Tag: FLSA

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Child Labor Laws by State + Federal (2025)

Summary

  • Minor labor laws are in place to provide safeguards that prioritize the health, well-being, and education of young employees.  

  • Child labor laws in the US are designated by the Fair Labor Standards Act of 1938 (FLSA).

  • Many states default to the federal minor labor standards, but several have designated their own.

Minor labor laws are in place to provide safeguards for people under 18 who are employed and, generally, still attending school. These laws help employers like you prioritize young employees’ health, well-being, and education. 

These safeguards restrict the number of hours a minor can work during a day or week. They also prohibit the kind of work minors are allowed to do.

Every state varies in its minor labor rules, so it’s important to understand and stay compliant with employment legislation in your area. Employers who violate minor labor laws are subject to hefty fines – punishment can even escalate to imprisonment if the government decides you’ve violated the laws willfully or repeatedly. 

Federal minor labor laws

Child labor laws in the US are designated by the Fair Labor Standards Act of 1938 (FLSA). If a state doesn’t have its own child labor laws, it must default to the federal minor labor laws. Many states use a combination of federal law and their own state modifications.

The FLSA states that minors under 16 may not work more than eight hours per day and 40 hours per week when school is not in session, and they may not work more than 3 hours per day and 18 hours per week when school is in session. 

It also has laws around the nightly hours that minors under 16 can work. During the school year, federal law states that minors under 16 cannot work after 7 pm or before 7 am. From June 1st through Labor Day, it states that minors under 16 can work until 9 pm. 

Minor labor laws by state

States can default to the federal minor labor laws or write their own in accordance with federal laws. For instance, some states allow minors under 16 to work just three hours per day on a school day in accordance with federal law, whereas other states give employers and minors more flexibility with the hours they’re allowed to work when school is in session.

Some states also allow minors to work outside these laws with expressly written consent from a parent or legal guardian and/or the school the minor attends.  

All the specificities of each state’s minor labor laws can be found in the table below. (NOTE: if a box is blank, then there are no hourly or time restrictions for that age group in that state.)

 

Federal/FLSA

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

District of Columbia

Guam

Puerto Rico

Federal/FLSA

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 40 hours per week when school is not in session. 3 hours per day and 18 hours per week when school is in session.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: None

Alabama

  • Work Permit: Mandatory if under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 40 hours per week, 6 days per week when school is in session. 3 hours per day, 18 hours per week when school is not in session.

    Must have a 30-minute documented meal break for more than 5 hours.

  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm during student summer vacation) to 7 am 
  • 16 and 17: 10 pm before a school day to 5 am (up to age 19, if enrolled in school)

Alaska

Work Permit: Mandatory if under 17 or for 16 and 17-year-olds if the employer is licensed to sell alcohol.

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 40 hours per week during school vacations between 5AM and 9PM. When school is not in session, they can work for a total of 23 hours a week with work done between 5AM and 9PM.
  • 16 and 17: Max 6 days per week. 

Minors must have a 30-minute break when scheduled to work six consecutive hours or work five consecutive hours before continuing to work. 

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: Between 5AM and 9PM
  • 16 and 17: None

Arizona

Work Permit: Not required

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 40 hours per week when school is not in session. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 9:30 pm (or 11 pm before a non-school day) to 6 am. For students working door-to-door sales or deliveries, prohibited hours are after 7 pm.
  • 16 and 17: None

Arkansas

Work Permit: Not required except for entertainment industry

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 48 hours per week, 6 days per week.
  • 16 and 17: 10 hours per day, 54 hours per week, 6 days per week.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (or 9 pm before a non-school day) to 6 am.
  • 16 and 17: 11 pm (midnight before a non-school day) to 6 am before a school day (this is for 16-year-olds only – there are no requirements for 17-year-olds).

California

Work Permit: Required for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 40 hours per week when school is not in session. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: 8 hours per day, 48 hours per week when school is not in session. When school is in session, 4 hours per day (8 on a non-school day or any day preceding a non-school day), 48 hours per week.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am.
  • 16 and 17: 10 pm (or 12:30 am before a non-school day) to 5 am.

Colorado

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 40 hours per week when school is not in session. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None 

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am.
  • 16 and 17: None

Connecticut

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. (Minors 14 & 15 are generally not permitted to work when school is in session)
  • 16 and 17: Generally, when school is not in session, 8 hours per day, 48 hours per week, 6 days per week. When school is in session, 6 hours per school day (8 hours on Friday, Saturday, and Sunday), 32 hours per week. But these hours may vary per industry. You can check the more detailed guidelines here.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm July 1st – Labor Day) to 7 am.
  • 16 and 17: 10 pm or 11 pm (midnight if no school the next day) (depending on the establishment the minor is working in) to 6 am

 

Delaware

Work Permit: Mandatory for those under 18.

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 4 hours per day, 18 hours per week. 
  • 16 and 17: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 12 hours per day, combined school and work.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: No specific nightwork limitations, but minors are required to have 8 consecutive hours of non-work, non-school time in each 24-hour day.

 

Florida

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on Saturday and Sunday), 15 hours per week.
  • 16 and 17: Under Florida’s HB49 which went into effect in July 2024, certain restrictions has been relaxed for 16 and 17-year-old minors. They can exceed the 30-hour weekly limit provided there’s appropriate consent. If they’re scheduled to work 8 or more hours, they must have a meal break of at least 30 minutes after no more than 4 hours of continuous work. 

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm to 7 am before or on a school day. 9 pm to 7 am during holidays and summer vacation.
  • 16 and 17:  11 pm to 6:30 am when school is scheduled the following day. 

 

Georgia

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Hawaii

Work Permit: Mandatory for those under 18

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day, 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm to 7 am (9 pm to 6 am during school breaks).
  • 16 and 17: None

 

Idaho

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 9 hours per day, 54 hours per week
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 9 pm to 6 am
  • 16 and 17: None

 

Illinois

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 48 hours per week, 6 days per week. When school is in session, 3 hours per day, 24 hours per week. The combined hours of school and work may not exceed 8 hours per day.
  • 16 and 17: None

Must provide a scheduled meal period of at least 30 minutes no later than the 5th consecutive hour of work

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: None

 

Indiana

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week. 
  • 16 and 17: Can work up to 8 hours on school days, 9 hours on non-school days, and 30 hours per school week. Written parental consent required for some hours.

Workers under age 18 must get a 30-minute break if they work for 6 or more consecutive hours.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: Can work until 12:00 a.m.(16 year olds) or 1am (17 year olds) on non-school nights. Specific conditions apply and parental consent is required for some hours.

 

Iowa

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 6 hours per day, 28 hours per week.
  • 16 and 17: May work the same hours as those who are 18 years old.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 9 pm (11 pm from June 1st – Labor Day) to 7 am.
  • 16 and 17: None

 

Kansas

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 10 pm to 7 am
  • 16 and 17: None

 

Kentucky

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: Three 3 hours per day on school day, 8 hours per day on non-school day, and 18 hours per week. When school is not in session, they may work 8 hours per day and 40 hours per week.
  • 16 and 17: When school is in session, 6 hours per school day (8 on a non-school day), 30 hours per week.To work more than thirty (30) hours, they must complete the Certificate of Satisfactory Academic Standing Form and the Parent/Guardian Statement of Consent Form. When school is not in session, no restrictions.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: May not work before 7 AM or after 7 PM (9 PM June 1 through Labor Day).
  • 16 and 17: May not work before 6 AM or past 10:30 PM (11 PM with parental permission) preceding school day or 1 AM preceding non-school day. 

