In the United States, the federal minimum wage is $7.25 per hour, effective July 24, 2009. However, when it comes to young workers, there are special rules that allow employers to pay a lower wage for a limited time.
This measure seeks to encourage the hiring of young people without experience, but it also raises doubts about the labor rights of this group. We explain who qualifies, how much they can earn, and for how long.
What does the law say about the minimum wage for young people?
Employers under the Fair Labor Standards Act (FLSA) may pay workers under the age of 20 a reduced minimum wage of $4.25 USD per hour for the first 90 consecutive calendar days of employment.
This trial period does not begin again if the young person changes jobs within the same company, but it does when they start working for a new employer. After 90 days, the worker must be paid at least the standard federal minimum wage, or the state minimum wage if higher.
What if the state has a higher minimum wage?
Many states and cities in the United States have minimum wages that exceed the federal minimum wage. In these instances, the higher rate prevails. For example, if a state establishes a minimum wage of $15.00 USD per hour, employers must adhere to that figure, even if they hire young workers after the 90-day period.
Furthermore, some states do not allow reduced pay for young people, so it is critical to review local labor laws.
What jobs can minors do?
Federal laws also place restrictions on the types of jobs and hours that young people can work:
14 and 15 years old: they can work in non-hazardous jobs, such as customer service, light cleaning or office work. They have strict time limits: no more than 3 hours per school day, and no more than 18 hours per week during the school year.
16 and 17 years old: they can work unlimited hours, but not in occupations considered hazardous, such as construction, mining or operating heavy machinery.
What happens if an employer does not comply with these rules?
The US Department of Labor, through its Wage and Hour Division (WHD), is in charge of enforcing these standards. If an employer pays less than the allowed amount or fails to meet deadlines, they may face penalties such as back pay and fines.
If young workers or their parents believe their rights have been violated, they can submit a confidential complaint to the Department of Labor.
Why is there an exception for young people?
The reduced minimum wage for workers under the age of 20 was designed to encourage employers to hire young people with no work experience.
The goal is to ease their entry into the labor force, allowing them to gain skills and experience that will help them advance professionally.
However, some sectors have criticized this policy, claiming that it encourages exploitation or the constant turnover of young workers.
Know your rights from your first job
If you are a young worker in the United States or are about to begin your first job, it is critical that you understand your rights. Although the law allows for a reduced wage of $4.25 USD per hour for the first 90 days, after that period, you must be paid at least $7.25 USD per hour, or the minimum wage in your state, which in many cases is $15.00 USD per hour or higher.
Being informed is the most effective way to protect yourself and ensure that your first foray into the workforce is fair and legal.