Labor Laws: Teens

Employing Youth in Restaurants and Quick-Service Establishments under  the Fair Labor Standards Act (FLSA)
(Effective February 14, 2005)

18 Years of Age: Not subject to the federal youth employment provisions.

16 & 17 Years of Age: May be employed for unlimited hours those declared hazardous such as hazardous power-driven meat processing machines (meat slicers, meat saws, patty forming machines, meat grinders, and meat choppers), commercial mixers and certain power-driven bakery machines. Also, they are not permitted to operate, feed, set-up, adjust, repair, or clean any of these machines.

17-year-olds, who meet certain specific requirements, may drive automobiles and trucks that do not exceed 6,000 pounds gross vehicle weight for limited amounts of time. They are prohibited from making time sensitive deliveries (such as pizza deliveries or other trips where time is of essence) and from driving at night. See http://www.dol.gov/esa/regs/compliance/whd/whdfs34.htm.

14 & 15 Years of Age: Fourteen- and 15- year-olds may be employed in restaurants and quick-service establishments outside school hours in a variety of jobs for limited periods of time and under specified conditions.

Hours Standards for 14- and 15-Year-Olds

Occupations Standards for 14- and 15-Year-Olds

Child Labor Regulation No. 3, 29 CFR Part 570, Subpart C, limits the hours and the times of day that 14- and 15-year-olds may work: outside school hours; no more than 3 hours on a school day, including Fridays; no more than 8 hours on a nonschool day; no more than 18 hours during a week when school is in session; no more than 40 hours during a week when school is not in session; between 7 a.m. and 7 p.m. - except between June 1 and Labor day when the evening hour is extended to 9 p.m.

Fourteen- and 15-year-olds may work in restaurants and quick-service food establishments, but only in certain jobs. May not cook over open flames May not operate NIEOC boilers, rotisseries, pressure cookers or fryolators May not perform any baking activities. May not operate, maintain, or repair power driven machines including food slicers, processors, or mixers. May not operate power lawn equipment, work in freezers or meat coolers, or load or unload goods from trucks or conveyors. May not operate microwave ovens having capacity to warm above 140ºF. May not cook with deep fat fryers unless equipped with devices that automatically raise and lower the "baskets" into and out of the hot grease of oil. May perform cashiering, table service and "busing," and clean up work, including the use of vacuum cleaners and floor waxers. May work in preparing food and beverages, including the operation of devices such as dishwashers, toasters, milk shake blenders, warming lamps, and coffee grinders. May perform limited cooking duties using electric or gas grills (no open flames). May dispense food from cafeteria lines and steam tables May clean kitchen surfaces and non-power-driven equipment and dispose of cooking oil, but only when the temperature of the surface and oils do not exceed 100º F.

Under 14 Years of Age: May not be employed by food service establishments.

State Teen Labor Laws: All states have their own youth employment provisions and when state and federal rules differ, employers are held to the stricter standards. Visit the Youth Rules Website to learn about your state's provisions.

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