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Hiring employees under age 18 in Utah

What are the guidelines for hiring employees under age 18?

The Fair Labor Standards Act (FLSA) has set the minimum age for employment at 14 years of age with a limit of the number of hours worked if the employee is under age 16. The FLSA generally prohibits the employment of a minor in hazardous work such as excavation, driving, and operation of many times for power-driven equipment.

Hazardous Occupations That Youth Under 18 Cannot Perform In Utah

 

• Operation in or about establishments manufacturing or storing explosives or

articles containing explosive components.

• Motor vehicle drivers and helpers (with exceptions).

• Coal mining operations.

• Logging operation of any sawmill, lath mill, shingle mill or cooperage-stock

mill.

• Operation of power-driven woodworking machines.

• Jobs involving exposure to radioactive substances and to ionizing radiation.

• Operation of power-driven hoisting apparatus.

• Operation of power-driven, metal forming, punching and shearing machines.

• Operation connected with mining other than coal.

• Meat processing operations.

• Operation of certain power-driven bakery machines.

• Operation of certain power-driven paper-products machines.

• Manufacture of brick, tile and clay products.

• Operation of circular saws, band saws and guillotine shears.

• Wrecking, demolition and shipbuilding operations.

• Roofing operations.

• Excavation operations.

 

Utah laws allow minors to work retail trade, restaurant work, office work, and other types of non-hazardous jobs at age 14. Employers are free to hire a minor without a work permit as long as they comply with the standards set forth in the labor laws of both federal and state. There is a process where in limited, special circumstances, a request for work authorization can be submitted to the state commission regarding employment of a minor with special circumstances. The special request form needs to be sent in at least five days before you intend on hiring the minor.

http://laborcommission.utah.gov/media/pdfs/uald/forms/AuthorizationtoEmployaMinorapplication.pdf

Employers are required to provide a meal break and rest breaks to minors as follows:

Minors under 18 are to be provided a rest break of at least 10 minutes for every three hour period and a meal break is to be provided of at least 30 minutes no later than five hours from the beginning of a shift.

Utah and Federal child labor laws agree in many areas, but there are some federal standards that are stricter than the Utah law. So if federal law applies employers must comply with the stricter requirement.  Employers need to follow the federal law and not work employees more than 3 hours a day on a school day.  Employers will also need to follow the laws about not working a minor employee past 7 PM from Labor Day to June 1 and not working minor employee past 9:00 PM from June 1 to Labor Day.

It is an employer’s responsibility to determine that the work given to any employee under 18 falls within the Utah or Federal Labor Laws.

 

Source of information Labor Commission of Utah & US Department of Labor websites

http://laborcommission.utah.gov/divisions/AntidiscriminationAndLabor/x_employment_of_youth.html

http://www.dol.gov/dol/topic/youthlabor/agerequirements.htm

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January 8, 2016

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