Teenage workers are subject to distinct labor laws governing hours worked and duties performed

Everyone remembers the highlights of their first “real” job: independence, responsibility and a paycheck. Less memorable is the list of rules that apply to workers under age 18, since it is typically up to employers to enforce the local, state and federal laws concerning hiring and managing teenage employees.

Responsible teens who are motivated to work can be part-time and seasonal employees, and often they are covered by their parents’ insurance, meaning employers pay less to keep them on the payroll. Still, pizzeria owners should familiarize themselves with regulations governing underage workers to avoid citations, costly fines and bad public image that can result from being out of compliance.

Barring exceptions for work such as acting, babysitting or newspaper delivery, U.S. residents cannot work non-agricultural jobs until they are 14 years old – although the minimum age to hire in some states is 16. Laws related to employing underage workers vary by state, but we have compiled a general list of things pizzerias operators should keep in mind when hiring teens for summer, weekend or after-school employment.

Certificates of Employment

The most common area where businesses run afoul of the law is failing to get a signed employment certificate, according to Susie Reynolds, manager of the Fair Labor Standards Division at the Illinois Department of Labor. Depending on the state, regulators might require workers under age 18 to obtain an employment certificate and/or age certificate, both of which typically are available through the state labor department or through school resource offices.

In Illinois, for example, individuals under age 16 would obtain a letter of intent to hire from their prospective employer; that letter would outline the hours and days the minor would work as well as the nature of the job, Reynolds says. The student would take the letter to school issuing officers, “who review the application, make sure it won’t interfere with their schooling … make sure they’re not working in a hazardous occupation.”

Reynolds says it’s required that pizzerias keep these certificates onsite; that way, if the business is inspected, management can easily provide documentation for all employees’ legal ability to work.

Hours Worked

The second-most common infraction for companies employing minors involves their work hours. Teenagers enrolled in school typically cannot work during school hours aside from school-sponsored career-exploration programs. Employees under age 16 cannot work more than three hours on a school day (including Friday) or more than 18 hours per week during the school year under federal law, which also forbids working before 7 a.m. or after 7 p.m. during the school year. During the summer – or from June 1 through Labor Day – employees under age 16 can work up to 40 hours per week.

Workers ages 16 and 17 are not bound to the same limits under federal law, although state laws might restrict the number of hours worked and when. Additionally, employees in this age band cannot work jobs considered hazardous by the U.S. Secretary of Labor, such as driving a car or forklift for work.

Finally, managers are legally required to provide regular breaks to underage workers, meaning short breaks that are paid as well as an unpaid, 30-minute meal break for every five hours worked.

Hazardous Jobs

For veteran pizzaiolos, making dough might be so second nature that a baby could do it. However, federal law forbids employees under age 18 from using, adjusting, cleaning or repairing bakery machines such as vertical dough mixers, dough rollers, rounders and dividers. The law also applies to feeding such machines.

Workers ages 14 and 15 cannot be part of the baking process at all, meaning they cannot mix or weigh ingredients, assemble products in pans or operate ovens other than microwaves. Federal law forbids this age group from cooking with an open flame.

Teenagers have a great reputation for eating more than fully grown adults, but when it comes to making sandwiches at your pizzeria, the law is clear: Restaurant employees must be at least 18 years old to set up, adjust, feed, operate, clean or repair meat slicers or other meat-processing machines.

Finally, the U.S. Department of Labor specifically forbids pizza delivery using employees under age 18, stating that “such factors as customers satisfaction, the rapid deterioration of the quality or change in temperature of the product …  might impel the driver to hurry. … Prohibited trips would include, but are not limited to, the delivery of pizzas and prepared foods to the customer.”

For businesses that do their own vehicle-based pizza delivery, all delivery employees must be 18 years old, regardless of whether they are driving. The Labor Department states, “No employee under 18 years may serve as an outside helper … assisting in transporting or delivering goods.”

Exemptions

While some exemptions to child labor laws exist when the minor is working at a family-owned business, Reynolds says such exemptions typically are specific to the agricultural sector, not commercial kitchens or hospitality jobs. She encourages employers with questions to reach out to their state labor departments to ensure they are following the rules.

According to the U.S. Department of Labor, “Where a state child labor law is less restrictive than the federal law, the federal law applies. Where a state child labor law is more restrictive than the federal law, the state law applies.”

Kate Lavin is Senior Editor at Pizza Today.