As summer approaches, many businesses prepare to ramp up operations by bringing on interns, seasonal workers, and minors. Hiring younger and/or temporary workers can be a great way to meet your increased staffing needs, but it also comes with a unique set of legal responsibilities. Whether you're running a retail store, food service business, or a seasonal operation, it's crucial to understand the rules around youth employment to stay compliant and avoid costly violations.
Hiring Minor Employees: What You Need to Know
Federal law outlines specific guidelines for hiring minors, especially those under 18. These laws exist to ensure young workers are protected from hazardous work environments and aren't overburdened during the school year. Here are a few guidelines:
Age-Based Employment Guidelines
- Age 14–15: Young persons in this age group can work, but only outside school hours and in non-hazardous, non-manufacturing roles. Work is also permitted for limited hours and under specific conditions.
- Age 16–17: These teens may work unlimited hours in non-hazardous occupations. While the job scope broadens, the hazardous job restrictions set by the Secretary of Labor still apply.
- Age 18: Once a worker turns 18, they are no longer subject to federal youth employment provisions.
What Jobs Can Minors Legally Do?
Outside of age requirements and hour restrictions, federal and state regulations are also in place regarding job duties and safe environments. Minors can work in a variety of roles, including, but not limited to retail, office work, food service, and agricultural work (as long as they comply with the hours and safety regulations).
Meanwhile, minors are prohibited from working in roles that are considered dangerous, including operating a motor vehicle, manufacturing and mining, construction work, operating heavy machinery and power-driven tools, and certain retail and food service roles, such as selling or serving alcohol.
Employers should carefully review the Department of Labor’s list of Hazardous Occupations before hiring a minor in an open role.
Work Permits & Certifications: Compliance is Key
Most states require work permits or employment certificates for minors under 18. These documents prove that the minor is legally allowed to work and that their job aligns with both state and federal labor laws. Employers should ensure that work permits are obtained before the minor begins working and should keep a copy of the permit on file for compliance purposes.
Hiring Interns: What Employers Should Consider, Including Pay
Many companies turn to internship programs during the summer to bring in fresh talent and provide students with valuable work experience. Internships can be a great way to give back to the community, identify future talent, and provide real-world training—but if not structured properly, they can also open the door to legal issues.
One of the most common questions employers ask is: Do I have to pay my interns? In most cases, yes. Internships are presumed to be employment relationships under the Fair Labor Standards Act (FLSA) , unless the internship meets a seven-part test established by the U.S. Department of Labor. If your program doesn’t meet all seven criteria, you’re likely legally required to compensate your intern.
Best Practices for Hosting Interns
Even if your internship qualifies as unpaid, it’s important to treat your interns as valuable contributors while staying aligned with educational goals. Here are a few ways to set up a successful internship program:
- Create a structured program: Unpaid internships should be structured around a classroom or academic experience, not just incidental office tasks. Outline what the intern will learn and what projects they'll be involved in.
- Onboard Interns: Ensure the intern is "onboarded" (review company docs/policies/handbooks, etc.) just like any other new team member. Use this time to also set clear goals and a defined scope of work.
- Provide Mentorship and Shadowing Opportunities: Designate someone to guide and supervise the intern’s experience and development, and help interns observe different roles and departments to enhance their exposure.
- Limit the Duration: Keep internships time-bound and avoid framing them as "trial periods" for employment. Internships should also not come with the expectation of a full-time offer at the end.
- Avoid Filling Staffing Gaps: Interns should not be used as a substitute for regular workers or to meet increased seasonal demands—this almost always requires compensation.
Internships, when structured correctly, are a win-win for both students and employers. But it’s critical to understand the legal framework that distinguishes between a true internship and an employment relationship.
Managing Seasonal Employees: Key Compliance Tips for Summer Staffing
Managing seasonal employees comes with its own set of challenges. From wage compliance to flexible schedules and time-off policies, employers need to stay ahead of potential legal and operational pitfalls.
Hiring seasonal workers can expose your company to legal risks if not handled correctly. Key areas of concern include:
- Misclassifying workers as independent contractors
- Wage & hour compliance and accurate recordkeeping
- Proper handling of terminations and transitions to permanent roles
- Employee rights and protections—seasonal workers are still protected under labor laws
Handling Time-Off Requests
Summer often brings a surge of vacation requests. Flexible summer hours can boost morale and retention, but they need structure. A clear summer hours policy should define who’s eligible, start/end dates, and whether participation is necessary.
To avoid confusion and ensure fairness, create a clear time-off policy that covers:
- How requests must be submitted (e.g., via email, HR system, written form)
- Who approves them (list designated managers or supervisors)
- Required notice period (e.g., two weeks in advance)
- Conflict resolution (e.g., by seniority or order received)
Don’t forget: non-exempt employees should not be working during their vacation—even responding to emails can create wage issues.
Also, consider setting reasonable limits on vacation accruals and overages, so leave balances don’t get out of hand.
Getting Ready for Summer
Before implementing any new hiring policies or making employment-related decisions, it’s essential to consult with an experienced HR advisor. Employment laws and regulations can vary widely and change frequently. A trusted advisor can help ensure your business remains compliant while aligning your practices with your company’s goals.
*This article does not constitute legal advice and does not address state or local law.