As summer approaches and more teenagers enter the workplace due to low unemployment, now is a good time to review the laws governing the employment of individuals under the age of 18 in New Hampshire. YOUTH EMPLOYMENT LAWS The New Hampshire Department of Labor (NH DOL) and the U.S. Department of Labor (U.S. DOL) enforce the state Youth Employment Law (RSA 276-A) and the federal Fair Labor Standards Act (FLSA), respectively, and perform inspections and assess penalties for violations related to youth workers. There are two general areas of focus regarding youth employment laws: hours/time of day limitations and hazardous work restrictions. Employers should ensure that any individuals responsible for hiring are aware of both the state and federal rules pertaining to youth employment and that all supervisors are properly trained with respect to the scope of appropriate work for minors, as well as with respect to scheduling issues. Please remember that employers must comply with both the federal and state laws governing youth employment and that these laws are not identical. This means that employers must comply with whichever youth employment law (federal or state) provides the greatest protection for the youth. Although both laws define a “youth” to be any individual under the age of 18, the specific restrictions are different for 16- and 17-year-old workers compared to those under 16 years of age. In general, any youth under the age of 14 may not work in New Hampshire (casual work and newspaper delivery). Additionally, most youths may not perform “hazardous” work, such as, but not limited to, commercial driving, excavation, manufacturing explosives and operating many types of power-driven equipment. Further, New Hampshire has specific laws governing the employment of youth in the alcoholic beverage industry not covered in this article. YOUTH EMPLOYMENT LAWS IN NEW HAMPSHIRE BY MARGARET “PEG” O’BRIEN, ESQ. MCLANE MIDDLETON, PROFESSIONAL ASSOCIATION 14
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