LEGAL MATTERS: Kids + Summer Jobs—What’s Allowable?

Wednesday, May 29, 2013

John T. Longo, GoLocalWorcester Legal Contributor

Is your teen working this summer? Make sure they're following the rules.

Is your son or daughter looking for a summer job? There are state and federal laws that restrict where, and for how many hours, they can work. Here is a summary of them:

Over 18: Anything Goes

The law treats 18 year olds as adults; there are no legal restrictions on the hours they can work or the types of jobs they can do.

Under 18: No Hazardous Jobs

By law, people under 18 cannot do hazardous jobs. Most retail, restaurant and child care jobs are fine for teens because they are not considered hazardous. If you have questions about other jobs, check this lengthy list of the jobs Massachusetts considers unsafe and too dangerous for minors there. In Rhode Island, the Department of Labor and Training takes a different approach; it posts the jobs it considers safe for minors in its state. If you still have questions after checking your state’s site, you can also check the federal ‘hazardous’ regulations.

Under 14: Work Prohibited

Children under the age of 14 generally cannot work in Rhode Island or Massachusetts unless it is on a farm, as an entertainer or as a newspaper delivery person. That is not an excuse for your child to sit on the couch all summer - I cut grass and worked as a babysitter when I was 13 without a problem and, as an attorney, I have never seen an individual (as opposed to a company) prosecuted for a hiring a neighborhood kid to do the same things.

14 and 15: Work Allowed with a Permit for Limited Hours

14 and 15 year olds can work in Rhode Island provided they first get a permit, they do not do any hazardous jobs, and they worked a limited number of hours. Specifically, during the summer no more than 8 hours each day, no more than 40 hours each week, and not after 9 PM or before 7 AM. (When they go back to school in Rhode Island, the limits are generally 3 hours per school day, 18 hours per week, and not after 7 PM or before 6 AM.)

14 and 15 year olds can also work in Massachusetts provided they first get a permit that includes clearance from their doctor, they do not do any hazardous jobs, and they worklimited hours. Specifically, during the summer no more than 8 hours each day, no more than 40 hours each week, not more than 6 days each week, and not after 9 PM or before 7 AM. (When they go back to school in Massachusetts, the limits are generally 3 hours per school day, 8 hours per Saturday, Sunday and holiday, 18 hours per week, not more than 6 days each week, and not after 7 PM or before 7 AM.)

16 and 17: Less Limited Hours

16 and 17 year olds in Rhode Island do not need a permit to get a job but they cannot do any hazardous jobs and there are some limits on the hours they can work. If they have dropped out of school, or if it is summer vacation, they can work as many hours, and at whatever times, they want. (When they return to school in Rhode Island, they cannot work more than 48 hours each week, more than 9 hours each day, not after 11:30 PM or before 6 AM, and they must have an 8 hour break between work days.)

In Massachusetts, 16 and 17 year olds still must get a permit to work but it does not have to include a doctor’s note, they cannot do hazardous jobs, and there are some limits on their hours. During the summer, they can work whenever they want provided they do not work more than 9 hours per day, 48 hours per week, or more than 6 days a week. (When they return to school in Massachusetts, they also cannot work before 6 AM. On school nights, they also cannot work, depending on the type of job they have, after 10 PM, 10:15 PM, 11:30 PM or Midnight.)

Violations

Child labor laws have many quirks and exceptions; therefore, do not assume your child’s rights are being violated if their hours are outside the limits described in this article. If you think their rights are being violated, you can contact the Wage and Hour Division of the Rhode Island Department of Labor and Training at (401) 462-8550, or the Massachusetts Attorney General’s Fair Labor and Business Practices Division at (617) 727-3465, or the federal Department of Labor at 1-866-4-USWAGE (1-866-487-9243).

Child labor violations can lead to criminal charges. For that reason, the person complaining about a violation does not have to be the child, the parent of the child, or even involved and they should be able to complain anonymously. (By way of analogy, if you call the police to report someone being mugged, the police won’t say ‘well, you are not being mugged so we are not going to respond.’)

For More Information

To learn more about child labor law in Massachusetts, check out this Guide for Working Teens in Massachusetts prepared by the Massachusetts Attorney General. In Rhode Island, check the Rhode Island Department of Labor and Training‘s web site or the federal Department of Labor‘s site.

Information for Employers

This article contains general information for parents and teens, not employers. If you are an employer, you should get advice from your own attorney and not rely on this article.

John Longo is a consumer rights attorney practicing law in Rhode Island and Massachusetts. He represents consumers who have disputes with businesses, employees cheated out of their wages or overtime, car buyers stuck with Lemons, and people in need of bankruptcy protection. He is a member of the National Association of Consumer Advocates, the National Association of Consumer Bankruptcy Attorneys, and the Rhode Island Association for Justice.

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