Category: Compliance

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Paid Sick Leave Laws: State by State (2025)

Summary

  • There is no federally mandated paid sick leave law. 

  • The Family and Medical Leave Act (FMLA) may allow eligible employees to take up to 12 weeks of unpaid leave for certain health-related situations.

  • More than 20 states have implemented their own paid sick leave laws – see them here 

Paid sick leave refers to time off that workers can use if they are sick, injured, or require medical care. It can also be used when an employee needs to attend to a family member or loved one for medical reasons, including elder care or child care. Paid sick time also covers mental health and preventative care.

Some sick leave policies also cover leave when an employee or their loved one is a victim of sexual assault or domestic violence.

Different countries around the world have varying laws and policies surrounding paid sick leave, including the number of days allocated to an employee every calendar year, whether they can carry over an accrual of unused sick leave, and differences in entitlement between full-time and part-time workers. 

What federal law says about paid sick leave

The United States is the only nation with an advanced economy that does not offer its workers federally mandated paid sick leave. 

Although there are no requirements for regular paid leave at the federal level, there are rules that allow employees to take unpaid leave under certain circumstances. The Family and Medical Leave Act (FMLA) states that eligible employees can take up to 12 weeks of unpaid leave. This is used for “certain medical situations for either the employee or a member of the employee’s immediate family.”

Eligible employees are those who have worked with their current employer for at least a year and have done a minimum of 1,250 hours of work in the last 12 months. 

But that doesn’t mean Americans go without any sick leave benefits. According to the Bureau of Labor Statistics, 79% of US workers in the private sector had access to paid sick leave in March 2022. This figure varies depending on the industry, and, in fact, 54% of people working in the leisure and hospitality sector have paid sick time.  

As an employer or HR executive, you must first be aware if your state requires you to offer paid sick leave and under what conditions. If you’re not bound by law, sick leave is still something worth considering for the sake of your employees’ physical and mental well-being. 

Paid sick leave laws by state

Research shows that an average person works 10.5 days in a year while not feeling well and 47% said that they’d “power through” instead of taking a sick day.

This has led some states to implement their own sick time laws. Companies that fall outside of those states also have the option to implement their own policies. 

There are currently 22 states, including Washington D.C., that have paid sick time laws. Click on your state to get a brief overview of what you need to know:

Alaska

Arizona

California

Colorado

Connecticut

Maine

Maryland

Massachusetts

Michigan

Minnesota

Missouri

Nevada

Nebraska

New Jersey

New Mexico

New York

Oregon

Rhode Island

Vermont

Virginia

Washington

Washington D.C.

Alaska

Starting July 1, 2025, Alaska’s paid sick leave law will take effect.

Employers with 15 or more employees: One hour of paid sick leave for every 30 hours worked. However, employees are only allowed to use 56 or less hours in paid sick leave per year, unless the employer sets a higher limit. Employees with fewer than 15 employees can limit annual sick leave usage to 40 hours.

Arizona

Every employer, regardless of size or industry, must offer paid sick time to employees. Accrual rates are as follows:

  • Employers with 15 or more employees: One hour of earned paid sick time for every 30 hours worked. Employees are not entitled to accrue or use more than 40 hours of earned paid sick time per year unless a higher limit is set.
  • Employers with less than 15 employees: Minimum of one hour of earned paid sick time for every 30 hours worked. Employees are not entitled to accrue or use more than 24 hours of earned paid sick time per year unless a higher limit is set.

 California

Employers are required to provide most employees with at least 40 hours or five days of PSL (Paid Sick Leave) per year. Eligible employees include full-time, part-time, and temporary workers who meet the following criteria:

  • The employee works for the same employer for a minimum of 30 days within a year.
  • 90 days of employment have elapsed before they use any paid sick leave. 

Employers can offer sick leave in one lump sum at the beginning of the year or set up an accrual plan where an employee must earn at least one hour for every 30 hours worked.

Colorado

All employers are required to provide one hour of paid sick leave for every 30 hours worked, capped at 48 hours per year. 

Sick leave may be used for any of the following:

  • Mental or physical illness or injury
  • Bereavement or death of a family member
  • Absences due to domestic abuse or sexual assault
  • Need for a medical diagnosis, treatment, or preventative care
  • The care of a family member for any of the reasons listed above
  • Evacuation or care for a family whose school or place of care was closed due to an unexpected event such as inclement weather and power/heat/water loss.

Connecticut

Effective January 1, 2025, employers with 35 or more employees must provide one hour of paid sick leave for every 30 hours worked. The employees can accumulate a maximum of 40 hours each year. 

Employers choose the 365-day period by which paid sick leaves will be calculated. For instance, it could be based on the calendar year or an employee’s work anniversary. 

Employees can carry over up to 40 hours of unused paid sick leave to the next year.

Maine

Employers with 10 or more employees must provide one hour of paid leave for every 40 hours worked, maxing out at 40 hours in a year. Workers can only use their leave after they have worked a minimum of 120 days. 

Maine’s paid leave law is unique in that it is not limited to sick time – employees can use their accrued leave for any reason, including emergency, illness, sudden necessity, planned vacation, etc.

Maryland

Employees are entitled to one hour of paid sick leave for every 30 hours worked, up to 40 hours every year. They are not allowed to use sick leave within their first 106 days of employment. 

  • 14 or fewer employees: sick leave is unpaid
  • 15 or more employees: sick leave is paid

Massachusetts

Most employees earn up to 40 hours of sick time per year. They must earn at least one hour for every 30 hours worked. 

  • 11 or more employees: sick leave is paid
  • Under 11 employees: sick leave is unpaid

Government employees and students who work for their college or university do not qualify for earned sick time. 

Michigan

According to the Earned Sick Time Act, small business employees shall get one hour of earned sick time for every 30 hours worked and can use up to 40 hours of paid earned sick time in a calendar year unless the employer sets a higher limit. 

In Michigan, an organization is considered a small business if:

  • It has 9 or fewer employees at a time. 
  • Or in the current or previous calendar year, they had 10 or more employees for no more than 19 workweeks. 
  • They have had 10 or more employees for less than 20 workweeks in a year. Once they exceed 20 workweeks with 10+ employees, they lose small business status for the rest of the year and the following year. After that, they can regain it if they meet the criteria again.

All other employers must provide a minimum of one hour paid earned sick time for every 30 hours worked. Employees can use a maximum of 72 hours paid earned sick time annually unless there’s a higher limit imposed by the employer. 

Minnesota

According to the Earned Sick and Safe Time (ESST), employees earn one hour of sick and safe time for every 30 hours work and can accrue a maximum of 48 hours each year unless the employer sets a higher limit. 

Minnesota employees who are anticipated to work at least 80 hours and are not an independent contractor are eligible for this paid leave. 

Missouri

Unless there are legal challenges, Missouri’s paid sick leave law will take effect on May 1, 2025.

Eligible employees will earn one hour of paid sick time for every 30 hours they work.

Employers with 15 or more employees can cap annual paid sick time at 56 hours. For smaller employers, the cap is 40 hours per year.

Some workers are exempt from the law, including those in educational, charitable, religious, or nonprofit roles; employees who act as foster parents (in loco parentis); employees in retail or service businesses with less than $500,000 in annual gross sales; and incarcerated individuals.

Nebraska

Nebraska’s paid sick leave law will take effect on October 1, 2025. 

Employers must offer one hour of paid sick leave for every 30 hours worked. 

Workers for an employer with fewer than 20 employees can earn up to 40 hours of paid sick leave per year. While those working in a workforce with more than 20 employees can earn up to 56 hours of paid sick leave per year. 

Nevada

Employers with 50 or more staff must provide .01923 hours of paid leave for every hour of work performed. All employees, including part-time workers, are eligible. Hours may be frontloaded instead of accrued according to the discretion of the employer. 

