Hiring minors in New Jersey requires compliance with federal and state laws to ensure their proper and legal employment, particularly during the summer season. Here’s what a business needs to know to legally hire workers under 18 years of age in New Jersey:
Definitions and Key Age Groups
Age Categories for Employment Rules:
– 14-15 years old: Subject to the most restrictions.
– 16-17 years old: Fewer restrictions compared to younger minors.
Prohibited Employment Under 14:
Most work is prohibited; exceptions include jobs like farm labor, newspaper delivery, and acting/performing.
Work Permits and Documentation
As of June 1, 2023, the state of New Jersey transitioned to an on-line process for hiring minors. Both minors and businesses should go to the Young Workers page on the NJ Department of Labor and Workforce Development website for instructions on how to enroll and to understand all the requirements
Hours of Work Restrictions
During the Summer (When School is Not in Session)
– 14- and 15-year-olds:
> Maximum Hours Per Day: 8 hours.
> Maximum Hours Per Week: 40 hours.
> Permitted Hours: Between 7:00 AM and 9:00 PM.
– 16- and 17-year-olds:
> Maximum Hours Per Day: 8 hours.
> Maximum Hours Per Week: 40 hours.
> Permitted Hours: Between 6:00 AM and 11:00 PM
> Exception: Can work until midnight on weekends/holidays or if employed in restaurant or seasonal amusement occupations.
During the School Year
– 14- and 15-year-olds:
> Maximum Hours Per Day: 3 hours on school days, 8 hours on weekends.
> Maximum Hours Per Week: 18 hours.
> Permitted Hours: Between 7:00 AM and 7:00 PM.
– 16- and 17-year-olds:
> Maximum Hours Per Day: 4 hours on school days, 8 hours on weekends.
> Maximum Hours Per Week: 20 hours when school is in session.
> Permitted Hours: Between 6:00 AM and 11:00 PM.
Break and Meal Requirements
Minors must be provided with at least a 30-minute meal or rest break after 5 consecutive hours of work.
Types of Permissible and Prohibited Jobs
Permissible Jobs for Minors (with Limitations)
– Office or clerical work.
– Retail sales, cashiering, and food service (e.g., bussing tables, servers, counter positions).
– Seasonal work (e.g., lifeguards, amusement parks, camp counselors).
– Groundskeeping (non-hazardous tasks).
Prohibited Jobs for Minors under 18
– Hazardous occupations, including:
>Operating heavy machinery.
>Construction or demolition work.
>Roofing.
>Use of power-driven equipment (e.g., slicers, circular saws).
– Working with hazardous substances or chemicals.
– Additional restrictions for minors under 16 in kitchen and food prep settings (e.g., no baking or cooking that involves open flames).
Minimum Wage Requirements
– Employers must pay minors at least the NJ state minimum wage, which is currently $15.49 per hour for most employees.
– Certain seasonal jobs or jobs at summer camps may qualify for a lower “training wage” for up to 90 days.
Workers’ Compensation and Other Protections
– Minors are entitled to workers’ compensation benefits in case of a workplace injury.
– Employers must not discriminate based on age or retaliate against minors who assert their workplace rights.
Postings and Record-Keeping
– Employers must post the state’s Child Labor Law Abstract in a visible location (available from the NJ Department of Labor’s website).
– Employers must retain time records, including the minor’s work hours and schedules.
Marzano Human Resources Consulting works with businesses of all sizes in developing startegies to mitigate risk. Please consider reaching out for a no-cost initial consultation.