Pub. 2 2020 Issue 4

N ow that Governor Sununu has lifted many of the COVID-19 Stay at Home restrictions, we thought this would be a good time to review the laws governing the employment of individ- uals under the age of 18 in New Hampshire. Which Laws Govern Youth Employment: The federal Fair Labor Standards Act (“FLSA”) and state Youth Employ- ment Law (RSA 276-A) govern youth employment in New Hampshire. Youth work-rules are routinely enforced by both the New Hampshire and the U.S. Department of Labor. Employers should ensure that any individuals responsible for summer hiring are aware of 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. Who Qualifies as a “Youth”: Any individual under the age of 18. When Does the Law Prohibit the Employment of a Youth: In general, any youth under the age of 14 may not work in New Hampshire (there are exceptions for casual work and newspaper delivery). Additionally, most youths may not perform “hazardous” work, such as, but not limited to, com- mercial driving, excavation, manufacturing explosives, and operating many types of power-driven equipment. Further, New Hampshire has specific laws governing the employ- ment of youth in the alcoholic beverage industry. Permissible Work/Hours: 1. 14 and 15 Year-Olds: » Youths who are 14 and 15 years of age may work in various non-manufacturing, Independence Day Is Over—Are YouReady for the 2020 Summer Hiring Season in NewHampshire? MARGARET “PEG” O’BRIEN, ESQ. DEVINE, MILLIMET & BRANCH, P.A. NHADA SILVER PARTNER non-mining, and non-hazardous jobs, such as found in retail stores, restaurants, movie theaters, amusement parks, and gasoline service stations. Youths under 16 cannot work in a warehouse, communications or public utilities jobs, construction or repair jobs, or jobs in which they drive a motor vehicle, or operate power-driven machinery or hoisting apparatus (other than typical office machines). They cannot bake, cook (except with gas or electric grills that do not involve cooking over an open flame), work with freezers or meat coolers, or work in meat processing areas, or operate, set-up, adjust, clean, oil or repair power-driven food slicers, grinders, choppers, cutters, or bakery mixers. For more information about jobs suitable for minors, see https://www.dol.gov/agencies/whd/ fact-sheets/43-child-labor-non-agriculture. » They are permitted to work three hours on a school day during non-school hours and a total of 18 hours during the school week. » On non-school days, they may work eight hours per day. During the summer vacation, they may work six days per week, but not to exceed 40 hours per week. » Lastly, they may only work between 7:00 a.m. and 7:00 p.m., except June 1st through Labor Day, when they are permitted to work until 9:00 p.m. 2. 16 and 17 Year-Olds: » In any employer’s workweek during which school is in session for five of the days, youths who are 16 and 17 years of age are not permit- ted to work more than six consecutive days D R I V E 20