Quick Reference Guidelines For Employment Of Minors
The following is provided as a quick reference summary guide only and should not be construed as anything else. It does not include all requirements of the minor labor laws. The Ohio Revised Code, Chapter 4109 takes precedence and should be referred to for all minor employment. To obtain a copy of 4109 and the Ohio Minor Labor Laws poster, please contact Division of Industrial Compliance & Labor, Wage and Hour Division at 6606 Tussing Road, P.O. Box 4009, Reynoldsburg, Ohio 43068-9009, (614) 644-2239. http://www.com.state.oh.us The term “minor” refers to individuals under eighteen (18) years of age.
WORK PERMITS: (Age and Schooling Certificate, O.R.C. Title 3331)
1. Every minor fourteen (14) to eighteen (18) years of age must have a work permit, unless otherwise stated in Chapter 4109.
a. The application for minor work permit form is a prerequisite for the minor work permit. It contains employer and job information, employer pledge and parental consent.
2. The employer must return the working permit to the Superintendent of Schools within three (3) days after the termination of the minor.
b. The physician certificate or evidence of a physical exam on file with the school.
c. The minor, parent, or even employer may print the form(s) from the web site.
d. The forms should be completed in their entirety by each party and signed. The employers tax ID number is mandatory. Unsigned forms should not be accepted by the school. The physician certificate may or may not be needed depending on the minors health or athlethic physical exam history.
e. The minor should return the completed form to the designated school personnel who will then issue the minor work permit based in part on the information contained on the pre-application.
WAGE AGREEMENTS: Employer must prepare, in duplicate, a written agreement indicating the agreed remuneration for every minor fourteen (14) to eighteen (18) years of age .
1. One copy to remain on file at the establishment where the minor is employed.
2. One copy to be given to the minor for his/her retention
REST PERIOD: Minors must receive a thirty minute break when working more than five (5) consecutive hours.
LIST OF MINORS EMPLOYED: The employer shall keep a list of minors employed at each establishment, and such list must be posted in a conspicuous place to which all minor employees have access.
TIME RECORDS: Every employer shall keep a time book or other written records showing actual starting and stopping time for hours worked and each rest period. These records must be kept for two (2) years.
RESTRICTIONS FOR HOURS WORKED:
1. Minors under 16 years of age are prohibited from working:
a. Before 7:00 a.m. or after 7:00 p.m. when school is in session
2. Minors 16 and 17 years of age are prohibited from working, when school is in session:
b. Before 7:00 a.m. or after 9.00 p.m. when school is NOT in session or during a school holiday of five (5) or more days (USDOL does not allow for the school holiday of 5 or more days exemption)
c. More than 3 hours in a school day
d. More than 18 hours in a school week
e. More than 8 hours a day when school is NOT in session
f. More than 40 hours per week when school is NOT in session
a. Before 7:00 a.m. on a day when school is in session (such as Monday thru Friday)
b. Before 6:00 a.m. when school is in session if they did not work after 8:00 p.m. the previous night.
c. After 11:00 p.m. on any night preceding a day that school is in session (such as, Sunday thru Thursday)
WITHHOLDINGWAGES: Wages may NOT be withheld from minors for shortages, presumed negligence, breakage of machinery, incompetence, or inability to perform work according to any standard of merit.
PROHIBITED OCCUPATIONS FOR MINORS: Minors are restricted from working in occupations that are considered hazardous or detrimental to their health as outlined in Administrative Rule 4101:9-2,O.R.C.
DOOR TO DOOR SALES: Minors under 16 years of age may NOT engage in door to door employment unless the for profit employer is registered with the Ohio Department of Commerce, Division of Industrial Compliance & Labor, Bureau of Wage and Hour.
EXCEPTIONS: Refer to Chapter 4109.06 O.R.C. for exceptions to coverage.