New Jersey

Employers of all sizes must provide up to 40 hours of sick leave per year. The accrual rate equals one hour of sick leave earned per 30 hours worked. Full and part-time employees are covered. 

The following employees are not eligible for earned sick leave:

  • People employed in the construction industry under a union contract
  • Per diem healthcare workers
  • Independent contractors
  • Independent contractors who do not meet the definition of an employee under NJ law

Employees can carry over up to 40 hours of unused sick leave into a new year; however, they cannot use more than 40 hours of sick leave during that year. 

New Mexico

The Healthy Workplaces Act requires employers to provide one hour of paid sick leave (PSL) for every 30 hours worked. Both non-exempt and exempt employees are eligible for PSL. 

While employees may accrue PSL without limit, employers can cap its usage to 64 hours per year. Unused PSL must carry over into the following year, but the annual usage cap of 64 hours still applies.

Employers have the option to front-load PSL at the beginning of the year. However, even if front-loaded, employers must continue to track accruals since the Act requires employees to accrue leave as they work. Employers cannot limit or cap accrual but can restrict the amount of PSL an employee uses annually.

New York

New York State’s paid sick leave laws came into effect on April 3, 2020. Private employers with five or more workers and a net income of more than $1 million have to provide paid sick leave. Employers with fewer than five workers and up to $1 million net income have to provide unpaid sick leave. Employees accrue leave at a rate of one hour for every 30 hours worked. 

Federal, state, and local government employees are not covered by this law.

Employees can make use of their paid sick leave through a verbal or written request for any of the following reasons:

  • For mental or physical illness, injury, or health condition, regardless of whether it has been diagnosed or requires medical care at the time of the request for leave.*
  • For the diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or need for medical diagnosis or preventive care.

*This includes using leave for the recovery of any side effects of the COVID-19 vaccination.”

New York State also implements safe leave laws to cover time off when an employee or their family member has been the victim of domestic violence, a family offense, sexual violence, stalking, or human trafficking. 

The time off, in this case, can be used for a number of reasons, such as to seek help from a domestic violence shelter, meet with an attorney or social services, or file a complaint with law enforcement. 

Oregon

One hour of sick time for every 30 hours worked, capped at 40 hours per year. Employees can only start using their sick time after they have worked for at least 90 days. Independent contractors do not accrue sick time. 

  • 10 or more employers: sick time is paid 
  • 6 or more employees in Portland: sick time is paid
  • Fewer than 10 employees: sick time is unpaid

Rhode Island

Most employees have the right to accrue one hour of sick leave per 35 hours worked, capped at 40 hours in a year. Government employees and certain per diem nurses do not qualify for sick leave. 

  • 18 or more employees: sick time is paid
  • 17 or fewer employees: sick time is unpaid

Vermont 

Employees earn one hour of paid sick time for every 52 hours worked. A maximum of 40 hours of sick leave can be used per year. While employees begin earning sick time as soon as they start work, employers may choose to prohibit the use of sick time for up to one year. 

People who do not qualify for sick time include:

  • Government employees
  • Per diem health facility workers
  • People employed for a job scheduled to last 20 weeks or fewer
  • Employees who fall under school district or supervisory district union policies

Virginia

Employees accrue one hour of paid sick leave for every 30 hours worked. Paid leave can be carried over to the following year. Accrual and use of paid leave is capped at 40 hours annually, unless the employer sets a higher limit. 

However, employers may choose to frontload the paid sick leave, providing employees with the full annual amount upfront rather than having it accrue over time.

Washington

Employees earn at least one hour of paid sick leave per 40 hours worked. Unused sick leave balances of 40 hours or less are carried over to the next year. Employees can only begin using sick leave after 90 days of employment. 

Employees excluded from sick leave protections:

  • “White collar” employees in executive, administrative, computer, and outside sales positions
  • Certain agricultural workers
  • State or local government employees
  • Forest protection and fire prevention workers
  • See the full list here

Seattle has its own set of complex sick leave requirements separate to the rest of the state:

  • Employers with up to 49 employees: must offer one hour of paid sick time for every 40 hours worked. Carryover may be limited to 40 hours per year.
  • Employers with 50 to 249 employees: must offer one hour of paid sick time for every 40 hours worked. Carryover may be limited to 56 hours per year.
  • Employers with more than 249 employees: must offer one hour of paid sick time for every 30 hours worked. Carryover may be limited to 72 hours per year.

Washington D.C. 

The District of Columbia has varying sick time accrual rates depending on staff count:

  • 100 or more employees: no less than one hour of paid sick leave for every 37 hours worked, capped at 7 days per year. 
  • At least 25, but no more than 99 employees: no less than one hour of paid sick leave for every 43 hours worked, capped at 5 days per year. 
  • 24 or fewer employees: no less than one hour of paid sick leave for every 87 hours worked, capped at 3 days per year. 

 

Sick leave rules in cities & counties

The following cities and counties have their own sick leave rules independent of local state laws. If you operate a business in any of these areas, do some further research to see what kind of sick leave you owe your staff, if any. 

  • San Francisco
  • Oakland
  • Emeryville
  • Santa Monica
  • Los Angeles
  • Seattle
  • Portland
  • San Diego
  • Berkeley
  • Seattle
  • Tacoma
  • New York City
  • Westchester County
  • Philadelphia
  • Pittsburgh
  • Allegheny County
  • Montgomery County
  • Minneapolis
  • Chicago
  • Cook County 

Building your own paid sick leave policy

When creating your own sick leave policy, you want to offer your employees the flexibility they need to take time off when they need it. At the same time, you need to set up clear rules and procedures for doing so to avoid abuse, error, and unnecessary administrative work for your staff. 

Your policy should outline the rules and procedures behind requesting time off as well as a strategy for keeping track of employee accrual and how many sick days they have used. 

  • Set the rules for who is eligible for paid sick leave, the structure of your paid sick leave (accrual, lump sum, or unlimited), and any local laws that automatically apply to your policy. 
  • Design a procedure for requesting and taking time off. This should include the number of days’ notice required for planned sick leave, who they need to request sick leave from, what information they need to provide, and through which platform. 
  • Develop a strategy for recordkeeping that allows you to monitor how much leave has been taken, store any relevant documents, and avoid abuse. 
  • Automatically track accruals with software so that you aren’t burdening your HR team with tedious administrative tasks. Look into ways to have it so that sick leave is accrued, requested, recorded, and paid in the background with minimal need for calculation and data entry. 

Manage sick leave requests and stay compliant with Workforce.com

Once you have developed your paid sick leave policy, you need an employee scheduling, paid time off tracker, and payroll solution that streamlines the procedure of managing sick leave, keeps error-free records, calculates accurate pay and does all of this in line with state and local laws. 

Managing sick leave should be as simple as “set it and forget it.” Get in touch with us today to find out how Workforce.com can help you easily and automatically comply with your state’s sick leave standards. 

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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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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Minimum Wage by State (2025)

Staff Cooking in Restaurant

Summary

  • More than 20 states are raising their minimum wages in 2025.

  • Michigan’s minimum wage will increase in two steps in 2025: $10.56 per hour starting January 1 and rising to $12.05–$12.48 per hour on February 21, pending inflation adjustments.

  • Since 2009, the federal minimum wage rate has remained at $7.25, but the rate is higher in 30 states, along with Washington, D.C., Guam, and the Virgin Islands.

Employers in the United States are bound by different laws when it comes to minimum wage rates, depending on the state or even the city they’re in. The federal minimum wage rate is a fixed national rate set by the Fair Labor Standards Act (FLSA) and enforced by the U.S. Department of Labor (DOL).

The federal minimum wage was last revised in 2009 and is currently set at $7.25 per hour. Former President Biden pushed for this to increase to $15 and bumped the minimum wage for federal contractors to $15 in 2022 — possibly as a precursor to a nationwide increase.

