Summer is approaching fast. Many employers employ minors during their summer break from school. Employers should keep in mind that youth employment generally requires a work permit – even when school is on summer break. If you have work for a person 17 years or younger, be aware of the employer’s obligations under the Youth Employment Standards Act. (1978 PA 90, MCL 445.106)

Youth employment is regulated by the Michigan Department of Labor and Economic Opportunity (LEO). This is the same agency that also now oversees the recently enacted Earned Sick Time off Act (ESTA).

The Michigan Administrative Rules outline how the employer and employee must comply.

Who needs a work permit?

Any minor under the age of 18 prior to starting work.

How is work permit be obtained?

Work permits can be obtained from a school issuing officer. Depending upon the school district, the permit can be obtained from the Chief Administrator in a school district where the minor will be employed. Depending upon the minor’s age, the minor must start by submitting a CA-6  (for youth under 16 years of age) or a CA-7 for a minor 16 or 17 years old) form the their school district, intermediate school district, public school academy, or non-public school official that is designated as the local issuing officer. These forms can be found at the LEO Wage and Hour website: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/work-permits

The minor will have to provide the school administrator one of the following:

• • Certified copy of birth record or other proof of age that shows the place and date of birth
  • Certified copy of a valid operator’s license or other proof of age showing date of birth
  • The school record of the school census record
  • A sworn statement of the minor’s parent/guardian and statement from a physician

The employer must complete and sign a statement of intent to employ the minor on the form prescribed by the department of education. The work permit for a minor must be kept at the place of employment until the employment is terminated, whereby the employer shall return the work permit to the issuing officer. The law was recently amended to eliminate the use of colored permits, but the permits for 16 and 17 year olds must be in portrait orientation and the permits for minors under 15 must indicate the age and be formatted in landscape orientation.

Employers should be aware that certain minors cannot be employed to perform work that is “hazardous or injurious to the minor’s health or personal well-being.”

Normally, the lowest legal age for employment is 14, but there are exceptions such as caddying for golfers (11 years of age) or as a referee or umpire if doing this is for children less than the age of the child doing the refereeing or umpiring. However, in the capacity of this youth employment an adult representative of the athletic program must be present at the event along with having the written acknowledgement of the minor’s parent or guardian giving consent. A “bridge caddy” must be present at any event sanctioned by the American bridge contract league. (What is that?!) Also, youth as young as 13 can set traps for formal or informal trap, skeet, and sporting clays shooting events. Being around guns strikes me as hazardous per se but that is in the law.

What hours of work are minors not permitted to work?

Minors under the age of 16 years old shall not be employed in jobs under the Act for more than 6 days in one week and no longer than an average of 8 hours a day or 48 hours in a week or more than 10 hours in a single day. Further, minors 16 or under may not be employed between the hours of 9 pm and 7 am. If the minor is still in school at the time of employment, the minor shall not be employed more than a combined school and work week of 48 hours.

Minors 16 or older are generally held to the same hours of work as those 16 or under. However, minors 16 and over may work as late as 10:30 pm and no earlier than 6 am unless the work is on Friday and Saturday, during school vacation periods, or when the minor is not regularly enrolled in school – then they may work as late as 11:30 pm.

The rules for agriculture work are different for minors so if your organization is doing farming please check the law.

Do minors have to be given breaks for meals and rest periods?

Yes. Unlike adult workers that do not have to be given break from work to eat or rest, an employer must provide a minor with a 30-minute break for meal or rest if the minor works more than 5 hours continuously. If an employer give breaks of less than 30 minutes this is not to be counted against the 5 hours of continuous work. (409.112.).

Employment permits shall not be issued for employment of a minor 16 years old or less where alcohol is manufactured, brewed, bottled, and so forth. However, minors as young as 14 may be employed in retail stores where alcohol and goods are also sold. 14- and 15-year-olds cannot be employed at a bar where alcohol is sold for consumption on the premises. (409.115) And no minor under the age of 18 can sell, serve, or furnish alcoholic beverages.

Other regulations and terms of law may apply depending on the circumstances, and employers may apply for a General Hours Deviation if needed.

What exemptions may exist to the employment of minors?

If the minor has completed the requirements for graduation or high school equivalency, they are exempt from this law. A minor that is 17 years old and has passed the General Education Development (GED) test also may be exempt from the law and may work as long as the employer has obtained and has on file a certificate that the minor has completed the requirements for graduation or has provided a copy of the high school equivalency certificate. The same goes for minors at least 17 years old. The employer must keep a copy of the GED completion on file.

There is also an exemption from the law for “emancipated minors”. This would be a minor that has been legally emancipated under Michigan law. ( Act 293 of PA 1968. Sec. 4)

Another exception from the youth law can be obtained for minors 14 years of age or older if there is a written contract or agreement between the employer and the governing school district, public school, academy, or non-public school at which the minor is enrolled.

There are other exceptions in the law where minors are engaged in work such domestic or work chores at a private residence. Selling newspapers, magazines, periodicals, political or advertising matter, shoe shining, and employment at the school the child attends if 14 years or older.

Businesses employing minors must post a Youth Employment Standards poster in their place of employment. This posting also provides a more detailed list of prohibited or restricted activities for minors by age under the law and regulations.

What records must be kept by the employer?

• As mentioned above, the work permit or Work Based Learning agreement or contract -signed and dated between the employer and school
• Copy of certification that the minor passed the GED or high school requirements
• “State Approved” Application for General Hours and Individual Application for Hours Deviation for 16- and 17-year-olds
• Starting and Ending time documentation and record of uninterrupted meal/rest period of 30 minutes or more
• Michigan Child Labor Law Poster
• Michigan Minimum Wage and Overtime Poster
• Employee name, address, birth date, occupation/classification, rate of pay, total hours worked, and total hours paid each pay period
• Total daily hours worked – starting and ending time worked each day and starting /ending meal/rest period
• Itemization of fringe benefits (1 listing for 10 or more employees)
• Separate earnings statement of itemization of deductions each pay period
• Furnish each employee at the time of payment of wages a retainable and detachable earnings statement indicating:
  • Hours worked by the employee
  • Gross wages paid
  • Identification of the pay period
  • Itemization of deductions

• • If the employee is working in a tipped job, then a signed and dated statement received each pay period and itemization of credits taken for tips each pay period. Don’t forget the tipped wage law has changed going forward.

For more information visit the Labor and Economic Opportunity (LEO) website or contact the Wage and Hour program at www.michigan.gov/wagehour or call toll free 855 464-9243.

ASE Connect

ASE also has information on the above. ASE members can contact the HR Hotline at hrhotline@aseonline.org or access any of our HR research portals on the ASE Member Dashboard.

Sources: Michigan Youth Employment Act, Labor and Economic Opportunity department – Work Permit Information, Michigan Administrative Rules