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May-June 2005

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SAFETY SPOTLIGHT
New youth employment rules impact restaurants
Fact sheet offers guidelines for employing workers under 18


©2005 Maiden Name Press LLC

Does anyone under age 18 work in your restaurant? If so, you must comply with new rules from the U.S. Labor Department that expand protections for young employees.

The revised regulations, part of the Fair Labor Standards Act, became effective in February 2005. "These rules are part of the departmentŐs ongoing effort to promote positive, safe work experiences for young workers," U.S. Secretary of Labor Elaine L. Chao says.

The following information from the Department of Labor explains how federal youth employment provisions specifically apply to the restaurant industry. It is important to note that once a youth turns 18, he or she is no longer subject to federal youth employment provisions.

• Working youth are generally entitled to the same minimum wage and overtime protections as adults.

• Youth of any age are generally permitted to work for businesses entirely owned by their parents. However, those under 16 may not be employed in mining or manufacturing and no one under 18 may be employed in any occupation the Secretary of Labor has declared hazardous.

• Generally, no employee under 18 may drive on the job or serve as an outside helper on a motor vehicle on a public road. Seventeen-year-olds who meet spe- cific requirements may drive automobiles and trucks that do not exceed 6,000 pounds gross vehicle weight for limited amounts of time as part of their job. However, such minors canŐt make time-sensitive deliv- eries (such as food deliveries or other trips where time is of the essence) and they canŐt drive at night.

• Minors under 18 may not operate or unload scrap paper balers or paper box compactors. Sixteen- and 17-year-olds may load such machines under certain specific circumstances.

• 16- and 17-year-olds. They may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor. Examples of hazardous foodservice equipment include power-driven meat processing machines (meat slicers, meat saws, patty-forming machines, meat grinders, and meat choppers), commercial mixers and certain power-driven bakery machines. Employees under 18 are not permitted to operate, feed, set-up, adjust, repair, or clean any of these machines.

• 14- and 15-year-olds. They may work outside school hours in a variety of jobs for limited periods of time and under specified conditions. Time restrictions.

Fourteen- and 15-year-olds can work:

• no more than 3 hours on a school day, including Fridays;

• no more than 8 hours on a non-school day;

• no more than 18 hrs. a week when school is in session;

• no more than 40 hours during a week when school is not in session;

• between 7 a.m. and 7 p.m. (except between June 1 and Labor Day when the evening hour is extended to 9 p.m.)

Approved jobs for 14- and 15-year-olds:

• cashiering, table service, busing, and clean up work ` (including vacuuming and floor waxing);

• kitchen work and other work involved in preparing food and beverages, including the operation of devices used in such work, such as dishwashers, toasters, milk shake blenders, warming lamps, and coffee grinders;

• limited cooking duties involving electric or gas grills that do not entail cooking over an open flame. They may also cook with deep fat fryers that are equipped with and utilize devices that automatically raise and lower the baskets into and out of the hot grease or oil;

• dispensing food from cafeteria lines and steam tables and heating food in microwave ovens that do not have the capacity to heat food over 140űF;

• cleaning kitchen surfaces and non-power-driven equip- ment; filtering, transporting and disposing of cook- ing oil, but only when the temperature of the surface and oils do not exceed 100 degrees F.

Fourteen- and 15-year-olds may not:

• operate NIECO broilers, rotisseries, pressure cookers or fryolators;

• perform any baking activities;

• operate, clean, set up, adjust, repair or oil power driven machines including food slicers, processors, or mixers;

• operate power-driven lawn mowers or cutters, work in freezers or meat coolers, or load or unload goods to or from trucks or conveyors;

• work in any job declared hazardous (discussed in sec- tion about 16- and 17-year-olds, on pages 22 and 23).

Youth Under 14. They may not be employed in non-agricultural occupations, including foodservice establishments, unless it is in a business solely owned by their parent(s).

For more information visit www.youthrules.dol.gov and www.wagehour.dol.gov, or call 1-866-487-9243.

NOTE: When state and federal rules differ, employers are held to the stricter standards.

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