In response to the inertia at the federal level, over half of the US states and cities have taken the initiative to institute higher minimum wage rates in their jurisdictions in 2023. In cases like these, the law favors the rate most beneficial to the employee — in other words, the highest minimum wage.

States with higher minimum wage rates include Washington at $16.66 and the District of Columbia at $17.50. Cities with minimum wage rates higher than those of their states include New York City ($16.50 — $1 more than in New York State) and Portland, Maine ($15.50, $0.85 higher than the state).

As an employer, it’s important to understand and stay current on all the laws and regulations regarding minimum wage increases or decreases. Using the right time tracking and payroll software ensures that you remain compliant with little effort.

Whitepaper: Complete Guide to Wage & Hour Compliance

State Minimum Wage Rates in 2025

Effective January 1, more than 20 states raised their minimum wage rates in response to inflation or according to previously enacted legislation. Florida is set to increase its minimum wage rate in September. 

Overall, 30 states, as well as DC, Puerto Rico, Guam, and the Virgin Islands, have a minimum wage higher than the federal rate. Fifteen states, as well as the Northern Mariana Islands, use the federal minimum wage rate of $7.25 per hour. Five states have not adopted their own minimum wage rate law and, therefore, default to the federal rate of $7.25.

View all state minimum wages in the table below.

Note: states that raised their minimum wage in 2025 are denoted by an asterisk (*)

States with MW greater than federal

States with MW equal to federal ($7.25)

States that have not adopted a state MW law
*Alaska $11.91 (from $11.73) Northern Mariana Islands Alabama
Arkansas $11.00 Georgia Louisiana
*Arizona $14.70 (from $14.35) Iowa Mississippi
*California $16.50 (From $16) Idaho South Carolina
*Colorado $14.81 (from $14.42) Indiana Tennessee
*Connecticut $16.35 (from $15.69) Kansas
District of Columbia $17.50 (may increase based on calculations on July 1, 2025) Kentucky
*Delaware $15 (from $13.25) North Carolina
Florida $13 (will increase to $14 on September 30, 2025) North Dakota
Hawaii $14 New Hampshire
*Illinois $15.00 (from $14.00) Oklahoma
*Maine $14.65 (from $14.15) Pennsylvania
Maryland $15 Texas
Massachusetts $15.00 Utah
*Michigan $12.48 Wisconsin
*Minnesota $11.13 (from $10.85) Wyoming
*Missouri $13.75 (from $12.30)
*Montana $10.55 (from $10.30)
*Nebraska $13.50 (from $12)
Nevada $12
*New Jersey $15.49 (from $15.13)
New Mexico $12.00
*New York $16.50 for New York City, Long Island and Westchester and $15.50 for the remainder of New York State
Ohio $10.70
*Oregon  $14.70
*Rhode Island $15 (from $14)
*South Dakota $11.50 (from $11.20)
*Vermont $14.01 (from $13.67)
*Virginia $12.41 (from $12)
*Washington $16.66 (from $16.28)
West Virginia $11
Virgin Islands $10.50
Guam $9.25
*Puerto Rico $10.50 (from $.9.50)

Currently, the District of Columbia is the entity that has the highest minimum wage at $17.50 per hour (and may increase by July 2025). 

State laws exempt some jobs or sectors from the minimum wage labor law. For example, in New Jersey, such exemptions include salespersons of motor vehicles and employees caring for children in the homes of their employers.

In some cases, states set subminimum rates for groups such as minors and students or training wages for new hires. In Rhode Island, full-time students under the age of 19 who work for nonprofit religious, education, library, or community service organizations are entitled to a minimum wage rate of $11.70. The state’s standard minimum wage rate is $14.00.

Minimum Wage in New York

At the start of 2024, New York increased its minimum wage from $14.20 to $16. This is the first increase following the final part of a series of increases in the state’s minimum wages that began on December 31, 2016. 

According to the New York state website:

“The state minimum wage is scheduled to increase by $0.50 per year on January 1, 2025 and January 1, 2026. Beginning in 2027, the minimum wage will annually increase by the three-year moving average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast Region.”

These increased gradually and will differ for employees working in different industries. Large employers had to increase their minimum wages faster than small employers with fewer employees. 

At a local level, New York City, Long Island, and Westchester Country enjoy a minimum wage of $16.50 per hour across the board. This includes tipped workers, although employers can take up to $5 an hour off the wage as tip compensation. 

Minimum Wage in California

The minimum wage in the state of California is currently $16.50, $9.25 higher than the federal minimum. 

According to the California Labor Code section 1182.12, California’s Director of Finance has the authority to determine annually if an increase to the minimum wage is needed. The $0.50 increase in 2025 was deemed necessary because the CPI grew by 3% over the past year.

Due to some groundbreaking state legislation for the fast food industry, quick-service restaurants with at least 60 locations nationwide must abide by a new minimum wage of $20 per hour. This bill also establishes a Fast Food Council in the state, which has the power to raise the minimum wage going forward.

In some cases, meals or lodging can be used to meet part of the minimum wage obligation. This can only be done if agreed upon by the employer and employee and supplemented with a voluntary written agreement. The amounts credited to the employee’s minimum wage are also limited based on the information found via this official notice.

Minimum Wage in Illinois

The minimum wage for the state of Illinois increased by $1 from $14 to $15 on January 1, 2025, which means it finally reached the threshold following a series of increases that began in 2019. 

Illinois workers who regularly earn tips saw an increase in minimum wage to $8.40 per hour and must still earn minimum wage after receiving tips. If they don’t, the employer must pay the difference. 

Rates are higher in Chicago, where the minimum wage is currently $16.20 per hour for employers with four or more employees. 

Chicago tipped workers have a minimum wage of $11.02. Similar to the state minimum wage conditions, employers must cover the difference for tipped workers if their wages plus tips do not equal at least the full minimum wage.

Minimum Wage in Florida

Effective September 2025, Florida’s minimum wage is $14 per hour. This is also part of a gradual increase of $1 per year that will lead to a $15 minimum wage rate in September 2026.

Minimum Wage in Texas

The state minimum wage in Texas is $7.25, equal to the federal rate. This has been in effect since January 24, 2009.

Employers can count tips, meals, and lodging toward the minimum wage with specified restrictions on how much can be allocated to them. There are conditions where an employer can pay a rate lower than minimum wage to an employee who is a patient of the Texas Department of Mental Health and Mental Retardation. This can also include individuals of a certain age or with “productivity impairments.”

Other exemptions covered by Texas Minimum Wage Act include:

  • Employment in, of, or by religious, educational, charitable, or nonprofit organizations
  • Certain professionals, salespersons, or public officials
  • Domestic workers
  • Certain youths and students
  • Inmates
  • Family members
  • Certain amusement and recreational establishments
  • Non-agricultural employers that are not liable for contributing to the state unemployment compensation fund
  • Dairying and production of livestock
  • Sheltered workshops

Minimum Wage in Nevada

Previously, Nevada had two minimum wage rates. In this two-tier system, employees who receive qualifying health insurance have a minimum wage rate of $10.25. However, if they do not receive qualifying health insurance, the minimum wage rate is $1 higher, at $11.25 per hour.

This long-standing two-tier system was eliminated in July 2024, where Nevada increased its minimum wage rate to $12.00 across the board for all employers, regardless of whether or not they offer health insurance. In 2025, the state minimum wage rate will remain at the same rate.

Staying on top of minimum wage laws as an employer

With so many differences and exemptions that affect different states and even different cities within those states, it can be tricky for an employer to remain compliant with the law. 

Industries where workers earn tips can be particularly tricky, according to Workforce.com’s chief strategy officer Josh Cameron, “In hospitality or anything where you earn tips, you can pay the staff a minimum wage much lower than the normal one. So it would be $7.50 an hour if they’re not tipped, but it’s $2.50 if it’s tipped. As long as they get enough tips to get them over that—it’s called the tip credit—then they can receive the lower $2.50 per hour from their employer.”