 

Louisiana

Work Permit: Mandatory for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week. Minors under 16 must get a 30-minute break for 5 hours of work. 
  • 16 and 17: None but they must get an eight-hour rest break before the next day of work

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: 16-year-old enrolled minor: 11 pm to 5 am before a school day. 17-year-old enrolled minor: 12 am to 5 am before a school day.

 

Maine

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week, no more than 6 days in a row. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week, no more than 6 days in a row. 
  • 16 and 17: When school is not in session, 10 hours per day, 50 hours per week and there are less than 3 scheduled school days or during the first of the week, no more than 6 days in a row. When school is in session, 6 hours per day (8 hours on the last scheduled day of the school week), 24 hours per week with 3 or more school days in a week, no more than 6 days in a row.  
     

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm during school summer vacation) to 7 am
  • 16 and 17: 10:15 pm (12 am before a non-school day) to 7 am (5 am before a non-school day).

Maryland

Work Permit: Mandatory for those under the age of 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 4 hours per day (8 hours on a non-school day), 18 hours per week. Must have a 30-minute break when working for more than 5 consecutive hours.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: No specific nightwork limitations, but minors are required to have 8 consecutive hours of non-work, non-school time in each 24-hour day.

Massachusetts

Work Permit: Required for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day on a school day (8 hours on Saturdays, Sundays, and holidays), 18 hours per week, 6 days per week.
  • 16 and 17: 9 hours per day, 48 hours per week, 6 days per week. 

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: 10 pm (11:30 pm before a non-school day) to 6 am *Exception for restaurants and racetracks: 12:00 am to 6 am (only on a non-school night).

Michigan

Work Permit: Generally required for those under 18. Not required for minors 16+ who have completed the requirements for high school (or an equivalent) and provide proof to the employer. A work permit is also not required for 17-year-olds who have passed the GED.

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: No more than 48 hours total school and work combined per week, 6 days per week.
  • 16 and 17: When school is not in session, a maximum of 48 hours per week. When school is in session, a maximum of 24 hours per week. 

Workers under 18 must have a documented uninterrupted 30-minute break if they work more than 5 hours.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 9 pm to 7 am
  • 16 and 17: 10:30 pm (11:30 pm on Fridays, Saturdays, and school vacations) to 6 am.

Minnesota

Work Permit: Mandatory for those under 16 during the school year

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm outside of the school year) to 7 am
  • 16 and 17: 11 pm to 5 am before a school day, or 11:30 pm to 4:30 am with written permission from a parent or legal guardian.

Mississippi

Work Permit: Required for those under 16 in mills, canneries, workshops, and factories.

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 44 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm to 6 am
  • 16 and 17: None

Missouri

Certification requirements:

  • Age Verification: Not required
  • Work Permit: Required for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 6 days per week. When school is in session, 3 hours per day. 
  • 16 and 17: None

Break time is up to the discretion of the employer except for youth workers in the entertainment industry, where youth workers must take a meal break after working no more than five and a half hours. They are also entitled to a 15-minute rest period, counted as work time, after every two hours of continuous work.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day; 10:30 pm if the minor works at a regional fair) to 7 am.
  • 16 and 17: None

Montana

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm outside of the calendar school year) to 7 am
  • 16 and 17: None

 

Nebraska

Work Permit: Required for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 48 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Nevada

Work Permit: Mandatory for minors under the age of 14

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 48 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: None
  • 16 and 17: None

 

New Hampshire

Work Permit: Mandatory for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: When school is in session, no more than 6 consecutive days nor more than 30 hours per week. When school is not in session, no more than 6 consecutive days nor more than 48 hours per week. Specific restrictions apply for minors employed in manufacturing and they may not work more than 10 hours per day in manufacturing, more than 101/4 hours per day in manual or mechanical labor, nor more than 8 hours per night, if working at night.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

New Jersey

Work Permit: Mandatory for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: During summer vacation, 10 hours per day, 50 hours per week. Outside of summer vacation, 8 hours per day, 40 hours per week, 6 days per week.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm to 7 am with limited exceptions
  • 16 and 17: 1 pm to 6 am while school is in session or after midnight on days not followed by a school day. When school is not in session 11 pm to 6 am or 3 am in restaurants and seasonal amusements.

New Mexico

Work permit: Mandatory for workers under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm for non-school day) to 7 am
  • 16 and 17: None

 

New York

Work Permit: Mandatory for those under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week, 6 days per week. 
  • 16 and 17: When school is not in session, 8 hours per day, 48 hours per week, 6 days per week. When school is in session, 4 hours per day on days preceding a school day, 8 hours on Fridays, Saturdays, Sundays, and holidays, 28 hours per week, 6 days per week.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 21st – Labor Day) to 7 am
  • 16 and 17: 10 pm to 6 am, while school is in session Midnight to 6 am, while school is not in session *Exception: With written permission from a parent and the school, 16 and 17-year-olds may work until midnight before a school day. 

North Carolina

Work Permit: Required for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week. Youth workers must take a 30-minute break after five consecutive hours of work.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: 11PM to 5AM when preceding a school day for youth who are in grades 12 and below

 

North Dakota

Work Permit: Mandatory for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Ohio

Work Permit: Mandatory for minors under 16 at any time as well as for 16 and 17 year olds during the school year.

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 p.m. (9 p.m. June 1 to Sept. 1 and during school holidays of 5 school days or more) to 7 a.m., 7 p.m. to 7 a.m. in door-to-door sales.
  • 16 and 17: 11 p.m. before school day to 7 a.m. on school day (6 a.m. if not employed after 8 p.m. previous night) if required to attend school. 8 p.m. to 7 a.m. in door-to-door sales.

 

Oklahoma

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.

    Must have one hour rest period for 8 consecutive hours worked or 30-minute rest periods for five consecutive hours worked. Breaks must be documented.

  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Oregon

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: 44 hours per week, no daily hour restrictions.

Employers must provide 30-minute meal breaks for six or more hours of work in a day. Fifteen-minute rest breaks are also required for each four hours of work.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Pennsylvania

Work Permit: Mandatory for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 4 hours per day (8 on a non-school day), 18 hours per school week + 8 additional hours on Saturdays and Sundays.
  • 16 and 17: When school is not in session, 10 hours per day, 48 hours per week. When school is in session, 8 hours per day, 28 hours per school week + 8 additional hours on Saturdays and Sundays, 6 days per week.

A 30-minute meal period required on or before five consecutive hours of work.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm during school vacations) to 7 am
  • 16 and 17: 12 am (1 am before a non-school day) to 6 am

 

Rhode Island

Work Permit: Mandatory for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: 9 hours per day, 48 hours per week during the school year (no restrictions outside the school year).

Must have an 8-hour break between the end of a shift and the start of the next work day.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm during school vacations) to 6 am
  • 16 and 17: 11:30 pm (1:30 am before a non-school day) to 6 am

 

South Carolina

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm during summer vacations) to 7 am
  • 16 and 17: None

South Dakota

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 4 hours per day, 20 hours per week. 
  • 16 and 17: None
  • Minors younger than 14 years old may not be employed during school hours and later than 7PM

Night work is not allowed for minors of these ages during these hours:

  • Under 16: After 10 pm on a school night. 
  • 16 and 17: None

 

Tennessee 

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Minor workers must have a 30-minute unpaid break if working six consecutive hours. Breaks should not be scheduled before the first hour of the work day.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: When school is not in session, 9 pm to 6 am. When school is in session, 7 pm to 7 am.
  • 16 and 17: 10 pm to 6 am Sunday through Thursday (midnight is allowed up to 3 nights per week by 16 and 17-year-olds with permission from their parents).

