Pub. 3 2021 Issue 3

violation that causes the death or serious injury of any minor employee, and that penalty may be doubled, up to $100,000, when the violations are determined to be willful or repeated. Federal law also provides for a criminal fine of up to $10,000 upon conviction for a willful violation of child labor laws. For a second conviction for a willful violation, the act provides for a fine of not more than $10,000 and imprisonment for up to six months, or both. State law also imposes civil and criminal penalties for violations of youth employment laws. Other Considerations: Teenagers and young adults often have limited work experience and may not understand what is appropriate or “normal” behavior in the workplace. As such, young workers may be more susceptible or vulnerable to sexual harassment and discrimination in the workplace and may not understand how to report such conduct. Employers should consider taking special care to train young employees on company policies and reporting procedures for discrimination and harassment upon hire. By encouraging young employees to come forward and report any problems as they arise, employers will have the opportunity to take appropriate action before the situation grows worse. Unpaid Interns: Finally, many teenagers and young adults express interest in working for free as a summer “intern” in order to gain practical work experience. Most unpaid interns and employers consider the relationship a win-win — the intern gets a foot in the door for regular employment, and the employer gets the benefit of some unpaid work from an energetic worker. However, there are serious legal considerations every private employer must consider before using unpaid interns. These “unpaid internships” may run afoul of federal and state wage and hour laws. The U.S. Department of Labor has issued guidance addressing this issue of unpaid interns for employers. (See U.S. Department of Labor Fact Sheet #71: dol.gov/whd/regs/compliance/whdfs71.pdf ) . The NH DOL has also issued extensive guidance on permissible school to work programs. (See NH DOL School to Work website nh.gov/labor/inspection/school-to-work.htm). Peg O’Brien is a director in McLane Middleton’s Employment Law Practice Group. She can be reached at (603)628-1490 or Margaret.OBrien@McLane.com. N E W H A M P S H I R E 19