Apart from the legal implications and the hefty fines, underpaying employees can be a PR nightmare for your business. Andrew Stirling, Workforce.com’s head of product compliance, argues, “An underpayment scandal can bring companies to their knees. Customers can decide to take their business elsewhere. People are less likely to visit a restaurant or shop that has been reported for underpaying their people.”

Workforce management software like Workforce.com takes state and local laws into account. Workforce’s labor compliance software allows you to pay your staff in accordance with federal, state, and regional wage laws. This includes exemptions and special situations, including tipped employees. 

The system remains up to date as laws change, and it also undergoes regular audits, ensuring you remain compliant and avoid unnecessary penalties.

Simplify compliance with Workforce.com

Workforce.com offers HR and payroll software that give you the resources you need to calculate pay and remain up to date in the ever-changing minimum wage landscape. You can apply new compliance rules to the system as new minimum wage rates are put in place and new legislation is passed.  

The system calculates correct pay for all your employees based on minimum wage, hours worked, and overtime, automatically creating highly accurate electronic timesheets. These timesheets can then be exported directly into your payroll system for processing. 

To learn more about how Workforce.com stays on top of minimum wages and pays staff accurately, book a call or start a free trial today. 

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What is FUTA and how to calculate it

Summary:

  • FUTA is a payroll tax used for unemployment benefits. Unlike FICA taxes, it’s solely covered by the employer.

  • FUTA can be as low as $42 per employee annually, but it can quickly become significant for bigger workforces spanning different states.

  • Payroll software simplifies and automates FUTA calculations, ensuring timely payments and accurate filing.

The Federal Unemployment Tax Act (FUTA) is a key component of payroll taxes and a critical responsibility of employers. It funds unemployment benefits and provides a safety net for unemployed workers. 

A clear understanding of FUTA and other payroll taxes is vital for business owners. This guide will explain what employers need to know about FUTA, how to calculate it, and practical tips to simplify the process.

What is FUTA?

Administered by the Department of Labor, FUTA is a payroll tax intended to fund unemployment insurance and job programs across the United States. Unlike the Federal Insurance Contributions Act taxes (Social Security and Medicare), FUTA is solely the employer’s responsibility. There is no employee contribution or employer match. However, the FUTA amount an employer owes is directly tied to employee wages. 

Generally, employers are obligated to pay FUTA if they:

  • Paid wages of $1,500 or more to employees in any calendar quarter during the last two years. 
  • Had at least one employee for part of a day in 20 or more different weeks during the previous two years.

The Internal Revenue Service (IRS) uses a rolling assessment model for the above criteria, which looks at current operations and recent employment patterns. As we transition to 2025, the reference years for calculation are 2023 and 2024.

FUTA rules for agriculture and household employers
Because of their work patterns and employment relationships, there are specific rules for household and agricultural employers. For instance, agricultural work is seasonal, while household employees are often hired in small-scale settings. 

Household: 

Employers must pay FUTA taxes for household employees who perform work in a private home, local college club, fraternity or sorority chapter if they pay a total of $1,000 or more in cash wages during any calendar quarter in the current or preceding two calendar years.

Agriculture:

Employers who have farmworkers must pay FUTA taxes if they:

  • Paid cash wages of $20,000 or more to farmworkers during any calendar quarter in the current or preceding two calendar years
  • Employed 10 or more farmworkers working at any time during 20 or more different weeks in the current or previous two years.

Are there FUTA exemptions for small businesses and self-employed individuals?

If you’re running a small business and don’t meet the IRS criteria, you are exempt from FUTA tax. The same goes if you hire independent contractors instead of full-time employees.

Self-employed individuals are generally exempt from FUTA tax liabilities. 

Also read: How to Manage Compliance for Contractors

FUTA credit reduction

The FUTA tax rate is 6% and applies to the first $7,000 of an employee’s annual wages. This is known as the federal wage base. Most employers can qualify for a 5.4% tax credit, bringing the FUTA tax rate down to just 0.6% per employee. That’s only $42 per employee per year if all conditions are met. 

Employers can qualify for the tax credit under the following conditions: 

  • The State Unemployment Tax Act (SUTA) tax must be fully paid by the Form 940 deadline, before January 31.
  • The FUTA applies to the same $7,000 wage base. You automatically meet this condition if your state’s wage base is higher. If it’s lower, you may not qualify for the full tax credit. 
  • The state is not a credit reduction state. A state is considered a credit reduction state if it received a loan from the federal government to fund its unemployment benefits and failed to pay it back within two years. If the state has an outstanding loan balance from the federal government on January 1 for two consecutive years and fails to repay it in full by November 10 of the second year, the FUTA tax credit for employers in that state is reduced by 0.3% each year, and the loan remains unpaid.

How to calculate FUTA tax liability

FUTA tax is calculated quarterly for deposit purposes. The tax report, on the other hand, is filed annually through the Form 940. 

Here are two example methods of FUTA calculations, assuming that the employer is eligible for the maximum credit (5.4%): 

Example 1: 

  1. Subtract the maximum allowable state credit (5.4%) from the FUTA rate (6.0% in 2024).
  2. Multiply each employee’s wages, up to the $7,000 wage base, by 0.6%.
  3. Total these amounts for your net quarterly FUTA tax liability.

Example 2:

  1. Calculate the gross FUTA tax liability by multiplying each employee’s taxable wages (up to $7,000) by the full FUTA rate of 6.0%.
  2. Determine the maximum allowable credit by multiplying the same taxable wages by 5.4%.
  3. Subtract the credit amount from the gross liability to get the net liability.

FUTA calculations can be straightforward if operating in a non-credit reduction state that matches the federal wage base. However, it can become more complicated when you operate in states considered credit reduction states or states where the wage base is different from the federal one. 

When are FUTA liabilities paid?

FUTA tax payments are typically due quarterly, but whether you need to pay each quarter depends on how much FUTA tax you owe. 

Quarterly payment due dates

If you owe FUTA taxes for the quarter, payments are due by:

  • April 30 for the first quarter
  • July 31 for the  second quarter
  • October 31 for the  third quarter
  • January 31 for the fourth quarter of the previous calendar year

Do you need to pay this quarter? 

Here are general guidelines in terms of timing your FUTA deposits:

  • If you have $500 or more in FUTA liability in a calendar year, you should pay by the next quarterly deadline. 
  • If it’s less than $500 in a quarter, you can roll it over to the next quarter and continue doing so until your cumulative amount due is more than $500. 
  • If your liability for the entire year is less than $500, you can wait and pay it when filing Form 940, due by January 31.

What if the deadline falls on a non-business day (weekend or legal holiday)? You can make your payments on the next business day, which will still be considered on time.

How to pay FUTA tax liabilities

FUTA taxes are primarily paid to the U.S. government via the Electronic Federal Tax Payment System (EFTPS). This 24/7 free service offered by the U.S. Department of Treasury, allows employers to make payments, track payment history, schedule a payment in advance, and get support when making tax payments. 

An alternative method is same-day wire transfers, where the employer makes direct payments via bank, but this can incur transaction fees. Another option is to delegate tax payments through a payroll service provider or tax professional.

Reporting FUTA Tax Payments

FUTA taxes are reported annually using Form 940, the Employer’s Annual Federal Unemployment Tax Return. In this IRS form, employers document all FUTA tax payments made during the year and disclose any remaining amounts due.

The filing deadline is January 31, but if all FUTA tax deposits are paid on time, employers get a grace period until February 10 to submit the form. While Form 940 focuses exclusively on federal unemployment taxes, it’s often compared to Form 941, which covers payroll taxes like Social Security and federal income tax withheld from employees’ wages.

FUTA and SUTA: What sets them apart?

FUTA and SUTA are similar because they have the same overarching purpose: to fund unemployment programs. However, there are some operational differences. The most obvious difference is that FUTA is imposed on a federal level, while SUTA is a state-specific tax that goes to unemployment insurance programs for eligible workers in the state. 

