Michigan Employers and Parents Should Know the Rules to Keep Teens Safe at Work this Summer
Minor Minimum Wage Rises to $6.29 on July 1

Contact: Barbara M. Fornasiero 248.651.7536; cell: 586.817.8414; barbara@eafocus.com

Detroit, Mich. --- May 7, 2008----The Michigan economy may be in the doldrums, but that won’t stop thousands of teens from seeking summer jobs. As a matter of fact, the Michigan Department of Labor & Economic Growth says 243,600 teens are expected to find jobs this summer in Michigan. Attorney Linda Burwell of Detroit-based employment law firm Nemeth Burwell, P.C. (www.nemethburwell.com), says summer employment can start teen workers on a lifelong path of good work habits and financial reward, but adds that both employers and parents need to understand and follow the legal/safety considerations for teen workers set forth in Michigan’s Youth Employment Standards Act.

“There are state laws governing the hours minors (teens under age 18) can work, accessibility to alcohol, use of motorized equipment, and handling cash in the evening, just to name a few,” says Ms. Burwell. “In general, they are common sense rules that help keep our teens and young adults safe at work while also protecting employers from potential liability.”

Ms. Burwell offers a quick rundown of answers to commonly asked answers:

• A work permit is required for minors and can be obtained through the child’s school.
• In the summer, minors aged 16-17 may work between 6:00 am and 11:30 pm. During the school year, minors aged 16-17 may only work between the hours of 6:00 am and 10:30 pm except on Fridays and Saturdays, when they can work until 11:30 pm.
• Minors under 16 years of age may only be employed between the hours of 7:00 am and 9:00 pm the entire year.
• Minors can’t handle cash after 8:00 pm or sunset (whichever is earlier) unless there is another employee present who is at least 18.
• Minors can’t sell or serve alcoholic beverages but a minor over the age of 16 (or age 14 in a retail setting) can work where alcohol is being sold if alcohol doesn’t exceed 50% of sales.
• The Michigan Minimum Wage Law allows employers to pay minors 85% of the established minimum wage. This means the minimum wage for minors is as follows: Currently $6.08 (85% of 7.15), and as of July 1, 2008 $6.29 (85% of 7.40).
• A 30 minute rest period is required for minors after five hours of continuous work.
• Individuals must be at least 18 to operate power-driven equipment such as meat slicers, mixers, saws and motor vehicles, including OSHA and MIOSHA regulated equipment such as forklifts.

Summer also creates employment opportunities for tweens and younger teen workers. Ms. Burwell’s parents owned a few Dunkin Donuts shops when she was growing up and she began working in the store at age 11, which is okay, because immediate family members are exempt from minimum age laws when their parents own the business. There are also exceptions for minors working in farming. Caddying is considered a safe job and minors as young as 11 are legally allowed to be caddies, but some golf course jobs, such as mowing the greens with huge tractors or retrieving golf balls in a motorized vehicle, can and do result in serious injury or death and individuals must be 18 and trained to perform those jobs. For more information governing teenage workers, please visit www.michigan.gov. 

Detroit-based Nemeth Burwell, P.C. (www.nemethburwell.com) specializes in employment litigation, traditional labor law and management consultation for private and public sector employers. The firm works exclusively with management to prevent, resolve and litigate labor and employment disputes. Since 2001, Nemeth Burwell has collaborated with the Wayne State University Law School Law Review to research and compile the Annual Survey of Michigan Employment and Labor Law, a summary and analysis of the important labor and employment decisions of the preceding year.

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