Employment laws can be complex, especially when it comes to minors in the workforce. The Department of Labor (DOL) has established regulations to protect the rights and well-being of young employees. In the restaurant business, where minors often find their first jobs, understanding these laws is crucial for both employers and employees.
Work Hours and Restrictions for Minors
One of the primary concerns regarding minors in the workplace is their work hours. The DOL imposes restrictions on the hours minors can work, particularly during school days. For example, minors aged 14 and 15 can only work outside of school hours, and there are limits on the number of hours they can work per day and per week.
In the restaurant industry, these restrictions often translate into minors being unable to work late shifts on school nights. For instance, a 15-year-old employee may be restricted from working past 9 p.m. on weekdays. Employers must carefully schedule shifts to comply with these regulations, ensuring minors are not overworked or working during prohibited hours.
Acceptable Types of Work for Minors
Certain types of work are considered hazardous for minors and are strictly regulated by the DOL. This includes tasks involving heavy machinery, hazardous chemicals, or working at heights. In the restaurant business, specific jobs like operating meat slicers or commercial dishwashers may be off-limits to minors due to safety concerns.
There are also restrictions on tasks that involve handling alcoholic beverages. Minors under the age of 18 are typically prohibited from serving or selling alcoholic beverages in establishments where the primary source of income is derived from alcohol sales. This limitation affects positions like bartending or serving alcohol in restaurants.
Youth Minimum Wage
The federal minimum wage applies to all employees, including minors, although there are exceptions and variations at the state level. However, the DOL allows for a youth minimum wage, which permits employers to pay individuals under 20 years of age a lower wage for a limited period. This provision is intended to encourage employers to hire young workers.
In the restaurant industry, this youth minimum wage can be particularly relevant for minors employed as servers or hosts. It’s essential for employers to adhere to both federal and state minimum wage laws, ensuring that minors are fairly compensated for their work.
DOL Recovers $124,592 in Unpaid Wages and Damages
It’s imperative for businesses, especially in industries prone to labor violations, to understand and adhere to employment regulations to avoid costly penalties and maintain fair treatment of employees. Violating labor laws not only harms workers but also risks significant financial and reputational damage to the business.
The U.S. Department of Labor’s Wage and Hour Division recently recovered $124,592 in back wages and liquidated damages from two restaurants for violating employment laws. The investigation found that the owners required some workers to arrive before the restaurant opened and to clean after their shifts without compensating them for all hours worked, violating the Fair Labor Standards Act.
Allowing minors to work beyond legal limits, including during school hours and late into the night was key among the violations and the DOL imposed thousands in civil money penalties to address the child labor violations.
Compliance with Department of Labor laws pertaining to minors in the restaurant industry requires knowledge and attention to detail. From work hour restrictions to limitations on hazardous tasks and minimum wage requirements, employers must prioritize the safety and well-being of young employees.