 

Texas

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 48 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 10 pm (midnight before non-school day) to 5 am
  • 16 and 17: None

 

Utah

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is in session, 3 hours a week, 18 hours a day. When school is not in session, 8 hours in a day and 40 hours in a week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm on June 1 to Labor Day) to 7 am 
  • 16 and 17: None

 

Vermont

Work Permit: Mandatory for minors under 16 during the school year

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week, 6 days per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

 

Virginia

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Washington

Work Permit: Mandatory for those under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on Saturdays and Sundays), 16 hours per week, 6 days per week. Must have a paid 10-minute break for every two hours worked and 30-minute unpaid meal break starting no later than 4 hours into the shift.
  • 16 and 17: When school is not in session, 8 hours per day, 48 hours per week, 6 days per week. When school is in session, 4 hours per day (8 hours on Fridays, Saturdays, and Sundays), 20 hours per week, 6 days per week. Must have a paid 10-minute rest break every 4 hours of work and 30-minute unpaid meal break starting no later than 5 hours into the shift.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: 10 pm to 7 am, Sunday through Thursday. Midnight to 5 am Friday, Saturday, and when school is not in session.

 

 

West Virginia

Work Permit: Required for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Wisconsin

Work Permit: Generally required for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: No restrictions, but minors working after 11:00 pm must have 8 hours of rest prior to the start of the next shift. 

 

Wyoming

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

District of Columbia

Work Permit: Mandatory for those under 18

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 48 hours per week, 6 days per week. 
  • 16 and 17: 8 hours per day, 48 hours per week, 6 days per week. 

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: 10 pm to 6 am

 

Guam

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: 8 hours per day, 40 hours per week. 

Employers must provide a 30-minute meal period for every 4 hours worked.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: 10 pm (midnight on non-school nights) to 6 am

 

Puerto Rico

Work Permit: Mandatory for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 8 hours per day of school and work combined. 
  • 16 and 17: 8 hours per day, 40 hours per week, 6 days per week. 

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 6 pm to 8 am
  • 16 and 17: 10 pm to 6 am

States have diverse regulations governing child labor, including restrictions on work hours, permitted job types, work permit requirements, and proof of age or age verification. While many of these rules are clearly defined, others can be nuanced or ambiguous. To ensure compliance, it’s crucial to verify a minor’s age before hiring and to follow both federal and state laws applicable to youth employment. When in doubt, consult the appropriate state office for clarification.

Below are some notable state-specific rules and differences that employers should keep in mind.

Minor labor laws in New York

New York follows the federal laws for minors under the age of 16. For minors ages 16 and 17, New York is slightly stricter than other states, prohibiting them from working more than 28 hours per week while school is in session. Many other states allow 16 and 17 year-olds to work 40 or more hours per week, even when school is in session. 

New York gives working hour exceptions to 16 and 17 year-olds who have written permission from both their parent or legal guardian and a certificate of satisfactory standing from the school they attend. Without this permission, they are prohibited from working after 10:00 pm on a school day. 

When school is not in session — during the summer, for example — they may work until 12 am without the need for written permission. 

Minor labor laws in Alabama

In Alabama, any minor under the age of 18 must have a Child Labor Certificate for each employer they work for. Minors can get a certificate from the school they attend. There are two classes of Child Labor Certificates: Class I is required for 14 and 15-year-olds, and Class II is required for 16 and 17-year-olds. 

Alabama also has restrictions for employers that sell liquor. Minors 14 and 15 years of age are not permitted to work at any establishment that serves alcohol on its premises. 

Minor labor laws in Colorado

In Colorado, minor labor laws apply to all people under 18 unless they have received a high school diploma or GED. While work permits are not required in Colorado, employers can request an age certification as proof of age. These certifications are issued by the school district that the minor attends. Colorado also allows 14 and 15-year-olds to obtain a school release permit if a student wishes to work on a school day during school hours. 

Colorado’s labor laws also include various trades that are permissible at certain ages. For example, a 9-year-old can do shoe-shining, yard work, golf caddying, and other similar jobs.  Once a minor turns 14, they can work in almost any non-hazardous occupation. 

Workforce.com helps you stay in compliance with minor labor laws

Workforce.com’s scheduling, time & attendance, and payroll software lets you easily keep track of hours worked so you don’t overschedule people under 18 and pay them accurately. Our software allows you to automatically account for the break laws and hourly limits for minors in all 50 states so you can schedule your employees with confidence that you’re staying in compliance. Workforce.com handles all paid and unpaid breaks and overtime rules, so you don’t have to remember what they are off the top of your head. 

Workforce.com gives you both convenience and confidence when it comes to scheduling your employees under 18. Give Workforce.com a try today. 


This information is for general purposes only and should not be considered legal advice. While we strive to keep it updated, laws and regulations can change at any time. It’s always a good idea to consult with a legal professional or relevant authorities to compliance with the most current standards.

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Employee or contractor? 6 worker misclassification FAQs

Astronaut Dog Thinking

Summary

  • Misclassifying full-time employees as independent contractors can lead to legal and compliance issues down the line. 

  • There are a number of ways to determine whether or not a worker should be classified as an employee or contractor. 

  • Aside from seeking legal counsel, employers can use workforce management solutions to stay compliant with labor laws and properly classify workers. 

The number of freelancers and independent contractors is growing steadily in the United States. McKinsey found that approximately 58 million American workers, or 36% of the American working population, consider themselves to be independent workers. This figure is expected to reach 90.1 million by 2028. 

With this rise in contractors in recent years, worker protection laws are shifting to reduce incorrect worker classification.

Worker misclassification is when a company hires individuals as self-employed or independent contractors to carry out the tasks of a full-time worker. 

To learn more about the misclassification of employees and its implications, we spoke with Hinshaw & Culbertson law partner Aimee Delaney.

What exactly is worker misclassification?

“Misclassification is a term that is used when an employer incorrectly identifies an individual or position as an independent contractor when the individual is really an employee,” said Delaney. 

According to Delaney, there are a number of circumstances that can motivate employers to classify individuals as contractors: 

  • Independent contractors are not subject to state and federal wage laws, which means they are not entitled to overtime if they work over 40 hours a week. 
  • An employer does not have to pay the employer portion of payroll taxes and does not make withholdings for an independent contractor. 
  • An independent contractor is also not entitled to benefits such as workers’ compensation or unemployment benefits from the organization that the individual contracts with. 

“Misclassification does not require bad intent to be a violation,” said Delaney, “so even if it was an honest mistake, it can still present a violation of law.”

Delaney added that the definition of an employee, as opposed to an independent contractor, lies with the employer. It should evaluate whether it has employees on the payroll who are performing the same work and function as the independent contractor. A good follow-up to that question is will the independent contractor be performing the main work of the business.

“Answering these questions in the affirmative is usually a sign of trouble,” Delaney said. “So if I run a home health business and have a staff of 25 home health workers but want to bring on three more as independent contractors, you are probably well on your way to misclassification.”

Delaney said the home care and home health industry can suffer from labor shortages. While trying to use independent contractors to address a shortage of workers may be tempting, it can also be risky, she said.

“Staffing agencies would be a better resource in that scenario, as it avoids the misclassification issue,” Delaney said. “You may not be able to avoid a joint employer issue, but at least you should avoid the misclassification issue.”

