Summer is just around the corner, and many QSRs are looking to hire teenagers for the summer months. But with increased child labor enforcement this is not without risk. In 2024, the Department of Labor (DOL) concluded 736 investigations into child labor violations, and employers were assessed more than $15.1 million in federal penalties, an 89 percent increase from the previous year with targeted enforcement efforts in the food service industry.
It is unclear if the Trump administration will pursue the same enforcement efforts as the prior administration, but the risk still remains. What do QSRs need to know to ensure they are complying with the law as it relates to employing minors?
Quick Primer on Federal Child Labor Laws for Summer Hiring of Minors
The DOL’s Wage and Hour Division is the sole federal agency charged with enforcement of child labor laws under the Fair Labor Standards Act (FLSA), and here’s a quick refresher.
Under 14 Years Old
Do not employ unless the employment fits under a prescribed exception.
14- And 15-Year-Old Minors
When school is out for the summer (Memorial Day through Labor Day) these minors are fully permitted to perform certain tasks in your hospitality business, including cashiering, table service, busing, clean-up, and food and beverage preparation. However, they may not perform tasks that may interfere with their “health and well-being,” including, but not limited to, cooking over an open flame and operating broilers, rotisseries, pressure cookers, high-speed ovens, or rapid toasters. (A complete list of off-limits jobs is available here.) Moreover, even though it’s summer, you still must restrict their work to the following limits:
- No more than eight hours a day;
- No more than 40 hours a week; and
- Nighttime work may only take place until 9 p.m.
16- And 17-Year-Old Minors
Children in this age range may be employed for unlimited hours in hospitality operations to perform any task other than those declared “particularly hazardous” by the Secretary of Labor (i.e., operating meat slicers, commercial mixers, etc.). Moreover, they cannot operate motor vehicles involving time sensitive deliveries (i.e. pizza deliveries) and any operation of motor vehicles is limited to daylight hours.
What Should You Do?
There is no easy, one-size-fits-all solution to employing minors in QSRs, especially because most states and many localities provide for more expansive regulation of minors. And the consequences of violations can be steep: penalties for federal child labor violations can be quite substantial, with up to $10,000 for each employee who was subject to a violation.
To avoid liability, many QSR employers have ceased employing minors under the age of 16 because of the administrative burden of complying with the intricacies relating to this age group. Other employers require separate uniforms for minors and institute managerial checks during the evening shifts to ensure compliance.
A key step toward ensuring compliance is maintaining a clear policy relating to your employment of minors, including detailed managerial training and regular internal auditing. Catching non-compliance before the DOL knocks at your door may save your business from some unintended attention and unwelcome expense.
The FLSA governs child labor at the federal level, but states are allowed to enact more restrictive laws. And, in situations where the federal law and state law differ, you must follow the law that provides the most protection for the minor.
Courtney Leyes and Emily Litzinger are employment lawyers at Fisher Phillips where they regularly partner with restaurant industry clients to minimize liability and reduce risk with preventative strategies focused on compliance, training, and the implementation of best practices. Having both worked in the industry, they understand the delicate balance restaurant employers face when managing a diverse and ever-changing workforce in today’s complex legal landscape.
