With the school year ending, your dealership may be hiring high school age employees for the summer. Below are some important guidelines from the U.S. Department of Labor regarding the employment of minors.
Child Labor Prohibitions
In general, the federal wage-hour law sets a 16-year-age minimum for employment in all occupations unless otherwise provided by regulation. The law, however, contains the following exceptions and conditions:
Employment of minors Between 14 and 16 Years of Age: Regulations permit the employment o minors between 14 and 16 years of age in a limited number of occupations where the work is confined to periods that will not interfere with their schooling and under conditions that will not interfere with their health and well-being. Working time is specifically limited to:
1. Employment outside of school hours and between the hours of 7 a.m. and 7 p.m., except during the summer (June 1 through Labor Day) when the evening hour will be 9 p.m.; and
2. Employment for not more than 3 hours a day nor more than 18 hours a week when school is in session; and
3. Employment for not more than 8 hours a day nor more than 40 hours a week when school is not in session.
Further, permissible work must be deemed nonhazardous and is restricted in retail establishments to work such as the following:
• Office and clerical work (including the operation of office machines);
• Cashier and selling;
• Assembling orders, packing and shelving parts (but not if involving the operation or tending of hoisting apparatus or of any power-driven machinery);
• Errand and delivery work by foot, bicycle, and public transportation;
• Clean-up work, including the use of vacuum cleaners and floor waxers;
• Maintenance of grounds (but not including the use of power-driven mowers or cutters);
• Car cleaning, washing and polishing;
• Dispensing gasoline and oil (but not the use of pits, racks and lifting apparatus or the inflation of any tires mounted on a rim equipped with a removable retaining ring).
Employment of minors Between 16 and 18 Years of Age: At 16 years of age, minors may be employed for any number of hours and during any periods of time in any occupation other than those declared hazardous by the Department of Labor.
Where the occupation is considered particularly hazardous (as for example, any occupation involving driving on any public road or riding on a motor vehicle on a public road outside the cab to assist in transporting or delivering goods) the employee must be at least 18 years of age. However, the Department of Labor has ruled that it is not particularly hazardous for a minor between the ages of 16 and 18 to operate automobiles or trucks if all of the following conditions are met:
1. The automobile or truck does not exceed the 6,000 pounds gross vehicle weight (which includes the truck, chassis with lubricants, water and full tank or tanks of fuel, plus the weight of the cab or driver`s compartment, body and special chassis and body equipment, and payload); and
2. The driving is restricted to daylight hours; and
3. The operation of the automobile or truck is only occasional and incidental to the child`s employment;
(Driving is "occasional and incidental" if it is limited to no more than 1/3 of the minor`s work in any workday and not to exceed 20% of the minor`s work time in any workweek when performed); and
4. The child driver holds a state license valid for the type of driving involved in the job which he/she performs, has completed a state approved driver education course, and has no record of moving violations at the time of hire; and
5. The vehicle is equipped with a seat belt or similar device for the driver and for each helper, and the employer has instructed each child that such belts or other devices must be used; and
6. The driving does not involve the towing of vehicles, any urgent or time-sensitive deliveries, or more than 2 trips per day away from the primary place of employment to transport passengers or to deliver goods for the employer.
Thus, the driving of automobiles or trucks that meets the above definition by minors between 16 and 18 years of age on dealership premises for purposes such as courtesy service, storage, and servicing is permissible.
Employment of Employees 18 Years of Age or Older: An employee who is 18 years of age or older may perform any job, whether hazardous or not, for unlimited hours during any periods of time.
Parental Exemption: A parent, or a person standing in place of a parent, may employ his/her own child or a child in his/her custody under the age of 16 in any occupation other than those deemed to be particularly hazardous or detrimental to the health or well-being for children between the ages of 16 and 18 years. The exemption applies only in cases where the child is exclusively employed by his/her parents, i.e., not where a child simply assists a parent in his/her work for the parent`s employer.
If you have any questions about the employment of minors, please contact IADA at (217) 753-0220 or ldoll@illinoisdealers.com.
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