Because it’s summer and more teenagers are entering the workplace, now is a good time to review the laws governing the employment of individuals under the age of 18 in New Hampshire.

Youth Employment Laws

The New Hampshire Department of Labor (NH DOL) and the U.S. Department of Labor (U.S. DOL) enforce the state Youth Employment Law (RSA 276-A) and the federal Fair Labor Standards Act (FLSA), respectively, and perform inspections and assess penalties for violations related to youth workers. There are two general areas of focus regarding youth employment laws: hours/time of day limitations and hazardous work restrictions. Employers should ensure that any individuals responsible for hiring are aware of both 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. Please remember that employers must comply with both the federal and state laws governing youth employment and that these laws are not identical. This means that employers must comply with whichever youth employment law (federal or state) provides the greatest protection for the youth.

Although both laws define a “youth” as any individual under the age of 18, the specific restrictions are different for 16- and 17-year-old workers compared to those under 16 years of age. In general, any youth under the age of 14 may not work in New Hampshire (casual work and newspaper delivery). Additionally, most youths may not perform “hazardous” work, such as, but not limited to, commercial driving, excavation, manufacturing explosives and operating many types of power-driven equipment. Further, New Hampshire has specific laws governing the employment of youth in the alcoholic beverage industry that are not covered in this article.

Specific Laws Governing 14- and 15-Year-Olds

Type of Work Allowed

• Non-manufacturing, non-mining and non-hazardous jobs, such as those found in retail stores, offices, restaurants, movie theaters, amusement parks and gasoline service stations. Learn more about jobs suitable for minors.
• Auto Industry Specific Jobs: U.S. DOL regulations provide that 14- and 15-year-olds may work in jobs connected with cars and trucks if confined to the following: dispensing gasoline and oil, courtesy service, car cleaning, washing and polishing by hand.

Type of Work Not Allowed

• No baking or cooking (except with gas or electric grills that do not involve 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 or any other activity classified as a “hazardous occupation.”
• No work in warehouses, 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).
• No work loading and unloading goods to and from trucks or conveyors.

Hours Allowed and Limitations

• Up to three hours on a school day and up to 18 hours* per week during a school week.
• Up to eight hours on a non-school day and up to 40 hours per week* during a non-school week.
• No work before 7:00 a.m. and after 7:00 p.m.,* except from June 1 through Labor Day, when they can work as late as 9:00 p.m.
• “Week” is defined as any fixed and regularly occurring 168-hour period that is the same as the employer’s work week.

*Federal law is more restrictive than state law in these three areas; employers must comply with federal law, as it is more protective.

Specific Laws Governing 16- and 17-Year-Olds

Type of Work Allowed

• May engage in any work not classified as a “hazardous activity” (or separately regulated, such as serving alcohol). 
• Occasional driving by minors at least 17 years old during daylight hours within limitations outlined by DOL Fact Sheet #34.
• Auto Industry Specific Jobs: U.S. DOL stated in a 1986 FLSA opinion letter that 16- and 17-year-olds may operate electric, pneumatic and hydraulic lifts in service stations and electric doors. NH DOL has also clarified driving and lift operation restrictions for 16- and 17-year-olds.

Type of Work Not Allowed*

• Work classified as hazardous includes power-driven woodworking metal-forming, punching, shearing machines, forest, logging, sawmilling operations, and unloading or operating balers and compactors. 

*Limited apprentice/student-learner exemptions may apply. For more information, visit Partial Exemptions for Non-Agricultural Hazardous Order Prohibitions.

Hours Allowed and Limitations

• No more than 35 hours during a work week when school is in session for the whole week.
• During school vacations and between June 1 through Labor Day, no more than six consecutive days or 48 hours in any one week. (There is an exception for youths who reside and work at a summer camp for minors.)
• Youth not enrolled in school may not work more than 10 hours a day or 48 hours in a week in any manual or mechanical labor in manufacturing and no more than 10 ¼ hours day or 54 hours in a week in any manual or mechanical labor in non-manufacturing environments. If a youth worker has more than one job, this limitation still applies to all employers. See RSA 276-A:11 and RSA 276-A:12.

Posting Requirements

New Hampshire employers are required to post a printed notice stating the hours of work, the time allowed for dinner or other meals, and the maximum number of hours any youth is permitted to work in any one day in a conspicuous place in every room where youths are employed.

Youth Employment Certificates

New Hampshire requires most youths under the age of 16 to acquire a New Hampshire Youth Employment Certificate within three business days of their first day of employment. The Certificate may be issued by school principals or their designee, or by a parent or legal guardian. 

For 16- and 17-year-olds, the employer must obtain a signed written document from the youth’s parent or legal guardian permitting the youth’s employment. This permission form must be on file at the worksite prior to the first day of employment.

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. Consequently, they may struggle to discern what constitutes appropriate behavior and may be unaware of potential health and safety hazards 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 provide 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 in this article 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 valuable experience while affording employers the aid of free 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 New Hampshire, organizations must receive approval from the NH DOL first. See U.S. DOL Fact Sheet #71 and the NH DOL Educational Learning Opportunities.

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 $16,035 per worker for each violation of the child labor laws. In addition, employers are subject to a civil money penalty of $72,876 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 wilful 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 the specific requirements of both laws are being satisfied.