Seasonal Hiring Means Opportunity for Teens…
But Employers and Parents Should Proceed with Knowledge,
Caution to Keep Teens Safe at Work

Contact: Barbara M. Fornasiero 248.651.7536 or 586.817.8414;
Barbara.eafocus@sbcglobal.net

Detroit, Mich., May 21, 2007----With summer approaching, more teens will be looking for seasonal work and hourly jobs. Attorney Linda Burwell of Detroit-based employment law firm Nemeth Burwell, P.C. (www.nemethburwell.com), says seasonal workers give employers an opportunity to adjust their hiring needs to accommodate spikes in business activity, but adds that both employers and parents need to acknowledge, understand and follow the legal/safety considerations for teen workers as set forth in Michigan’s Youth Employment Standards Act.

“It’s not uncommon to get questions from clients this time of year about state laws governing the hours minors (teens under age 18) can work, accessibility to alcohol, using motorized equipment, and handling cash in the evening, for example,” says Ms. Burwell.

She 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 $5.91 (85% of 6.95); as of July 1, 2007 $6.08 (85% of 7.15), and as of July 1, 2008 $6.29 (85% of 7.40).
• The Michigan Minimum Wage law does not apply to minors under 16; however, the employer must comply with the federal minimum wage, which is currently $5.15 per hour.
• 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.

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. However, Ms. Burwell notes that some of the mixing equipment used at her parents’ stores and other food establishments is dangerous for teens or poorly trained workers.

“My teen cousin lost a fingertip using a mixer at my parents’ shop. It’s really important for employers and parents to impress upon teens that certain equipment is completely off limits to them,” explains Ms. Burwell. “For example, caddies are considered safe and minors as young as 14 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 to perform those jobs.”

There are exceptions for minors working in farming or a family business. 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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