Well, summer went by way to fast, and the kids are back in school. I’ve had a few parents of teens mention they cannot believe their kid is being scheduled to work until 10:30 p.m. at night – closing up nonetheless! Is that okay? Depends. Minnesota employers should recall that youth work rules change during the school year to be more restrictive. For those parents wanting or “allowing” their kid to work later – no can do. Like wage and hour laws, you can’t “agree” around the law. It is what it is. So, what is it? For non-agricultural occupations (where the parent is not the employer):

Large Employers (FLSA employer – annual sales more than $500,000):

• Youth 14 and 15 cannot work:
  • Before 7 a.m. or after 7 p.m. (except from June 1 to Labor Day may work until 9 pm);
  • More than 18 hours during a school week;
  • During school hours on a school day (even if home schooled);
  • More than 3 hours a day on a school day (includes Fridays);
  • More than 8 hours a day on a non-school day; or
  • More than 40 hours during a non-school week.
• Youth 16 and 17 cannot work (by Minnesota state law, which is more restrictive):
  • After 11 p.m. on nights before a school day (except can work until 11:30 with parent permission); or
  • Before 5 a.m. on a school day (except can work at 4:30 a.m. with parent permission).

Small Employers (not subject to FLSA – annual sales less than $500,000):

• Youth 14 and 15 cannot work:
  • Before 7 a.m. or after 9 p.m.;
  • More than 40 hours a week; or
  • During school hours on a school day.
• Youth 16 and 17 cannot work:
  • After 11 p.m. on nights before a school day (except can work until 11:30 with parent permission); or
  • Before 5 a.m. on a school day (except can work at 4:30 a.m. with parent permission).

Keep in mind, the work youth performs is still greatly restricted, as I wrote about earlier this summer (such as construction, sawmills, operating power-driven machinery such as forklifts and saws; etc.).