessary hazards in the workplace. Remember that when all employees
work in tandem towards child labor law requirements, compliance can be
easily achieved, and costly penalties and fines can be prevented.
The article within is not designed to replace legal counsel
on the topic of state and federal child labor laws. Businesses requiring
legal expertise in this regard should consult the necessary counsel to
understand how requirements pertain to their business.
<< Back
to Restaurant Industry page
|
|
|
Live Chat