Why does employee misclassification matter?

Employee misclassification is bad for business, bad for workers, and bad for the public sector. According to the U.S. Department of Labor (DOL), misclassified employees lead to lost government contributions that should be going towards things like state unemployment insurance and workers’ compensation insurance.  

While employers might attempt to incorrectly classify their employees to avoid having to deal with tax withholding, the financial and reputational consequences of doing so greatly outweigh the savings.

Workers who carry out the role of employees but are contracted as freelancers are not entitled to the same rights and benefits. They are not eligible for things like paid vacation and sick leave and can be laid off much more easily.  

Independent contractors are also responsible for paying their own Social Security and Medicare through the Self Employment Tax (SET).

How do employers typically classify a permanent employee versus an independent contractor? 

When an employer hires a permanent employee, that person is expected to devote their full workday to the tasks they are given by the employer. Permanent employees cannot work for other organizations at the same time. 

The employment relationship between a company and an independent contractor, on the other hand, is of a different nature. According to Delaney: 

An employer will typically only have an independent contractor for some type of special project that falls outside of the normal business conducted by the operation. For example, a law firm may need to upgrade its document management system and retain a third-party vendor as an independent contractor to complete the project. The contractor is not performing the work of the law firm, the law firm does not exercise control or supervision over the vendor and only controls the ultimate product. This concept is also separate from the concept of temporary staffing, which relies on the use of temporary workers that are employed by a third party.

The  California law Assembly Bill 5 (AB-5) clarifies the difference between employee and contractor in the state. The California Supreme Court requires the use of the ABC test, outlined on the ca.gov website, which assigns three conditions that must be met to consider an employee as an independent contractor:

  • The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
  • The worker performs work that is outside the usual course of the hiring entity’s business; and
  • The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
(Source: https://www.labor.ca.gov/employmentstatus/abctest/)

Also read: Ease compliance concerns with workforce management software

What is the advantage for employers to classify their workforce as independent contractors? 

Some employers think worker misclassification is worth it because contractors are more affordable. But Delaney says the risks involved outweigh the perceived benefits:

“There is no advantage to employers if the classification is not correct, because the risk and liability will generally outweigh any benefit. If the classification is appropriate, the advantage is often a lower cost with a known end date. As noted above, independent contractors are not subject to state and federal wage laws, so they are not subject to the minimum wage and overtime requirements.”

What should employers know about defining their workforce to avoid misclassification? 

“Employers must be aware of the key concepts and tests that are applied to determine whether independent contractor status is appropriate,” says Delaney. “These are the tests that will get used by the Labor Department, the Equal Employment Opportunity Commission (EEOC), the IRS, etc. In some form or fashion, these tests all look to the level of control exercised by the organization over the individual and the economic realities of the relationship.”

If you are using the services of independent contractors, Delaney recommends that you carry out regular audits to make sure that you are doing so in a compliant way. If you do find cases of misclassified employees, you will also need to assess whether any overtime wages are owed to them.  

Also read: What employers and HR should expect from new Labor Secretary Marty Walsh

Is employee misclassification a growing trend in wage and hour/overtime violations? If so, why is that?

The wage and hour laws stipulated in the Fair Labor Standards Act (FLSA) do not apply to independent contractors. Because of this, companies with misclassified workers are often found guilty of breaking wage and overtime violations.

If a worker is found to be misclassified, their employers might end up owing them significant amounts of money in back wages. 

Stay compliant with a workforce management tool

Navigating federal and state laws around labor codes and employee classification can be tricky. The language is complicated and misinterpreting it can lead to mistakes that break the bank and your reputation. So when in doubt, seek legal advice. 

Workforce.com can help with our powerful wage and hour compliance platform. It accounts for federal, state, and regional wage laws when paying salaries, even in situations where your staff might be distributed around the country. And most importantly, an automated workforce management system helps you maintain an accurate paper trail for whenever external audits come knocking. With detailed labor records, you can rest assured that misclassification accusations will never catch your organization off guard. 

Book a demo today to keep your time tracking and scheduling air-tight. 

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Poor recordkeeping contributes to contractor paying $500K in back pay, fines after Labor Department probe, litigation

poor recordkeeping

A New York-based contractor agreed to pay 69 employees $500,000 in back wages and damages to resolve violations of the Fair Labor Standards Act’s overtime and recordkeeping requirements after being sued in federal court by the Department of Labor.

Investigators from the department’s Wage and Hour Division found that Maio Building Corp. and owner John Maio often directed laborers and masons to work 10-hour days, five or six days a week, knowing the FLSA required employees to receive overtime pay when they worked more than 40 hours per week. The company reached a settlement and was ordered by the U.S. District Court for the Eastern District of New York to pay $250,000 in back wages and an equal amount in liquidated damages, according to a Labor Department statement.

Clean up recordkeeping

Maio also paid employees in cash or a combination of check and cash and failed to keep accurate records of employees’ work hours and regular hourly rate of pay, according to the Labor Department statement.

Poor FLSA compliance and recordkeeping that lead to steep Labor Department fines is avoidable, said employment law attorney William J. Anthony, a partner at Blank Rome in New York. The FLSA permits any form of timekeeping system as long as it accurately records all hours worked, he said. 

Also read: How to schedule employees effectively: 5 proven steps

“Many employers use electronic timekeeping systems and payroll companies to help with compliance and avoid legal issues,” he said.

Enforce your time and attendance policies

Sonya Rosenberg, a labor law attorney and partner with Neal Gerber in Chicago, added that it’s not enough to just have written policies. 

“You want to be sure they are consistently enforced and that there are established, working procedures in place for when any corrections need to be made,” she said. “Every organization needs to ensure that all of its employees, and particularly its frontline supervisors, managers and HR staff are well trained in wage and hour requirements.”

Employers must emphasize that accurate time tracking is an essential element of each employee’s job and that failure to adhere to the rules will result in discipline, said Kara Govro, senior legal analyst at HR consultancy Mineral (formerly ThinkHR and Mammoth). Make sure employees see and read the policy. Enforcing these policies is crucial.

“If you say you’re going to be serious about it, be serious about it,” Govro said. “Write employees up, issue final warnings and be prepared to terminate if you have employees who refuse to meet your clearly articulated expectations.”

Anthony cited four ways to clean up recordkeeping practices. 

  1. Publish a policy on how to accurately record time and how to report any payroll errors.
  2. Have employees certify that their weekly time records are accurate.
  3. Train new employees on proper timekeeping.
  4. Monitor the timekeeping and payroll systems regularly to ensure accuracy. 

Anthony also said that responsibility for accurate wage and hour recordkeeping typically falls on human resources or the in-house legal department to ensure compliance. In smaller organizations, it may be the owners or management personnel who are responsible, he said. 

“Under the FLSA, an employer includes individuals with decision-making authority and operational control over payroll and wage and hour practices,” he said.

The consent judgment is the outcome of a lawsuit filed by the Labor Department’s Office of the Solicitor. In addition to the payment of back wages and damages to the employees, the judgment prohibits Maio Building Corp. from:

  • Future violations of the FLSA’s overtime and recordkeeping requirements.
  • Taking retaliatory action against employees who exercise their FLSA rights.
  • Telling any of their employees not to speak with or provide untruthful information to Labor Department investigators.
  • Soliciting or accepting the return or kick back of the wages and damages from the affected employees.
  • Threatening or implying adverse action against any employees or former employees because of their receipt of funds due under the judgment or the FLSA.
  • Otherwise obstructing or interfering with any department investigative activities.