Another key difference is the FUTA tax credit. Employers who make timely SUTA payments can qualify for up to a 5.4% credit, which can reduce their FUTA liability. On the other hand, SUTA is strictly a state-imposed tax and doesn’t have a tax credit system. 

Like FUTA, SUTA tax is also imposed on a wage base. However, FUTA uses a uniform base of $7,000, while SUTA wage bases vary. Some states like Arkansas and California follow the same $7,000 base as the federal government. While states like Washington and New York impose higher bases. Specific industries have additional assessments or alternate rates, so it’s always good pratice to review your state’s latest guidelines. 

Another key difference between FUTA and SUTA is who foots the bill. FUTA is entirely paid by the employer. In the case of SUTA, some states like Pennsylvania and New Jersey, require both employers and employees to contribute.

Simplify FUTA calculations with Workforce.com

FUTA tax liabilities may seem small at just $42 per employee annually, but, it can quickly increase as your workforce grows and spans multiple states. As a result, managing FUTA and other payroll taxes can become more complex. 

Workforce.com can help you stay on top of FUTA tax liabilities and other employment taxes. Here are some of the ways the platform can help streamline your process.

Automated payroll calculations and reporting

Workforce.com’s payroll system automatically calculates wages when you reach the FUTA wage base. It helps ensure timely tax payments and handles overtime, payroll taxes , and deductions. 

Accurate time and attendance tracking

Since FUTA calculations are tied to wages, accurate time and attendance tracking is essential. Wokforce.com ensures that employee hours are recorded in real-time so that hourly wages are always precise and tax calculation errors are avoided. 

Unified employee data

Employee information, such as pay rates and employment status, is centralized in a single profile, eliminating redundant data entry. This single source of information powers payroll computations and includes FUTA tax liabilities. 

If you run an hourly workforce, discover how Workforce.com can help you comply with FUTA obligations and other payroll or labor regulations. Want to see it in action? Get a demo and learn how it can simplify HR, scheduling, and payroll for your hourly team. 

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Hiring Seasonal Employees: A Guide to Minimize Legal Risks

Summary

  • Hiring seasonal employees offers flexibility during busy times of the year, but it isn’t without legal risks.
  • Employers must comply with specific employment laws and ensure seasonal workers receive the wages and benefits they’re entitled to.
  • Workforce.com helps simplify seasonal hiring and keeps compliance tight and hassle-free.

Hiring seasonal employees is a common staffing strategy during busy seasons with increased demand, such as holiday peak times, vacation surges, or festival weekends. Working with seasonal employees can help businesses scale up (and down) easily. 

But seasonal hiring isn’t without legal risks. The flexibility of using seasonal workers also creates a minefield of compliance issues. If you misclassify a worker or fail to meet requirements under wage and hour laws, you can face legal trouble. 

Seasonal employees are only with you for a few weeks or months, but there are labor laws that apply to them. Let’s look at what these are, what they mean for employers, and what best practices are to stay on the right side of the law when hiring seasonal workers.

What is a seasonal employee?

Seasonal employees work only part of the year, typically during periods of high demand. They could also be employees hired by seasonal businesses that only operate part of the year.

Some examples of industries that hire seasonal staff include: 

  • Retail stores – during demand surges such as the holiday shopping season
  • Agriculture businesses – during planting and harvesting season when they need extra help. 
  • Hospitality establishments—beach resorts, ski lodges, theme parks, and summer camps—are used during high-peak tourist months such as summer and winter.

Temporary employees vs. seasonal employees

Temporary and seasonal staff can easily be mistaken for one another, but there are distinct differences in how and why businesses hire them.

Temporary workers fill staffing needs by assuming the role of an employee on maternity leave or recovering from a disability. In some cases, employers hire them for short-term projects. Their employment length varies from a few weeks to several months, and they’re typically hired through staffing agencies. While benefits are often limited, temp jobs can sometimes lead to a permanent position. 

On the other hand, employers hire seasonal workers to handle predictable busy periods, like holidays or harvest seasons. These demand spikes are typical in the retail, agricultural, and tourism industries. While some seasonal employees return year after year, their jobs generally end once the season ends. 

What does the law say about hiring for seasonal work?

FLSA

According to the Fair Labor Standards Act, non-exempt seasonal workers must at least receive the minimum wage and overtime pay for any hours worked beyond 40. Generally, the FLSA doesn’t limit the number of hours an employee can be scheduled to work per day or week, except for youth workers.  

Federal law limits how much minors under 16 can work. They can work up to 8 hours a day and 40 hours a week when school is out. However, when school is in session, they can only be scheduled to work for 3 hours per day and 18 hours per week. Additionally, minors under 16 can’t work after 7 pm and before 7 am. From June 1 to Labor Day, minors under 16 can only work until 9 pm. Remember that states may have their own labor laws for minors, so it’s always a good idea to double-check those regulations as well.

Also read: Child Labor Laws by State + Federal (2024)

But some amusement or recreational businesses can be exempt from the FLSA rules around minimum wage and overtime rules as long as they satisfy any of the following conditions: 

  • If they don’t operate for more than seven months in any calendar year. 
  • If their average receipts for six months during the preceding calendar year is at most 33.33% than the receipts of the other six months. 

The first condition is simple—it’s all about how long a business operates during the year. So, if a business is only open during summer, typically from June to August, it meets the criteria. 

The second condition deals with revenue. Even if the business operates for over seven months or year-round, it can still qualify for the exemption. How? If the revenue earned during the six busiest months is 33.33% or less compared to the slowest six months, the business can be exempt from wage and overtime rules under the FLSA.

IRS

When it comes to taxes, the IRS treats seasonal employees just like any other workers. 

You’re responsible for withholding, depositing, reporting, and paying employment taxes. Seasonal employees must also be asked to submit necessary tax forms to you, and you must turn those in to the IRS and Social Security Association (SSA). 

But just like the FLSA, there can be stipulations here, too. Take the Affordable Care Act (ACA), for instance.  

Under the ACA, not all companies must provide health benefits, but Applicable Large Employers (ALEs)—those with an average of 50 or more full-time employees—must offer affordable healthcare coverage. So, how do you know if a seasonal employee is eligible for ACA coverage?

One way is to use a look-back measurement period to track an employee’s hours over 3 to 12 months. They may be considered full-time if they average 30 hours or more per week during the look-back period. If they qualify, employers must provide healthcare benefits for as long as the measurement period, which can be up to 6 months. Even if their hours decrease later, their benefits must remain in place. The look-back method helps businesses that experience fluctuations in their schedules stay compliant and avoid penalties.

Seasonal workers vs. seasonal employees under the ACA

Labor compliance is always about making sure you get the wording right. Under the ACA, seasonal employees and seasonal workers may mean different things because they are applied in different contexts. For instance, “seasonal employee” is used to determine if an employee is full-time under the look-back method. “Seasonal workers,” on the other hand, is used to determine whether an employer needs to follow the ACA’s employer mandate based on the total number of employees for that year. 

Family Medical Leave Act (FMLA)

Seasonal workers can qualify for FMLA, especially if they are recurring seasonal employees who have worked regularly for the same employer over the years. 

The Family and Medical Leave Act requires employers to provide up to 12 weeks of leave to eligible employees under certain circumstances. It applies to employers that employ 50 or more individuals during each of 20 or more calendar workweeks in the current or preceding calendar year. Under the FMLA, seasonal employees count toward the 50-employee requirement.

How do you know if a seasonal employee qualifies? If they worked for an employer for at least 12 months, which can be accumulated throughout their employment. Aside from that, the employee must have worked at least 1,250 hours during the 12 months. 

