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This fact sheet provides general information concerning the application
of the federal youth employment provisions to grocery stores and supermarkets
that employ workers under 18 years of age. For detailed information about
the federal provisions, see Regulations, 29 CFR Part 570 located at http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/toc.htm.
The Department of Labor is committed to helping young workers find positive
appropriate and safe employment experiences. The youth employment 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.
Working youth are generally entitled to the same minimum wage and overtime
protections as older adults. For information about these requirements in
the grocery store and supermarket industry, please see Fact Sheet 6 in this
series, The Retail Industry under the Fair Labor Standards Act, located
at http://www.dol.gov/esa/regs/compliance/whd/whdfs6.htm.
Minimum Age Standards for Employment
The FLSA and the youth employment regulations, issued at 29 CFR Part 570,
establish both hours and occupational standards for youth. Youth of any
age are generally permitted to work for businesses entirely owned by their
parents, except those under 16 may not be employed in mining or manufacturing
and no one under 18 may be employed in any occupation the Secretary of Labor
has declared to be hazardous.
18 Years of Age |
Once a youth reaches 18 years of age, he or she is
no longer subject to the federal youth employment provisions.
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16 & 17 Years of Age |
Sixteen- and 17-year-olds may be employed for unlimited hours in
any occupation other than those declared hazardous by the Secretary
of Labor. Examples of equipment declared hazardous in grocery stores
include power-driven meat processing machines (meat slicers, saws,
patty forming machines, grinders, or choppers), forklifts, commercial
mixers and certain power-driven bakery machines. Employees under 18
are not permitted to operate, feed, set-up, adjust, repair, or clean
such machines.
Generally, no employee under 18 years of age may operate a forklift,
drive a motor vehicle on a public road as part of his or her employment,
or serve as an outside helper on a motor vehicle on a public road.
Seventeen-year-olds who meet certain specific requirements, however,
may drive automobiles and trucks that do not exceed 6,000 pounds gross
vehicle weight for limited amounts of time as part of their job. Such
minors are, however, prohibited from making time sensitive deliveries
(such as deliveries of catered food or other trips where time is of
essence) and from driving at night. (See Fact Sheet 34, Important
Changes in the Child Labor Laws Affecting the Driving of Automobiles
and Trucks Under Hazardous Occupations Order #2) located at http://www.dol.gov/esa/regs/compliance/whd/whdfs34.htm.
Minors under 18 years of age may not operate or unload scrap paper
balers or paper box compactors. Sixteen- and 17-year-olds may load
such machines under certain specific circumstances. (See Important
Change in the Child Labor Laws Affecting Hazardous Occupations Order
#12 and the Loading of Scrap Paper Balers and Box Compactors at http://www.dol.gov/esa/regs/compliance/whd/bale.htm).
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14 & 15 Years of Age |
Fourteen- and 15- year-olds may be employed in grocery stores and
supermarkets outside school hours in a variety of jobs for limited
periods of time and under specified conditions.
Hours Standards for 14- and 15-Year-Olds
Child Labor Regulation No. 3, 29 CFR Part 570, Subpart
C, limits the hours and the times of day that 14- and 15-year-olds
may work:
- outside school hours;
- no more than 3 hours on a school day, including Fridays;
- no more than 8 hours on a nonschool day;
- no more than 18 hours during a week when school is in session;
- no more than 40 hours during a week when school is not
in session;
- between 7 a.m. and 7 p.m. – except between June 1
and Labor day when the evening hour is extended to 9 p.m.
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Occupations Standards for 14- and 15-Year-Olds
Fourteen- and 15-year-olds may work in grocery stores
and supermarkets, but only in certain jobs.
- They may perform cashiering, shelf stocking, and the bagging
and carrying out of customer orders.
- They may perform clean up work, including the use of vacuum
cleaners and floor waxers.
- They may not perform baking and may only perform light
cooking of the type found at soda fountains, lunch counters,
snack bars or cafeterias (cooking performed in plain view
of the customer).
- They may not operate, clean, set up, adjust, repair or
oil power-driven food slicers, processors, or mixers.
- They may not operate power-driven lawn mowers or cutters
nor work in freezers or meat coolers.
- They may not work in warehousing or load or unload goods
to or from trucks or conveyors.
- They are prohibited from working in any of the Hazardous
Orders (discussed above for 16- and 17-year-olds).
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Under 14 Years of Age |
Children under 14 years of age may not
be employed in non-agricultural occupations covered by the FLSA, including
grocery stores and supermarkets. Permissible employment for such children
is limited to work that is exempt from the FLSA (such as delivering
newspapers to the consumer and acting). Children may also perform
work not covered by the FLSA such as completing minor chores around
private homes or casual baby-sitting.
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Work Experience and Career Exploration Program
(WECEP)
WECEP is a program designed to provide a carefully planned work experience
and career exploration program for 14- and 15-year-old youths who
can benefit from a career oriented educational program designed to
meet the participants' needs, interests and abilities. The program
is aimed at helping youths to become reoriented and motivated toward
education and to prepare them for the world of work.
State Departments of Education are granted approval to operate a
WECEP by the Administrator of the Wage and Hour Division for a 2-year
period. Certain provisions of youth employment provisions are modified
for 14- and 15-year-old participants during the school term.
- They may work during school hours.
- They may work up to 3 hours on a school day; and as many as
23 hours in a school week.
- They also may work in some occupations that would otherwise
be prohibited under a variance issued by the Administrator, but they
may not work in manufacturing, mining or any of the 17 Hazardous Occupations.
Individual employers may partner with participating local school
districts in those states authorized to operate WECEPs.
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For more information on YouthRules!, visit the web site at
www.youthrules.dol.gov or call
toll-free 1-866-4US-WAGE (1-866-487-9243). All states have their own youth
employment provisions. When federal and state laws differ, the higher standard
applies.
This fact sheet is intended as general guidance only and does
not carry the force of legal opinion. The Department of Labor is
providing this information to give the public access to information on Department
of Labor programs. There are no express or implied guarantees. The Federal
Register and the Code of Federal Regulations remain the official source
for regulatory information published by the Department.
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