Maio denied the allegations and said the company acted in good faith and complied with the law, according to a June 7 Equipment World article. The response said the Labor Department’s claims were barred by the Federal Motor Carriers Act and that the division had denied Maio due process rights at the closing conference by “refusing to discuss the MCA exemption,” the article stated.

Stricter Labor Department enforcement

On April 30, 2021, a settlement agreement was filed with the court in which Maio neither admitted nor denied the allegations, but that the company agreed to the settlement “to avoid the burden and expense of litigation,” according to the article.

Given that the Labor Department under Secretary Marty Walsh is stepping up enforcement versus guidance, particularly in its wage and hour division, Rosenberg urged employers to review and update wage and hour policies and practices and to make any appropriate adjustments or corrections. 

“The DOL investigators are making no secret of the department stepping up efforts and increasing penalties for noncompliant employers,” she said. “For any employer with a significant number of nonexempt employees, this should be a high-priority area.”

Interestingly, a newly released survey by law firm Ogletree Deakins notes that 47 percent of employers surveyed say that state and federal agencies are more aggressive in terms of enforcement than ever. Anthony added that between stepped-up enforcement, changing regulations and guidance, along with state wage and hour laws, it is critical that employers stay abreast of all legal developments. 

“This is an area of the law where claims can be avoided if employers regularly focus on compliance,” he said. “Conducting internal pay practice audits, regularly reviewing payroll policies, training personnel responsible for compliance, ensuring accurate timekeeping systems and payroll practices can usually avoid damages being assessed by the Labor Department or a court.”

Labor Department investigations are largely driven by employees contacting the agency, Govro said. Once that call has been made, federal laws are in play, she said. 

The Labor Department isn’t going to just “guide” an employer in the right direction when they have been failing to pay minimum wage or overtime, she added. They are going to collect the back pay.

“The bottom line is that employers need to be paying very close attention to timekeeping and accurate payment of wages at all times, regardless of the DOL’s mood,” Govro said.  

Book a demo today to see how to build schedules, manage labor costs and ensure labor compliance with Workforce.com’s No. 1 employee scheduling software.

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Logistics company ordered to pay $120K for wage and hour violations, must implement timekeeping system

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A Southern California logistics provider was ordered to pay $120,000 in overtime back wages to 388 employees and also must implement a timekeeping system to shore up compliance issues.

Following a recent finding of the Department of Labor affirmed by a federal court in California, an additional $2,000 penalty also was assessed to the employer, Global One Logistics, by the department’s Wage and Hour Division to address the employer’s willful violations of the Fair Labor Standards Act. Employees were told to record only eight hours of labor each day regardless of how many hours they actually worked, according to a May 24 Labor Department press release.

Maintain accurate timekeeping

The court ordered Global One Logistics, which provides warehousing and distribution services for the home fashion and apparel industry, to implement a reliable timekeeping system that allows each employee to accurately record their daily start and stop times, the Labor Department stated. The order also instructed the employer to not alter or manipulate time or payroll records to reduce the number of hours actually worked and not to encourage or pressure workers to underreport hours worked, the statement said.

Aimee Delaney, partner at law firm Hinshaw & Culbertson, said that while the timekeeping order is not unusual, the FLSA places an obligation on employers to maintain accurate time records for its employees. It does not dictate a specific method, but there must be accurate records maintained, she said. 

“Digital time and attendance systems do deter manipulating time and payroll records, particularly if you are comparing to handwritten timesheets,” Delaney said.

 ‘Willful’ wage and hour violations

Investigators found the employer willfully failed to pay employees overtime at time-and-one-half their regular rates of pay when they worked more than 40 hours per week, according to the Labor Department. In addition to requiring employees to falsify the number of hours they worked each day, the employer also paid for the unrecorded hours in cash at workers’ straight-time rates, the Labor Department stated.

A “willful” violation under wage and hours laws has specific meaning and consequences, said Delaney. If a violation is found to be willful, the statute of limitations for the claim goes from two to three years and there are additional penalties, such as the $2,000 levied against the employer, she said.

Aimee Delaney, wage and hour violation
Aimee Delaney, partner at law firm Hinshaw & Culbertson.

“When used in the FLSA context, a violation is willful if the employer either knew or showed reckless disregard for whether its conduct was prohibited by the FLSA,” Delaney said.

Employers who purposefully manipulate payroll records in an attempt to avoid their legal obligations will be held accountable by the Labor Department, said Wage and Hour Division Assistant District Director Rafael Valles in West Covina, California.

“The outcome of this investigation serves as a reminder to all employers to review their pay practices to ensure they comply with the law and as a reminder to workers that they have the right to be paid for all of the hours that they work.”

Compliance is an organizational responsibility

Minimizing the risk of wage and hour and overtime violations falls on several departments and various roles within the organization. Managers in particular often are on the frontline with workers and should be familiar with compliance and timekeeping requirements.

“They know and are often the assigner and approver of overtime,” Delaney said. “Managers certainly bear a responsibility for knowing the state and federal requirements and not directing employees to do something out of compliance with those requirements.” 

Human resources and payroll departments often have higher-level oversight and compliance responsibilities. HR may not always be aware of specific timekeeping violations occurring day to day but can ensure that managers are properly trained. 

Also read: Using software to simplify payroll and overtime

“HR should also be aware if unusual or significant hours are being worked, which may prompt a review or audit to ensure employees working the additional hours are properly paid,” Delaney said. “Payroll is often simply a function of processing pay for what is reported on the time records. However, payroll certainly has a role to play in ensuring that all reported hours are paid correctly, including the correct overtime premiums.”

Labor Department enforcement

Delaney also pointed out that “off the clock” violations are among the clearest abuses of state and federal wage and hour laws.

“It literally means you are requiring the employees to work while not recording their time, which means they will not be paid,” she said. “Under the FLSA, non-exempt employees must be paid for all hours worked. Employers also have an obligation to maintain accurate time records.”

She added that this case isn’t necessarily a predictor of tougher Labor Department enforcement of wage and hour laws. The violations presented in the facts were blatant violations of fairly established wage and hour rules, she said. 

“Once violations are found, the Labor Department is always going to ensure enforcement to get the employees paid the wages owed,” she said.

Time and attendance software takes the headache out of tracking your hourly employees. Workforce.com has automatic systems in place to help you streamline your processes, save time and protect your bottom line. Book your demo today.

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More uncertainty for employers as Labor Department withdraws independent contractor rule

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After months of anticipation, the U.S. Department of Labor withdrew its Independent Contractor Final Rule on May 5.

The Final Rule was published in the final two weeks of the Trump administration. Almost immediately following President Joe Biden’s inauguration, it became the subject of a delayed effective date (from March 8, 2021, to May 7, 2021) and notice of proposed rulemaking, in which the Labor Department proposed to withdraw the Final Rule before its delayed effective date.

In light of the Labor Department’s withdrawal of the Final Rule, employers will continue to be subject to the existing “economic realities” standard applied by the agency for determining whether a worker is an employee or an independent contractor. However, employers should remain vigilant as the Labor Department may soon revisit this issue.

The Final Rule had sought to clarify the relevant factors the Labor Department would consider to classify workers as independent contractors or employees. This designation is important because independent contractors, unlike employees, are not afforded minimum wage and overtime protections under the Fair Labor Standards Act.

Because the FLSA provides minimal guidance to employers regarding worker classification, the Labor Department and the courts have developed their own standards, including the so-called “economic reality” of the relationship between the employer and the worker.

