form must be on file at the worksite prior to the first day of employment. Samples of both of these forms are available on the NH DOL website under “Forms and Publications.” OTHER CONSIDERATIONS Teenagers and young adults frequently possess limited exposure to professional environments, which may result in a lack of familiarity with workplace norms and safety protocols. As a consequence, they may struggle to discern what constitutes appropriate behavior and may be unaware of potential health and safety hazards present in the workplace. Young workers may find themselves particularly prone to experiencing sexual harassment and discrimination in the workplace, often lacking the knowledge or confidence to address such misconduct. It is imperative for employers to prioritize comprehensive training for young employees, outlining company policies and reporting channels for instances of discrimination and harassment from the outset of their employment. By actively fostering an environment that encourages young workers to voice their concerns and promptly report any issues, employers can intervene early and effectively mitigate potential escalations of misconduct. Safety training should be comprehensive with regular feedback and evaluation, including counseling and disciplinary action if unsafe behavior and/or violations of safety rules occur. OSHA provides guidance on employer responsibilities related to youth workers. For example, OSHA recommends employers label equipment that young workers are not allowed to operate. Lastly, there may be exceptions to the minimum age requirements listed previously for minors employed by their parent or by a person acting as their guardian. HIRING INTERNS In the pursuit of gaining practical work experience, many teenagers and young adults express interest in working as an unpaid summer “intern.” This arrangement, commonly regarded as mutually beneficial, provides interns with a chance to acquire invaluable experience while affording employers the aid of free, enthusiastic support. However, unpaid internships may run afoul of federal and state wage and hour laws. Both the U.S. DOL and the NH DOL have issued guidance addressing when unpaid interns are allowed. In NH, organizations must receive approval from the NH DOL first. See U.S. DOL Fact Sheet #71 and the NH DOL School-to-Work. PENALTIES Employers violating youth employment laws risk criminal and civil penalties, including fines and imprisonment. Under federal law, employers are subject to a civil money penalty of up to $15,629 per worker for each violation of the child labor laws. In addition, employers are subject to a civil money penalty of $68,801 for each violation that causes the death or serious injury of any minor employee. 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. CONCLUSION Employers have a responsibility to adhere to both federal and state laws and regulations, with a particular focus on safeguarding the well-being of young workers. The U.S. DOL and NH DOL have both expressed increased enforcement efforts in this area. Now is a good time to review the company’s practices with respect to youth employment to ensure that all of the specific requirements of both laws are being satisfied. For more information about youth employment in New Hampshire, please scan the QR code. https://www.nhada.com/our-solutions/workerscomp/youth-employment 16
RkJQdWJsaXNoZXIy ODQxMjUw