There are a number of benefits to having teenagers in the workforce, a couple of which are that it tends be cheaper for the employer than hiring adults, and it gives the teenagers some work experience and connections that could be valuable later in life. However, it is important to balance the needs of employers with the needs of the teenagers, who may still be in school. There are both federal and state laws in place that provide some basic guidelines for employers when it comes to teen employees.
The federal Fair Labor Standards Act sets wage minimums, work hours and safety requirements for workers under the age of 18 who are working in jobs that are covered by the law. For information on the Fair Labor Standards Act as it applies to minors, click here.
IC 20-33-3 is the chapter of Indiana state law that traditionally covered employer limits on employing students. However, the part of the law where you will find these limitations has moved from Title 20 (Education) to Title 22 (Labor and Safety).
In the 2020 legislative session, the Indiana General Assembly made a number of changes to Indiana’s laws related to employing students, only one of which was moving the teen labor laws to a different part of the code. A few of the additional changes are as follows:
The Bureau of Child Labor is now called the Bureau of Youth Employment. Work permits are no longer required for students who are not Indiana residents, or for home schooled students, or students enrolled in a career and technical education program. However, working hour restrictions still apply. Break requirements have been eliminated. Working hour restrictions for 16 and 17-year-old students are the same now. Work permit termination notices are no longer required to be sent to the school upon worker termination. Minors less than 16 years old may not work during school hours. Employers who employ at least five minors age 14 to 17 must register with the Indiana Department of Labor and a minor may not work in an establishment that is open to the public after 10 p.m. or before 6 a.m., unless another employee who is at least 18 years of age also works with the minor.
The Indiana Department of Labor has a summary document available that describes some of the additional changes. To read about all the changes, review SEA 409 in its entirety.
This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.