Before the Final Rule, the Labor Department and most courts had long utilized a six-factor test for determining whether a worker should be classified as an independent contractor or an employee. The Supreme Court originally set out this test in United States v. Silk, indicating the following factors:

  1. The employer’s versus the individual’s degree of control over the work.
  2. The individual’s opportunity for profit or loss.
  3. The individual’s investment in facilities and equipment.
  4. The permanency of the relationship between the parties.
  5. The skill or expertise required by the individual.
  6. Whether the work is part of an integrated unit of production.

Since the Silk ruling, most federal courts and the Labor Department analyzed employee classification using a variation of the multifactor weighing test with all factors being given equal consideration. Indeed, in its primary regulatory guidance issued in July 2008, the Labor Department confirmed in Fact Sheet 13: Employment Relationship Under the Fair Labor Standards Act its reliance on the economic reality test and listed seven factors to be considered, which largely mirrored the six factors identified in Silk and added the “amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor” as an additional factor to be considered.

Breaking with the Labor Department’s prior practice of treating these seven factors as equally weighted, the Final Rule sought to pare the inquiry down to five factors and stated that two of those factors — the “nature and digress of the individual’s control over the work” and “the individual’s opportunity for profit or loss” — should be “afforded greater weight.”

As such, the Final Rule directed that only if the two core factors were inconclusive should the three remaining factors — namely, the skill or expertise required by the individual; the permanency of the relationship between the parties; and whether the work is part of an integrated unit of production — be considered.

Although many praised the Final Rule for simplifying what has become an inconsistent patchwork of approaches to the economic realities test in courts across the country, the Labor Department has since stated that the Final Rule was inconsistent with the FLSA’s text and purpose, and would have a confusing and disruptive effect on workers and businesses alike due to its departure from longstanding judicial precedent. Accordingly, the agency announced May 5 that the Final Rule was withdrawn effective immediately.

The Labor Department has not stated whether it intends to issue new guidance or regulations addressing the classification of independent contractors. Further complicating this issue for employers, both the initial delay of the Final Rule and its subsequent withdrawal are the subjects of a lawsuit pending in the U.S. District Court for the Eastern District of Texas brought by four employer-focused interest groups who seek the court’s intervention to declare the withdrawal unlawful and make the Final Rule effective.

The lawsuit is in its initial stages, and it remains to be seen how it will be resolved.

For the time being, all Labor Department regulations and guidance concerning independent contractor classification in place before the Final Rule’s publication continue to apply. However, given recent remarks by President Biden and U.S. Secretary of Labor Marty Walsh, the Labor Department may revisit the independent contractor standard.

If that occurs, it is expected that the Labor Department would take a more aggressive approach toward enforcement of worker classification laws and seek to further narrow the subset of workers who may be properly classified as independent contractors under the FLSA, particularly gig economy workers.

Notwithstanding the pending legal challenge to the withdrawal of the Final Rule, employers would be wise to evaluate their practices as to classification of employees and ensure that any independent contractors are properly classified under the Labor Department’s current 2008 guidance.

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Oilfield pipeline inspectors working across 40 states awarded $3.8M in back wages

timeclock, wage and hour, schedule, timesheet rounding

FIS Holdings LLC, a pipeline inspection company based in Sand Springs, Oklahoma, was fined $3,852,968 after violating overtime requirements of the Fair Labor Standards Act for 1,100 of its employees, a Labor Department investigation discovered.

The oil and gas industry depends on independent inspection companies like FIS Holdings to protect this essential infrastructure. The employees, who work in 40 states ranging from Massachusetts to California and Idaho to Alabama, keep more than 2.6 million miles of pipe in the U.S. secure, the Labor Department said in an April statement.

Investigators discovered that the company, which does business as Frontier Integrity Solutions Operations LLC and operates in the U.S. and Canada, paid workers a fixed amount per day, regardless of the number of hours that they worked. The practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer failed to track those hours or pay workers overtime.

The employees typically worked between 50 and 60 hours per week. The employer’s failure to keep records of the number of hours employees worked also resulted in recordkeeping violations, the Labor Department release stated.

Kate Bischoff, an employment attorney at tHRive Law & Consulting LLC, said that managing employees’ time and attendance across multiple states shouldn’t necessarily complicate the process. The employer wasn’t following federal law for tracking time and paying overtime, she said. And that responsibility cuts across the entire organization, not just a single department like human resources or payroll.

“Everyone needs to play a part in compliance,” Bischoff said. “Frontline managers are important to get accurate time records from each employee. Payroll needs to verify, compile data including deductions, and ensure pay stubs are accurate. And, HR needs to make sure everyone has the tools and knowledge to do their jobs accurately.”

Many employers are looking for ways to make payroll as easy as possible, including paying fixed rates to non-exempt employees, misclassifying workers as independent contractors, and not requiring employees conduct paperwork when their actual work is dangerous, Bischoff said.

Bischoff pointed out that the investigation wasn’t handled by one office and one investigator but was a much bigger effort by multiple field offices to get the outcome for FIS employees.

Also read: Federal contractors fined $293K by Labor Department for wage violations

Bischoff said it’s clear that the Labor Department is focusing on enforcement over guidance. 

“The Biden administration’s Department of Labor under Secretary Walsh is going to focus on enforcement as a major motivator for employers to get their wage and hour houses in order,” she said.

Bischoff advised employers to talk with their attorneys and their technology vendors to ensure compliance before a Labor Department investigator comes knocking. 

“The Department of Labor’s focus on enforcement is designed to be a deterrent for all employers to motivate them to comply with the law,” she said. “Work with an attorney to really focus on making sure your I’s are dotted and T’s are crossed on wage and hour issues.”

Book a demo today to see how to build schedules, manage labor costs and ensure labor compliance with Workforce.com’s No. 1 employee scheduling software.

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Wage and hour violations during staff gatherings lead to substantial Labor Department fines

wage and hour law compliance, wages

Employee meetings are typically meant to discuss policies, reinforce training and build organizational transparency.

Two companies discovered the hard way that if not properly monitored, such gatherings can violate wage and hour and overtime laws, leading to the Fair Labor Standards Act violations and steep financial penalties.

Investigations by the Department of Labor Wage and Hour Division determined that Keystone Adolescent Center Inc. owed workers $44,858 in back wages for time spent in meetings, while Maggiano’s Little Italy restaurant in Philadelphia owed 82 employees $116,308 in back wages for minimum wage and overtime violations stemming from pre-shift meetings.

According to investigators, supervisors and behavior specialists gathered every two weeks at Keystone Adolescent Center’s five Greenville, Pennsylvania, facilities where they discussed policy changes, completed required training and reviewed safety procedures to help the at-risk youth they serve.

Also read: Labor Department reopens the floodgate to liquidated damages in wage and hour investigations

Keystone also used the meetings to distribute paychecks, yet failed to pay 80 workers who attended these meetings and required training outside of their regular shifts for the time they spent at them. The investigation determined that — by excluding this work time from employees’ pay — Keystone Adolescent violated the FLSA, leading to the recovery of back wages for the workers.

Wage and hour violations during staff meetings

According to an April 5 Labor Department press statement, investigators found that Keystone paid employees for time spent at staff meetings and required training only if those meetings and training occurred during their scheduled shifts. 

The employer failed to pay workers attending outside of their normal work hours for time they spent in those meetings and required training. Failing to record and pay for this time violated FLSA overtime and recordkeeping requirements, according to the statement.

