Are you contemplating hiring student workers in your business? If so, in order to be compliant with Fair Labor Standards for Student Workers you need to know this information:
Work Hours
The FLSA does not limit the number of hours or times of day for workers 16 years of age and older. Hours worked by 14- and 15-year-olds are limited to the following:
- Non-school hours.
- 3 hours in a school day.
- 18 hours in a school week.
- 8 hours on a non-school day.
- 40 hours on a non-school week.
- Hours between 7 a.m. and 7 p.m. (except from June 1 through Labor Day, when evening hours are extended to 9 p.m.)
14 and 15-year-old workers enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in a school week and 3 hours on school days (including during school hours.
Wages
Unless otherwise exempt or employed under conditions discussed below, covered minor employees must be paid at least the statutory minimum wage (currently $7.25 per hour in PA) for all hours worked. Employees under 20 years of age may be paid $4.25 per hour during their first consecutive 90 calendar days of employment with an employer.
Certain full-time students, student learners, apprentices and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor. Employers of “tipped employees” must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligations. If an employee’s tips combined with the employer’s cash wage of at least $2.13 do not equal the minimum hourly wage, the employer must make up the difference.
Jobs 14 and 15-year-olds may do:
- Cashiering and selling
- Price marking, assembling orders, packing
- Office and clerical work
- Bagging groceries
- Hand washing cars
- Work of an intellectual or artistically creative nature
- Cooking with electric or gas grills that does not entail cooking over an open flame
- Work as a Lifeguard or Swimming Instructor at a swimming pool if at least 15 years of age and properly certified.
Workers who are 14 and 15 years old may NOT work in occupations that involve
- Manufacturing and Mining
- The operation of power-driven equipment
- Transportation and Communications*
- Warehousing and storage*
- Most processing* occupations
- Construction*
* Exceptions apply for office work
Exceptions & Exemptions
- Casual babysitting, newspaper delivery, modeling and acting
- Parental exception
- Apprentices
- Student Learners
If you have questions about how to make sure your business is compliant with FLSA for all of your employees, check out our services page.