Tips for minimizing the legal risks when hiring seasonal workers

For many employers, hiring seasonal employees is a must during the holiday season. As employers depend on seasonal employment to beef up their staff in anticipation of a holiday shopping rush, it is important to remember that hiring seasonal employees—as with hiring any employee—requires adherence to specific employment guidelines. To minimize some of the issues associated with hiring seasonal employees, employers may want to consider the measures outlined below.

Avoid litigation land mines.

Hiring seasonal employees comes with its own set of legal challenges, and employers need to be vigilant. Make sure you’re up to date on employee classification and compensation rules. If anything seems unclear, seeking legal advice is always a smart move to ensure compliance.

Employers must also remember that federal, state, and local laws prohibiting employment discrimination, harassment, and retaliation apply with equal force to seasonal employees. Accordingly, employers should take the same care in preventing and addressing allegations of discrimination, harassment, and retaliation against seasonal employees as with regular employees.

Make it clear.

Although seasonal employees are generally aware that they have been hired only temporarily, employers must specify the limited duration of employment upfront. Employers should consider requiring seasonal employees to acknowledge, in writing, that they understand they were hired for a limited duration. Employers should also clarify to seasonal employees that they are “at-will” employees: Their employment may be terminated with or without cause at any time (even before the end of the holiday season).

Provide proper paperwork.

Seasonal employees must complete all paperwork required for employees under federal or state law. For example, all seasonal employees must complete federal I-9 forms to prove their employment eligibility in the United States. Additionally, employers should ensure that seasonal employees who are minors have acquired permits authorizing them to work.

Keep track of hours and overtime.

Employers must make sure they follow all state and federal wage-and-hour laws during the holiday season. This includes ensuring that employees take required meal breaks and that overtime is accurately recorded and paid. Also, employers must comply with all wage-and-hour laws applicable to minor employees.

Consider NDAs.

Protect confidential information when filling a seasonal role. If seasonal employees can access the company’s confidential or proprietary information, an employer may want to consider requiring a nondisclosure/confidentiality agreement.

Simplify seasonal hiring with Workforce.com

Seasonal employees provide flexibility to handle busy periods, but managing them can get tricky. Workforce.com can help streamline some of the things involved with managing seasonal employees. Here are some of the ways:

Hiring

Workforce.com’s applicant tracking system speeds up the hiring process for seasonal positions. For instance, you can set pre-qualifying questions to quickly filter out candidates who meet your requirements so you can move them straight to interviews. Every step is tracked and documented, keeping applicants in the loop and ensuring your hiring process runs smoothly.

Onboarding process

Seasonal employees still have paperwork. Workforce.com’s onboarding system makes it easy for new hires to submit their information, sign contracts, and complete forms quickly.

Time and attendance tracking

Time and attendance tracking is crucial for managing seasonal employees, especially when determining their eligibility for certain benefits. Workforce.com ensures that everything is logged accurately.

Payroll

With automated timesheets and correct classifications, Workforce.com’s payroll software ensures your seasonal employees get paid on time and correctly, including any overtime or taxes owed.

No matter the time of the year, managing seasonal employees can be easy with Workforce.com. Stay organized and compliant with Workforce.com. Book a demo today to get started. 

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How to Manage Compliance for Contractors

Summary

  • Managing contracted employees (1099s) fundamentally differs from managing typical W-2 staff.
  • Employers are legally responsible for correctly classifying workers according to the FLSA, IRS, and any applicable state-based rules. However, the line between employees and contractors can easily get blurred.
  • Workforce.com helps streamline contractor compliance management by ensuring workers are treated according to their classifications.

Suppose you are considering hiring independent contractors for a specific job. Or maybe you already employ a few. Have you done all of your research to handle them compliantly? If not, this guide is for you.

Strict labor standards govern how to properly classify and manage independent contractors, otherwise known as 1099 workers. Let’s examine how to stay on top of these rules and safeguard your business from legal risks.  

Why hire an independent contractor?

Hiring independent contractors offers flexibility, especially when you need help for short-term projects. Unlike full-time employees, contractors usually come in with the expertise required to start working right away, meaning less time spent on training and onboarding. 

Another advantage is cost-effectiveness. Contractors are not entitled to overtime pay, employee benefits like health insurance or retirement plans, or perks like paid vacations and promotions. You also avoid expenses like unemployment insurance and tax contributions that generally come with traditional employment. 

While engaging independent contractors gives you flexibility, there are risks involved. Misclassification is the biggest one. Since contractors are not entitled to the many lucrative benefits of regular employment mentioned above, misclassifying an employee as a contractor can result in serious legal trouble, fines, back taxes, and even lawsuits. Because of this, it is vitally important to understand what qualifies someone as a contractor. 

Key legal guidelines for managing independent contractors

Employee Classifications

Correctly classifying a worker as a contractor is the first step to staying compliant. At the federal level, the Fair Labor Standards Act (FLSA) uses a six-factor test that evaluates the “totality of circumstances” around the working relationship. With this assessment, businesses can determine the correct classification while considering crucial aspects such as control, independence, and the nature of work. These factors are:

  • Opportunity for profit or loss depending on managerial skill
  • Investments by the worker and the potential employer
  • Degree of permanence of the work relationship
  • Nature and degree of control
  • Extent to which the work performed is an integral part of the potential employer’s business
  • Skill and initiative

It’s important to note that the FLSA doesn’t assign a rule defining whether someone should be a contractor or an employee. Instead, it evaluates the facts of each situation to determine the working relationship and whether the worker is truly independent and doesn’t rely on the business like an employee would. 

Aside from federal rules, businesses must also check if there are state rules that govern how they should differentiate contractors from employees. In California, for instance, a worker is classified by default as a standard W-2 employee unless all of the following conditions are met: 

  • The worker is free from the control and direction of the hiring entity in connection with the performance of the work
  • The worker performs work that is outside the usual course of the hiring entity’s business
  • The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. 

In essence, a worker in California can only be classified as an independent contractor if they have autonomy over how and when they perform their tasks, as long as they complete their responsibilities. Also, the work must be fundamentally different from what the business does; For instance, a hospital commissioning people to construct a new building wing. Lastly, the worker must be independently engaged in an established trade and offer services to multiple clients.

Understanding the difference between independent contractors shapes how you manage payroll and benefits. Full-time employees are protected by wage and hour laws, ensuring they’re paid at least minimum wage and receive overtime pay. Full-time employees are also protected under meal break rules depending on the state. On the other hand, 1099 workers aren’t generally covered by these rules. Independent contractors are paid according to their contracts. In addition, they are not entitled to certain benefits, such as health insurance and workers’ compensation.

IRS Rules

Employers must also look at IRS guidelines because these will define how active their role is when handling taxes for their workers. It will also dictate how they report workers’ compensation, the types of forms to submit, and whether or not they would be legally liable to withhold taxes.

Employers withhold and deposit income taxes, social security taxes, and Medicare taxes from employee wages. On top of that, they also match contributions to SSS and Medicare taxes. But it’s a different situation for contractors. Employers generally don’t deduct income taxes from the contractor’s payment and don’t need to match contributions. 

So, under IRS rules, what factors will help you gauge whether a worker should be classified as an employee or contractor?

  • Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  • Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how a worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  • Type of relationship: Are there written contracts or employee type benefits (that is, pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

Like California’s ABC Test, the IRS guidelines also consider the level of autonomy workers have over their jobs. Employers typically have less control over how contractors fulfill their tasks and don’t dictate the methods and tools workers use. 

The IRS also considers how financially dependent workers are on their employers. Contractors typically cover their own costs, such as transportation and equipment, whereas employees rely on their employers for those provisions. 

Employees typically have an ongoing relationship with an employer, while contractors typically work for a set period on specific tasks or projects and aren’t as involved in a company’s core operations. 

Classifying employees correctly is also a prerequisite for filing the correct forms and determining whether you must file a W-2 or 1099. Employers typically file W-2s for full-time and part-time employees, reporting all wages, compensation, and tax withholdings for the year.

