Summer is right around the corner! For many businesses, that means beefing up their workforce with high school students. While there are many benefits for both businesses AND their young employees, it’s essential that business owners know and understand the rules that regulate employment of minors.
Below are some frequently asked questions regarding one aspect of employing minors in Pennsylvania- work permits.
Who is required to have a work permit?
Generally, every employee under the age of 18 needs to obtain a work permit before their first day on the job.
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My prospective employee says he is 17 and doesn’t need a work permit. Is that true?
There is an exception to the general Pennsylvania regulations for “Emancipated Minors.” These minors are at least 17 years old and have either graduated from high school or are no longer attending school and have reached their academic potential as determined by the school district. In the later case, it’s advisable to ask your prospective employee to provide you with verifying documentation from the school district.
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I’ve seen yellow permits, blue permits, and now a prospective employee has handed me a white permit. Why all the different colors?
First and foremost – In Pennsylvania, original work permits are printed on either blue or yellow paper. If your minor prospective employee hands you a white paper, it is most likely the application for the work permit. Fill out the “employer” section indicating the type of work the minor will be doing and the hours anticipated. After you give the application back to the prospective employee, they still must complete the application process. DO NOT allow them to work before you have the actual, official permit!
The permit employers see most is the blue “Transferable” permit. School districts issues these to 16 and 17 year olds. These permits can transfer to a new employer if the minor employee changes jobs.
The yellow “Vacation” permit is issued to 14 and 15 year old students. This certificate is employer-specific, so it’s important to make sure your company’s name is listed on the permit. If a minor employee with a yellow permit obtains a different job, they must complete the application process for a new permit specific to the new employer. The yellow permit is good until the employee turns 18, so if they stay with the same employer throughout high school no other certificate will be needed, although the school district will issue a blue transferable permit when the employee turns 16 if the student would like.
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My minor employee’s parent wrote a note allowing us to schedule her child more hours than the law allows. That makes it ok, right?
Nope. The Pennsylvania Child Labor Law does not allow for a parental waiver.
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What about homeschooled children?
The U.S. Department of Labor has ruled that home schooling is not grounds for an exception to the federal Fair Labor Standards Act (FLSA) and thus all work by 14- and 15-year-olds is prohibited during the time the local public school is in session. Since the FLSA does not cover 16-and 17-year-olds, the Pennsylvania Department of Education has ruled that home schooled students who are 16 and 17 may work during the time school is in session as long as they do not work more than 6 consecutive days in one week, or work more than 8 hours per day or more than 44 hours per week. Those students may not work after midnight (Sunday through Thursday) during the school year. It would be helpful if the parent provides the employer with written verification that the student is being schooled at home. (information from PA Dept of Education)
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HOW CAN HIPPO & FLEMING LAW OFFICES HELP?
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Our staff can sit down either one on one or with all of your supervisors and review the need-to-know provisions of the PA Child Labor Law. We can customize a training session to meet your audience and time restraint needs.
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Our staff can review and revise your existing policies and procedures to ensure that you are complying with all aspects of the PA Child Labor Law.
Although employing high school students can be extremely rewarding for all involved. It’s definitely worth your time as a business owner or manager to brush up on ALL areas of the Pennsylvania Child Labor Law, from hour restrictions, to recordkeeping requirements, and meal break rules.
For more information, visit the PA Department of Education website, or the PA Department of Labor and Industry website.