With summer in full swing, teenagers across Oregon are joining the workforce, often as lifeguards, summer camp counselors, and food service workers. In the United States, roughly one in five high school students report some amount of paid work.
As employers supplement their workforce with minor employees, employers should keep in mind that teenage workers are subject to special child labor protections under Oregon and federal law. Along with the protections afforded to adult employees, minor employees may also have restrictions on the number of hours they can work, when their shifts can be scheduled, and they may be prohibited from performing certain types of work.
School Year vs. Summer Hours
For these purposes, Oregon defines a “minor” as anyone under the age of 18 years old. Generally, minors may begin working as early as 14-years-old, but workers who are 14- or 15-years-old are subject to heightened restrictions on their working hours. In the summer, when school is not in session, 14- and 15-year-olds can work up to eight hours per day, but they cannot work more than 40 hours each week. Further, the time frame within which 14- and 15-year-olds can work is also limited: from June 1 through Labor Day, 14- and 15-year-olds can only work from 7am-9pm. During the school year, these restrictions get more stringent for 14- and 15-year-olds, so employers should make sure that their scheduling aligns with legal requirements if they continue to employ minors during the school year.
Generally, minor employees who are 16- and 17-years-old have fewer restrictions, but they are still limited to working a maximum of 44 hours per week. However, these employees do not have any limitations on the time frames of their working hours.
Because the restrictions for minor employees vary with age, employers should make sure that they properly document the ages of their minor employees to identify which laws apply, and employers should implement a system to track the hours that their minor employees work each day and week. As the summer nears an end, employers who intend to continue employing a minor employee should ensure they make any necessary modifications for their 14- and 15-year-old workers.
Restrictions for Certain Industries
Along with the more general requirements for employing minors, employers in certain industries should ensure they are aware of special restrictions that may apply to their minor employees. Below are examples of restrictions in certain industries, although this is not an exhaustive list of all industries that may have restrictions for minor employees.
- Industrial Work and Construction
- Minor employees generally cannot operate power-driven machinery. Also, employees under 16-years-old usually cannot work around power driven machinery.
- Minor employees cannot work on dangerous worksites, such as mines, roofs, etc.
- Minor employees cannot operate certain types of machinery, certain paper product machines, certain power-driven bakery machines, etc.
- Restaurants
- Employees under 18-years-old cannot pour or serve alcohol.
- Agricultural¹
- Employees who are 16- or 17-years old usually may not operate or assist in the operation of power-driven machinery, except in some limited circumstances and subject to specific training requirements.
- Different hour restrictions may apply to employees who are under 16-years-old working in the agricultural industry.
- Employees who are under 16-years-old usually may not work in feed mills, flour mills, or grain warehouses.
- Depending on the size of the farm and subject to certain permissions, agriculture employers may employ minors as young as nine years old to pick berries and beans outside of school hours.
Compliance
To legally employ minor employees, employers must comply with specific statutory and regulatory requirements. For example, all employers of minors must verify the age of their minor employees, maintain a list of all minor employees, and, in most situations, obtain an Employment Certificate from the Oregon Bureau of Labor and Industries to post in a public location. If a minor’s job duties change during the course of their employment, the employer must also submit a “Notice of Change” form to the Oregon Bureau of Labor and Industries.
Employers who have minor employees in their workforce should carefully follow all recordkeeping requirements to ensure they are in compliance with child labor laws. Because legal requirements and restrictions may vary across industries, employers should ensure that they are up to date on the requirements and restrictions for employing minors in their industry. Employing minors can be an excellent way to provide teenagers with an opportunity to learn about different industries and gain work experience; however, employers should make sure that they are prepared for the additional legal requirements and responsibilities of hiring minor employees.
Ashley Korkeakoski-Sears is an attorney at Barran Liebman LLP, where she represents employers on a wide range of employment issues. Contact her at 503-276-2132 or asears@barran.com.
Avery Tunstill is a law clerk at Barran Liebman LLP, where she partners with attorneys in client trainings, legal research, and the drafting of employment policies and handbooks.
¹Generally, restrictions and prohibitions on agricultural work performed by minors do not apply to minors who are performing work on a farm owned and operated by their parents.