On the other hand, form 1099 shows how much an employer pays an independent contractor in a tax year. You must file a 1099 if a contractor earns $600 or more annually. These 1099 forms will not include tax withholdings since contractors calculate and submit them to the IRS independently.

OSHA Regulations

The Occupational Safety and Health Administration (OSHA) requires employers, including those using contractors, to adhere to safety regulations and keep workplaces free from hazards to prevent injury or death.

OSHA has general safety regulations that apply to most workplaces, but specific guidelines exist for construction, maritime, and agriculture industries. If you’re in any of those sectors, it would be wise to know these regulations.

Typically, OSHA regulations cover the following areas: 

  • Safety training requirements include construction safety training, such as handling scaffolding, fall protection measures, and ladder safety.
  • Handling hazardous tasks, including hazard communication standards, proper labeling, data sheets, and training on handling hazardous substances.
  • Personal protective equipment (PPE) for specific working environments, including hard hats, gloves, goggles, or respirators, should meet OSHA standards.
  • Rules that must apply when multiple employers are present in a worksite, which is typical for big projects involving contractors and subcontractors. The company that hired them, the controlling employer, is responsible for following OSHA rules. This means that they must check for hazards, ensure safety standards are followed, especially with heavy equipment, and have a system to report and address safety concerns. 

Aside from training, employers are also responsible for communicating such rules and ensuring that contractors have the safety training needed for the job.

How to build an effective contractor compliance management policy

Employing third-party contractors differs from managing employees, but your legal obligations remain just as important. It’s crucial to have a dedicated compliance strategy for employing contractors to reduce risks and avoid violations. Here are some practical tips:

Establish rules and guidelines for classifying contractors.

A significant part of contractor compliance is classifying them correctly, so you must have a process for doing so.

Before hiring, vet potential workers carefully. Assess the task or job and how you plan to oversee it. From there, you can determine whether a part-time worker or a contractor is the right fit. Getting the classification right from the start ensures compliance with tax filings, payroll, and other regulations.

Create airtight contracts.

Contracts and agreements between you and contractors must clearly outline the scope of work, duties and responsibilities, and payment terms. Draft them with the regulations in mind. To avoid legal missteps, ensure these agreements comply with FLSA, IRS, and OSHA regulations.

Avoid scope creep. 

The law is very clear on factors that dictate whether a worker qualifies as an independent contractor. Remember that it all comes down to their financial and behavioral independence. Be careful not to overstep legal boundaries that could change their classification.

The key is consistency. Set clear rules for overseeing the job and adhere to the contract’s terms. Your treatment of contractors should remain uniform and standard throughout the project.

Provide necessary training. 

Safety training is a must for hiring contractors. Ensure they complete all required health and safety training before the project begins. 

It’s also in your best interest to train your managers on the legal principles governing contractors and employees. This can equip them during the vetting process and help them better manage projects in accordance with regulations. 

Set regular progress check-ins. 

See to it that the process stays on course. Establish regular check-ins where contractors submit performance reports detailing their deliverables, remaining tasks, and any challenges they face. This keeps you informed and allows for timely adjustments if needed.

At the same time, conduct routine assessments or audits from your end to track how the project is progressing. This helps ensure that contractors are set to meet deadlines and follow safety and health regulations. Regular check-ins keep the projects on track and minimize potential issues before they become bigger problems.

Stay abreast of relevant rules and regulations.

Labor laws can change at any time, so employers must stay up-to-date. Case in point: US Department of Labor’s final rule on worker classification. Previously, the law only looked at the economic dependence of workers on their employers. The more economically dependent a worker was on the employer, the more likely they were to be considered an employee. However, the changes take a broader approach and now consider the “totality of circumstances” when classifying workers. 

Streamline the process with technology. 

Contractor compliance can be complicated, requiring new administrative tasks and management processes for your managers and HR. However, technology can simplify some processes involved with working with contractors, such as onboarding, time tracking, payroll, and documentation.

Workforce.com simplifies contractor compliance

Managing employees is complicated enough, and adding contractors into the mix can come with its own set of challenges. But don’t let this discourage you from getting contractors for specialized projects, especially if they provide more flexibility. 

There’s a way to manage contractors in a more streamlined way. Here’s how Workforce.com can help. 

Onboarding 

Workforce.com’s onboarding system lets 1099 workers easily and independently submit all necessary paperwork, bank details, and contracts to employers. This self-service portal relieves the administrative burden from the employer and ensures all information is in place for contractors to get paid correctly.

Time tracking

Depending on the contract, contractors submit timesheets before they get paid, but you can simplify the process with Workforce.com’s time and attendance system. Instead of dealing with paperwork, contractors can log in and out through the time clock, automatically generating timesheets based on their time punches.

You can set up a Workforce.com on-site or you can allow contractors to clock in and out through their own device via the Workforce.com app. This ensures accurate time tracking across multiple locations, making recordkeeping more manageable and ensuring contractors are paid on time, especially if specific hours were agreed upon.

Scheduling & task management

Workforce.com also has a scheduling system that contractors can use to plan their work accordingly. They can build and assign shifts, create to-do lists, and communicate with other workers to more easily map out where and when work gets done.

PayrollWorkforce.com’s payroll system can simplify how you pay contractors. Along with your W-2 staff, the system will also automatically process payment for your 1099 workers based on hours worked and the terms of their contract. At the end of the year, Workforce.com will also provide you with all necessary 1099 forms, which your contractors will use to file their taxes.

Recordkeeping

Workforce.com keeps all contractor records organized in one place, helping you access everything in case of audits or compliance reviews. It stores contracts, timesheets, IRS forms, and other important documents related to each project, helping you stay on top of everything and remain compliant. 

Ready to improve how you manage contractor compliance? Book a demo and see how Workforce.com can help.

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California’s Meal and Rest Break Laws: What Employers Need to Know

Summary

  • California requires employers to provide their staff with a meal break and several rest breaks, depending on shift length.
  • Due to waiver conditions, industry-specific exceptions, and confusing legal jargon, complying with these rules is tricky.
  • Misunderstanding is no excuse for getting rest breaks wrong in California. Employers must equip themselves to schedule, track, and pay rest breaks correctly to avoid legal trouble.

Employee meal and rest break laws vary by state. Some lack regulations, while others have strict guidelines – the most stringent being California.

So, if you’re an employer in California, how do you know if you’re implementing meal and rest breaks correctly? Let’s break down what you need to know about these rules, what happens when you break them, and practical tips to ensure you remain compliant. 

What are California’s Meal and Rest Break Laws?

According to California’s Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE), most non-exempt employees in California are entitled to distinct categories of breaks: a meal break and a rest break.

Meal Breaks

  • Employees who work more than five hours in a day are entitled to a 30-minute unpaid lunch break.
  • Employers must provide an additional 30-minute unpaid meal break to employees working more than 12 hours in a day.

Several conditions must be met to satisfy the requirements for a reasonable meal break. Employees must be fully relieved of all their duties, the break must go uninterrupted, and the employer cannot discourage or prevent it. Employees must also be free to use the time as they see fit. Whether they eat lunch, leave the premises, or take a quick nap, it’s their prerogative.

Failing/refusing to give a meal break

If an employer fails to provide a reasonable meal period, they owe the employee one extra hour of pay at the regular rate for each day they do not receive a meal break. This is what is known as premium pay.

If an employee’s meal break is less than 30 minutes, and they never agreed to end their break early in writing, it is considered “interrupted” and must be paid, along with the one additional hour of premium pay for a missed break.

Employees who do not receive premium pay have the right to submit a wage claim to the Labor Commissioner’s Office.

Waiving meal breaks

Can meal break times be waived? Yes, but only under certain circumstances. Both employer and employee can agree to waive the meal break if a shift is 6 hours or less. At the same time, employees can skip the second 30-minute meal break, provided they took the first meal break and worked more than 10 but less than 12 hours. 