“Employers must pay employees all the wages they legally earn, which includes paying them for any hours they work outside of their scheduled shifts,” said Wage and Hour Division District Director John DuMont in Pittsburgh.

Complying with federal, state laws

Aimee Delaney, a labor and employment law expert at law firm Hinshaw & Culbertson in Chicago, said that any time an employer requires a non-exempt employee’s attendance at a meeting, training or other mandatory event, the employer needs to realize that this time is considered hours worked and is compensable under state and federal law. This also means that if the time spent at the mandatory meeting puts the employee over 40 hours for the week, the employee is entitled to overtime for any time over 40 hours.

Aimee Delaney, wage and hour violation
Attorney Aimee Delaney, Hinshaw & Culbertson

The employer also needs to understand that state law may require overtime at different thresholds.

“One easy question an employer can ask itself when trying to determine if the time is compensable is whether the meeting or other event was mandatory, as that is usually a sign that the time must be paid,” Delaney said.

Compensation for pre-shift meetings

Oftentimes restaurant managers hold pre-shift meetings to motivate their employees, reinforce training or update the day’s menu. It is time for which employers typically should also be paying their workers, which is the lesson Maggiano’s Little Italy restaurant learned the hard way after a Labor Department investigation.

Investigators found minimum wage and overtime violations of the FLSA. In addition to the $116,308 in back wages, the Wage and Hour Division assessed a civil money penalty of $68,060 as investigators deemed the violations as willful, according to an April 12 Labor Department press statement.

The division determined that by failing to pay workers for time they spent attending pre-shift meetings, the restaurant failed to pay the required federal minimum wage. Maggiano’s Little Italy required dining room servers to attend 15- to 30-minute meetings before the start of their scheduled shifts. When employees worked more than 40 hours in a workweek, this unpaid time triggered overtime violations, according to the Labor Department.

“Restaurant workers are often among the nation’s lowest paid, and most vulnerable, particularly during the coronavirus pandemic,” said Wage and Hour District Director James Cain in Philadelphia. “When employers fail to account for all hours employees work, they deprive workers of their hard-earned wages. Other employers should use the outcome of this investigation as an opportunity to review their own pay practices, and ensure they comply with the law.”

Delaney noted that the Labor Department has a number of resources that explain the law and regulations on this topic specifically and there are specific rules on when activities by a non-exempt employee outside of work hours must be considered hours worked and/or compensable.

She also pointed out that vigorous enforcement of wage and hour and overtime laws is nothing new.

“While there may be a number of areas that employers can expect stricter compliance enforcement on with the new administration, this is a fairly settled area of the law and violations of this nature have been and will continue to be enforced regardless of a change in administration at the top,” she said.

Make wage and hour compliance headaches a thing of the past with Workforce.com’s industry-leading time and attendance software. Book your demo today.

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What employers and HR should expect from new Labor Secretary Marty Walsh

Department of Labor Secretary Marty Walsh

Recently confirmed Labor Secretary Marty Walsh will be the first union member to head the U.S. Department of Labor in half a century.

Given Walsh’s extensive union background, labor-management issues such as the unionization push among employees at an Amazon warehouse in Alabama will be front and center during his tenure as the Labor Department’s new leader. It’s also expected that Walsh’s leadership of the agency will prompt a crackdown in the enforcement of wage-and-hour laws and workplace safety regulations, among other worker-friendly policies.

According to a post on law firm Fisher Phillips’ blog shortly after Walsh was nominated in January to lead the Labor Department, “Many view Marty Walsh as a leader who aims for pragmatic solutions to problems and strives for unity and consensus-building. His first allegiance, however, will be toward workers. ‘Working people, labor unions, and those fighting every day for their shot at the middle class are the backbone of our economy and of this country,’ Walsh said in a tweet soon after Biden announced him as the nominee. ‘As Secretary of Labor, I’ll work just as hard for you as you do for your families and livelihoods. You have my word.’ ”

Kevin M. Young, a partner in labor and employment in Seyfarth’s Atlanta office, Jason E. Reisman, co-chair, Labor and Employment Practice Group, for Blank Rome in Philadelphia, and Christopher D. Durham, partner in Duane Morris’ Employment, Labor, Benefits and Immigration Practice in Philadelphia, offered their thoughts on what employers should expect as Walsh begins his tenure as the new Labor secretary.

Aggressive enforcement

Durham said employers can expect the Labor Department to more vigorously enforce employment laws through audits, investigations and court actions against employers, contrasting with the Trump administration’s focus on securing employer compliance through education, outreach and other less adversarial means. 

“These shifting enforcement priorities will be supported by regulations and sub-regulatory guidance that is more protective of employee rights than the generally business-friendly interpretations of the prior administration,” Durham said. “We have already seen examples of this regulatory shift in the DOL’s moves to undo the prior administration’s regulations on joint employer status and tipped-employee wages.”

Also see: Simplify labor compliance with accurate time and attendance tracking

Young pointed out that while the Labor Department under Trump was not as light on employers as some might assume — the Wage & Hour Division set a new record for back wages recovered in 2019 — it took a softer approach than previous administrations on the topic of damage enhancements. Liquidated damages, which is a penalty in an amount equal to back wages owed, were taken off the table in all but the rarest cases, he said.

“The new administration has reversed course on that issue, and it’s likely that other enforcement measures will reenter the picture, too,” Young said. “It’s not clear yet whether the number of investigations will increase — that depends on the budget as much as anything else — but employers should certainly be preparing for more aggressive investigations than in past years.” 

Reisman said that although Walsh was confirmed with strong bipartisan support, employers should expect his reputation as someone who is a consensus-builder to be tested early with so many critical items on his agenda, including the pandemic response and some critical Trump-era regulatory initiatives.

Employers also should expect there to be an ongoing clash between the age-old tensions that exist between the Labor Department when operated under a Republican administration and under a Democratic administration. 

“There is no question, given Walsh’s labor background and leadership of the building trades, that he will be a staunch supporter of workers’ and unions’ rights,” Reisman said. “He will not want to alienate his base of union support, or that of President Biden, especially in light of Biden’s promises to empower workers and unions.”

Employers can expect a return to a Labor Department that resembles and likely surpasses the enforcement efforts of the Obama administration, Reisman said. The DOL will be back on the trail of finding violations and holding employers accountable. 

“The focus will be less on assisting with compliance and educating employers and more on the gotcha game of penalizing employers who — knowingly or unknowingly — are not in compliance with the laws the DOL enforces,” he said.

Enforcing wage-and-hour and overtime violations

Nowhere will the shift in Labor Department enforcement priorities and positions be felt more by employers than enforcement of the Fair Labor Standards Act’s overtime and minimum wage requirements, Durham said. 

“I expect the number and scope of audits conducted by the DOL’s Wage & Hour Division to increase substantially, and that the DOL will not be as willing to settle violations for less than ‘make-whole’ relief for affected employees,” he said. “In addition to back wages, the DOL is more likely to insist that employers pay liquidated damages when settling a wage-and-hour investigation, and the DOL likely will increase the use of civil monetary penalties as a potent deterrent to send a message to employers.”

Also read: Wage and hour violations cost restaurant $697,000

Employers should expect a return of the enforcement tools of the past, liquidated damages being almost automatic as penalties in wage-and-hour investigations, Reisman added. “We expect more willfulness assertions by the DOL, which allow a back wage look-back period of three years, rather than two. And, yes, the use of civil money penalties will be used more broadly as a tool than in the last four years.”

