The federal Fair Labor Standards Act (FLSA) restricts the hours that minors under 16 years of age can work and prohibits minors under age 18 from working in any occupation that it deems to be hazardous, including excavation, manufacturing explosives, mining, and operating many types of power-driven equipment. Under the law, employers are allowed to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment.
All states have rules regarding the employment of young workers. Regulations provide very specific information on prohibited occupations and other safety standards. In addition, some states have separate minimum wage requirements. When federal and state rules are different, the rule that provides the higher standard will apply. As a result, employers in certain instances may be required to comply with only the federal law, only the state law, or both. If there is any question as to which law applies to a particular employer or situation, the employer should contact a knowledgeable employment law attorney or its state labor department for specific guidance.
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