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Youth Employment Law Series: Part 1

Now that summer is upon us, we know many of you are preparing for a surge in business. Hiring youth workers can be an efficient way to expand your workforce during peak times. By hiring teenagers, you will be shaping the next generation of working professionals. Driven, hardworking teenagers can be a great asset to any business, especially during the busy summer and holiday season. While the surge in the available workforce may be a great relief for the labor shortage your business may be facing, you should be aware that there are specific state and federal child labor regulations to comply with to keep minors safe on the job.

This article is Part 1 in a multi-part series where we will cover everything that you need to know regarding the employment of minors. This first article will provide a basic introduction into federal and state youth employment laws, including an update on a recent change to Michigan’s youth employment law.

Introduction

The U.S. Department of Labor, Wage and Hour Division, enforces the Fair Labor Standards Act (FLSA), the federal law that established minimum wage, overtime, child labor, and record-keeping requirements for covered employees in the U.S. The child labor provisions of the FLSA were enacted to ensure that when young people work, the work does not jeopardize their health, well-being, or educational opportunities.

More specifically, federal law provides limitations on the hours minors may work, as well as the types of jobs that minors may be employed in. For more information on federal labor laws that may be applicable to your business, check out https://www.dol.gov/agencies/whd/youthrules/employers.

Most importantly, some state child labor laws are inconsistent with the federal child labor provisions of the FLSA. Follow the most restrictive law where there is an inconsistency!

The State of Michigan has established its own regulations for employing minors, covering all businesses that employ minors under the age of 18. The Department of Labor and Economic Opportunity (LEO) enforces the Youth Employment Standards Act (YESA).

On April 2, 2025, new amendments to Michigan youth employment law went into effect. These impact the days and hours of employment for minors under the age of 16.

14 & 15 Years Old (NEW!) 16 & 17 Years Old
May not be employed more than:
  • 3 hours per day when school is in session
  • 18 hours during a week when school is in session
  • 40 hours during a week when school is not in session

During a time that is outside school hours

May not be employed more than:
  • 6 days in one week
  • An average of 8 hours per day in 1 week
  • 10 hours in one day
  • 24 hours in one week when school is in session
  • 48 hours in one week when school is not in session
Generally speaking, workers this age may ONLY work during a time that is outside of school hours. More specifically, they may only work:
  • Between the hours of 7 am and 9 pm during the period that begins on June 1 and ends on Labor Day

AND

  • Between the hours of 7 am and 7 pm during the period that begins on the date immediately following Labor Day and ends on May 31
Generally speaking, workers this age may ONLY work between the hours of 6 am and 10:30 pm. The only exception is that employees 16 years of age or older may work until 11:30 pm as follows:
  • On Fridays and Saturdays
  • During school vacation periods
  • During periods when the minor is not regularly enrolled in school

REMINDER:

Always be sure you have a valid work permit on file for any minor you employ. Double-check this and be sure the permit is up to date.

Make sure you are giving all minors the required minimum 30-minute uninterrupted break for every five hours worked. The break is not optional.

Be sure to track how many hours a minor is working (per day and per week), when they work those hours, and what tasks they are performing. Your daily time records should reflect each minor’s starting and ending of shifts, as well as the 30-minute break.

Finally, remember that employers MUST provide supervision for youth employees at all times – supervision must be provided by an employee at least 18 years of age. That supervisor must ensure immediate assistance is available in case of an emergency.

Part 2 of our Youth Employment Law Series will further clarify the rules on work permits and discuss some industry-specific considerations, such as the service of alcohol. Stay tuned! In the meantime, if you have any questions or concerns about best practices and compliance with the law, do not hesitate to reach out to our group of labor and employment attorneys.

By: Hannah Morgan Smith

This publication is intended for educational purposes only. This communication highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how the information applies to any specific situation.

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