Minimum wage and the tip credit

Young said that the new administration clearly supports increasing the federal minimum wage. And there’s also little doubt that the benefit of any increase will apply for tipped workers.

“The question here is whether the FLSA will continue to allow a portion of a tipped employee’s minimum wage to come in the form of tips,” he said. “A recent federal legislative proposal would remove this so-called tip credit, requiring restaurants to directly pay the full minimum wage to each tipped employee, without credit or concern for the amount of tips they earn on the job. If passed, this could have a seismic impact on a restaurant industry that operates on thin margins and has spent most of the last year on life support.”

Supporting fair workweek and predictive scheduling

Fair workweek laws have swept the nation and in particular the retail, fast food and hospitality industries over the past decade or so, Young said. These laws are likely on the radar of Biden and Walsh.

One recently took effect in the president’s back yard (Philadelphia), and another has been the focus of lobbying efforts in Walsh’s home state of Massachusetts, Young noted.

“Instituting this sort of reform at the federal level would require an act of Congress,” Young said. “After all, the DOL can’t make new law, only interpret and enforce what’s on the books, and I don’t get the sense that this sort of measure is among Democratic lawmakers’ core labor priorities.” 

Also read: The fair workweek squeeze on employer scheduling

In the past couple of years multiple local jurisdictions including Chicago, Seattle and San Francisco passed predictive scheduling laws, with more such laws likely to hit the books in the coming years, Durham said.  

Absent new legislation at the federal level, it is highly unlikely the Labor Department will impose requirements similar to these laws because the FLSA generally does not impose requirements on employers related to scheduling employees, he added. 

“However, one way in which the DOL could enhance the financial benefit to employees of such laws would be to take the position that certain penalties under predictive scheduling laws, such as penalties for shift cancellations or other scheduling changes with insufficient notice to employees, need to be included in the regular rate of pay for purposes of calculating overtime under the FLSA,” Durham said. “The DOL’s current position, set forth in a Fact Sheet published in December 2019, is that most such penalty payments do not need to be included in the regular rate of pay.”

Reisman also questioned whether the Labor Department will have the time or resources to make its way far enough down its priority list to fair workweek/predictive scheduling regulations, or what its authority would be in seeking an impact in that realm. 

Still, he added, “Anything that would entail a nationwide policy or regulation such as paid leave could be well-received by many employers if it serves to preempt state and local laws and regulations that have created an almost unmanageable web of compliance pitfalls for multi-state employers.”

Labor law enforcement can strike your business at any time. Ensure simplified and automated compliance to federal, state and local labor regulations and avoid costly penalties. Book a demo and see Workforce.com’s powerful compliance tools in action.

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Wage and hour violations cost restaurant $697K

wage and hour violations, Tank Noodle

The U.S. Department of Labor under the Biden administration is ramping up its enforcement of wage and hour violations as a popular Chicago restaurant whose employees often worked for tips only was fined nearly $700,000.

The department’s Wage and Hour Division recovered $697,295 in back wages for 60 employees following an investigation of Tank Noodle Inc. Investigators found the employer owed some workers more than $10,000 each in back wages and identified numerous violations of the Fair Labor Standards Act’s minimum wage and overtime requirements.

Inaccurate time and attendance records

The agency also found the business owner failed to keep accurate records of the number of hours employees worked, as required by law.

In October 2020, the wage and hour division notified Tank Noodle, a popular Vietnamese restaurant in Chicago’s trendy Uptown neighborhood, that they were in violation of the FLSA. Tank Noodle signed an agreement to pay the back wages they owed Dec. 7, 2020.

Using an effective time and attendance system helps prevent the kind of wage and hour violations that led to the steep penalty incurred by Tank Noodle, said Tasmin Tresize, president of Workforce.com.

“While it’s unclear what type of workforce management system was utilized, it has evidently led to major violations in the wage and hour code,” Tresize said.

Shortly after the November presidential election, Michael Lotito, an attorney with Littler in San Francisco and co-chair of Littler’s Workplace Policy Institute, offered his thoughts on changes in Labor Department enforcement under the Biden administration. He was quoted as saying the division will likely revisit overtime standards and issue rules dealing with pay entitlement for off-the-clock work, like checking email from home. 

“Enforcement will be aggressive, especially against certain industries like fast food, janitorial, construction and other targets. The department will also coordinate with state DOLs to cooperate with one another as investigations progress,” Lotito said. 

Large amount of back wages owed

The Tank Noodle investigation recovered a considerable amount of back wages for 60 employees in an industry whose essential workers are often among the lowest paid, said Wage and Hour Division District Director Thomas Gauza in Chicago.

“Failing to accurately record the hours employees work does not prevent a federal investigation, the discovery of violations and ultimately, back wage recovery,” Gauza said in a press statement. “This case shows that employers that attempt to gain an unfair competitive advantage by flouting the law will be held accountable.”

Violations of tip pooling, overtime requirements

Investigators found that Tank Noodle employed some servers to work only for tips, failing to pay them any direct wages, as the law requires. Tank Noodle also shorted servers when the employer pooled tips each day, and divided them evenly among all staff, which illegally included management, according to the Labor Department.

The FLSA does not permit management to participate in tip pooling arrangements. The restaurant violated overtime requirements when it paid some workers flat amounts per day, regardless of the number of hours that they worked, the Labor Department said. Doing so resulted in violations when those employees worked more than 40 hours per week but the employer failed to pay overtime.

Tresize noted that as the Labor Department looks to be taking a more aggressive approach to each case, “It’s important that businesses invest in solutions to reduce their noncompliance risk.”

Effective restaurant employee scheduling best practices

Using best practices for an effective restaurant employee schedule will boost wage-and-hour compliance, avoid understaffing and labor cost overruns. One way to start scheduling in advance without the hassle of paperwork is with an online restaurant scheduling system.

See how to build your restaurant’s employee work schedule with ease and remain in compliance with all labor laws. Sign up for a free trial of Workforce.com’s shift scheduling software today.

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Employee grievances including wage theft, COVID-19 concerns come to a head for one brewery

beer, brewery

The sign on the door of Platform Beer’s Columbus, Ohio, taproom reads: “The entire Platform Columbus crew has quit. The taproom is closed until further notice. Thank you!”

The employees and their former(?) employer are battling it out on Twitter.

-vs-

Oliver Northern, the employee leading the walkout, told Alive Columbus that “employees started seriously discussing walking out about a week ago, frustrated by a growing list of grievances that he said the company had not taken steps to address.” He added that they initially intended to use the walkout as a bargaining tool with management, but that conditions had gotten so bad that no one had any interest in remaining with the company no matter its response.

What does it all mean?

1. If these employees simply walked off the job in protest instead of quitting their jobs, an alphabet soup of employment laws would have protected their jobs. The NLRA (protected concreted activity), FLSA (wage and hours), and OSHA (safety) are just a few examples of anti-retaliation protections these employees would enjoy. Because, however, these employees quit, these anti-retaliation measures are largely moot (although I could craft an argument that post-employment retaliatory acts such as defamation could still trigger one or more of these statutes).

2. This employer has a massive PR mess. No matter how meritorious or genuine the employees’ claims, the employees thought enough of them to quit their jobs en masse. An employer simply cannot allow these issues to fester until they boil over into a mass protest. If an employer doesn’t know that its employees have these concerns, then that employer’s managers and supervisors aren’t doing their jobs. They are your eyes and ears, and they must understand their role as such.

Moreover, open-door policies and other prophylactic measures aren’t worth their weight if you don’t take them (and the issues employees bring to you) seriously.