Many employers may consider hiring minors for the summer as the school year winds down. We’re sharing an updated version of our previous article on child labor to provide all the key information in one place.

Understanding Child Labor Laws in Massachusetts

While it is unclear what steps, if any, the new administration may take regarding child labor, Massachusetts child labor laws are generally stricter than federal regulations. Additionally, employers should review the companion article on seasonal designation, which explains the requirements a company must meet to operate during the summer without being required to contribute to unemployment insurance for employees explicitly hired for seasonal positions.

Although child labor laws have remained unchanged in recent years, employers looking to hire minors should take a moment to review the key provisions.

Key Considerations When Hiring Minors

Confirming that a person is over or under 18 years of age is the one age-related question an employer may ask on the application to ensure that the employer understands what child labor obligations it must comply with. For any employer thinking about hiring children between the ages of 14 and 17, there are several things you should be aware of. State and federal law set out several explicit provisions regarding the hours children may work and the positions and duties they may hold. Also, remember that the law categorizes minors into two age groups, 14–15-year-olds and 16–17-year-olds, recognizing that children in the older group are capable of performing more complex/responsible workplace duties.  The remainder of this article highlights the details of the child labor laws and the hiring process.

Ensure compliance effortlessly with this comprehensive legal chart, which consolidates state and federal laws into one easy-to-reference document.

Minimum Age Requirements

Minors must be at least 14 years old to work with few exceptions. The exceptions include babysitting, news carriers, working on farms, and in entertainment (with a special state-issued permit).

Hour/Occupation Restrictions

The list below highlights children’s time and occupation restrictions by age grouping.

Hours

14-15-year-old minors may NOT be employed:

• During school hours EXCEPT as provided in approved work experience and career exploration programs.
• Between 7:00 p.m. and 7:00 a.m. EXCEPT from July 1 through Labor Day, when they may work until 9:00 p.m.;
• More than 3 hours per day during school weeks and not more than 8 hours per day during weeks when school is not in session;
• More than 18 hours per school week EXCEPT in approved work experience and career exploration programs, in which case, they may work 23 hours;
• More than 40 hours per week when school is not in session;
• More than 6 days per week.

16-17-year-old minors may NOT be employed:

• Between 10:00 p.m. and 6:00 a.m. with exceptions:
  • When an establishment stops serving customers at 10:00 p.m., the minor may work until 10:15 p.m.
  • On nights not preceding a regularly scheduled school day, they may work until 11:30 p.m.
  • In restaurants and racetracks, they may work until 12:00 a.m. on nights not preceding a regularly scheduled school day.
• More than 9 hours per day;
• More than 48 hours in a week; or
• More than 6 days per week.

Supervision

After 8:00 p.m., minors must be:

• directly supervised by an adult who is located in the workplace and who is reasonably accessible,
• unless the minor works at a kiosk, cart, or stand in the common area of an enclosed shopping mall that has security from 8:00 p.m. until the mall is closed to the public.

Occupation restrictions

Find out which jobs are off-limits for minors aged 14 to 17 with this detailed list of prohibited occupations.

Applying for an Employment Permit

All minors under the age of 18 seeking work:

• Must complete an employment permit application and
• Obtain the permit before starting a new job.  Applications for permits are available at this website.

For minors who are residents of Massachusetts:

• The superintendent of schools issues permits for the municipality in which the minor lives or attends school – either is acceptable.

For minors who reside outside the Commonwealth, the permit is issued by the superintendent for the municipality where the minor’s job will be located.

No permit can be granted unless a specific employer, work address, and job description exist.

Employer Responsibilities When Hiring Minors: Compliance & Documentation

The employer must:

• keep the original permit on file at the place of employment while the minor is employed at that location or
• until the minor reaches 18.

If the minor’s employment is terminated, voluntarily or otherwise, the employer must:

• return the permit to the superintendent’s office within two days of the termination.

Permits are valid while the minor holds the job or until he/she reaches the age of 18. After that, the minor no longer needs such documentation, and the permit and copies may be destroyed.

Although you may hire only high school graduates, remember that some may still be under 18 and therefore subject to the child labor laws. The law states clearly that minors who are no longer students are covered by the child labor laws in the same way that students of the same age are covered until the age of 18.

Work Permit Transfers for Minors: Rules & Employer Requirements

Finally, employers should be aware that minors cannot transfer a permit given for one job to another job.  The process must begin again, even if the employer is the same but the work location has changed. An employer wishing to employ a minor at multiple locations must keep a permit on file at each business location. However, if they have the same job, a minor does not have to apply for a new employment permit at the beginning of the school year.

Final thoughts

Any employer looking to hire a teenager subject to child labor laws should be familiar with the working hours restrictions and permitted jobs. You should also allow enough time to obtain the proper documentation and ensure you require and retain the correct documents. The Attorney General’s Fair Labor Division enforces child labor laws, and there are significant fines for violations.

Members with child labor-related questions or other HR-related topics may call the AIM Helpline at 800-470-6277 or email us at helpline@aimnet.org. Top of Form