Restaurant Industry Legal Alert: Child Labor Restrictions Could Impact Summer Hiring

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Ford & Harrison LLP

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FordHarrison is a labor and employment firm with attorneys in 29 offices, including two affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation.
Although the restaurant industry provides a wealth of opportunities for an ambitious teenager, be aware that employing this type of worker comes with a certain level of risk.
United States Employment and HR

Everyone remembers their first summer job in high school.  It was not only your first taste of what it meant to work for a living, but also your first taste of having some extra spending money for the weekend.  One of the most popular industries in which people look for summer jobs is the restaurant industry.  In fact, only the construction industry adds more summer jobs each year than the restaurant industry. Therefore, it probably comes as no surprise that the National Restaurant Association projects restaurants to add around 448,000 jobs this summer, a 4.5 % increase over their collective March 2013 employment levels. 

Although the restaurant industry provides a wealth of opportunities for an ambitious teenager, be aware that employing this type of worker comes with a certain level of risk.  The federal government sets strict legal standards that limit how many hours minors can work and even what type of jobs they can have.  Additionally, individual states usually have their own laws governing employment of minors, which are often more strict than those of the federal government.  Accordingly, restaurants considering hiring minors during the summer months should make sure they know what the legal limitations are regarding these potential employees for the state or states in which operate. 

While perusing the child labor laws of both state and federal governments sounds like a labyrinthine and daunting task, FordHarrison has done much of the legwork already.  As a result of these efforts, we have compiled a 50-state survey outlining state-specific standards for the employment of minors.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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