Waiving breaks should not be standard practice and should only be agreed to if a meal break will prevent an employee from completing an essential task. Employers should always properly document waived breaks in writing to protect themselves from unclaimed wage lawsuits.

On-duty meal breaks

There are cases when employees can’t be fully relieved of their duties during meal breaks or leave the premises while on break. If that’s the case, the rules for on-duty meal periods will apply, and these are the following: 

  • If an employee must remain at the work site or facility during the meal period, the meal period must be paid. 
  • On-duty meal periods are only allowed under certain conditions where the nature of the job makes it impossible for workers to be free of all of their duties while on break. Examples are sole employees in a coffee kiosk, night shift workers in a convenience store, or security guards stationed alone.
  • Both employer and employee must agree in writing. The document should state the terms of the on-duty meal period and explicitly state that the employee can cancel the agreement anytime if they no longer wish to have on-duty meal breaks.
  • On-site meal breaks should only happen for real, job-related reasons requiring employees to stay on the premises, not just because the employer and employee agree. The nature of the work should make it necessary for employees to remain at the job site, even during meal breaks.

Rest Breaks

  • Employers must provide a ten-minute paid rest period for every four hours worked or a significant fraction thereof.
  • As much as possible, the break should be taken around the middle of the work period.
  • The 10-minute rest break should start when an employee reaches a proper place to rest away from their work area. Employers must provide a suitable place for rest that’s separate from the restroom and available during work hours.
  • If a rest break is not provided, the employee is owed an additional hour of premium pay at their regular pay rate.

As with meal breaks, employees must be free from job responsibilities during their rest period. Furthermore, employees must not be on call during this time. Employees working at most three and a half hours are not entitled to rest breaks.

Employees can skip their rest breaks, but it must be their choice without any pressure or influence from the employer. It’s also wise to document every time a break is missed or skipped – an employer should have in writing why a break was skipped and if the employee agreed to it.

What makes compliance with California’s break time laws challenging

Due to the sheer complexity of California’s break laws, it can be difficult for employers to get everything right, even if they have the best intentions. Here are some of the most common roadblocks employers face regarding California meal and rest break laws:

Complying with industry-specific rules and exemptions

Aside from the basic rules around unpaid meal breaks and paid rest periods, California employers must also ensure that they follow applicable industry-specific regulations and exemptions. Here are some examples of such:

  • Employees in the motion picture industry must not work for more than 6 hours without taking at least a 30-minute break but not exceeding an hour. After that, employers must provide a second meal break no later than 6 hours after the previous one has ended. (IWC Order No. 12)
  • Hot meals and drinks must be provided for production employees working after 12 midnight.  (IWC Order No. 12)
  • Performers engaged in strenuous activities, such as swimmers, dancers, and skaters, shall have additional interim rest periods during shootings and rehearsals.  (IWC Order No. 12)
  • Rest breaks can be staggered in the construction, drilling, logging, and mining industries to prevent disruptions in operations. If a break is missed, it must be provided within the same workday; otherwise, the employer must pay a penalty for the missed break. (IWC Order No. 16)
  • Healthcare industry workers who work shifts longer than 8 hours may voluntarily waive their right to one of their two meal periods, provided that there’s a written agreement signed by the employer and employee. Employees can revoke the waiver with at least one day’s written notice. (IWC Order No. 4)
  • Employees who are directly responsible for the care of children under 18 years old or still in the foster system who need 24-hour care and employees who are working in 24-hour residential care facilities for the elderly, blind, and developmentally disabled individuals may be required to work on-duty meal periods without extra pay, especially if they must meet regulatory standards. This applies if:
    • The employee eats with the residents and is provided the same meal for free.
    • The employee is solely responsible for the residents, and a free meal is provided during the day shift.

Incorrect interpretations

Legal jargon is notoriously ambiguous and sometimes difficult to understand. Regardless, incorrectly interpreting California’s break laws can result in costly lawsuits—case in point: Bono Enterprises, Inc. vs. Bradshaw.

Bono Enterprises Inc., operating under the business name American Temporary Services (ATS), was a temporary work agency that supplied roughly 1,000 Californian employers with a workforce. One of their clients is a manufacturing plant in Modesto. ATS temp workers were not given security clearance in the plant, which resulted in them remaining in the plant premises during their 30-minute meal breaks.

Several employees filed complaints for not receiving paid wages for lunch periods when they had no choice but to stay on the premises. However, ATS argued that the wording of the rule is vague and unclear.

Furthermore, employees are relieved of all work duties during their meal breaks and can access an on-site cafeteria and relaxation areas. 

The commissioner ruled in favor of the employees, and the court agreed with their interpretation. The ruling emphasized that unpaid meal breaks must allow employees to spend their time as they choose, including leaving the premises. Being restricted on-site meant they could still be under the employer’s control, which violates the law.

This case clearly illustrates how easily the law can be misunderstood and reminds employers to tread carefully and err on the side of caution. It’s best to seek legal advice when in doubt or faced with unclear regulations. 

Tracking break times 

While it’s not the employer’s job to police how employees spend their break time, it is their duty to ensure that breaks are provided as required by the law. 

The challenge comes with determining which breaks are paid and unpaid and knowing when an employee qualifies for premium pay. Employers must also ensure the system isn’t misused to gain extra pay, such as manipulating break times to extend paid hours. And let’s not forget documentation and keeping track of waivers. These tasks add to the already heavy workload of HR workforce management.

Stay on top of California Labor Laws with Workforce.com

California meal and rest breaks are not only difficult to understand but also tricky to implement. Luckily, a payroll system like Workforce.com can help you automatically ensure employees receive what they are entitled to.

Here is how Workforce.com handles breaks in California:

Properly identifying paid and unpaid meal breaks

Workforce.com helps you identify which meal breaks are unpaid and when premium pay will apply. 

Employees clock in and out for meal breaks on Workforce.com’s time clock app. If they return early, you can set up shift questions asking if they are coming back by choice. If so, the break remains unpaid. However, if they answered no and indicated their manager asked them to return early, it would be an interrupted, paid break. Managers are notified in these cases to verify the situation.

Automated timesheet attestations

When staff clock out of their shift, you can prompt them with a series of questions certifying the accuracy of their timesheets. If no meal or rest breaks were taken, Workforce.com will give the employee an option to sign a waiver indicating whether or not they agreed to take their break. Every attestation and break waiver is filed securely in your document library, which you can refer to in case of an external audit or lawsuit.

Ensuring breaks are properly scheduled

Managers can easily customize and schedule compliant breaks in Workforce.com’s scheduling system. These breaks can be configured to automatically apply to any shift that meets the minimum required length. These preventative workflows ensure correct breaks are always scheduled with minimal manual effort.

Notifications and alerts

With Workforce.com’s mobile employee app, employees get reminders to take their breaks and clock in and out for meal and rest periods. At the same time, managers can also receive notifications if any of their team members seem to have missed their breaks. This way, they can investigate and address any issues quickly. 

Automated premium payments

When an employee fails to receive or misses a break, Workforce.com’s payroll system automatically calculates the correct premium payment amount they are owed based on their time logs and pay rate. This additional pay is reflected on the timesheet and properly paid out on payday.

Learn more about how Workforce.com’s payroll and scheduling system can help you easily manage rest breaks in California. Book a demo today.

Posted on

Predictive Scheduling Laws Explained: A Guide for Employers [2024]

Summary:

  • Inconsistent shifts and sudden schedule changes place undue financial and logistical stress on the lives of employees outside of work. 
  • Predictive scheduling laws address this issue by mandating advance notice for schedules and premium pay for sudden shift changes. However, navigating these laws can be challenging due to varying city and state regulations.
  • Employers navigate predictive scheduling laws with specialized software that accounts for local labor ordinances, enforces fair scheduling practices, automates predictability pay, and maintains records.

Unpredictable shifts and last-minute changes have long been sources of financial instability and stress among hourly workers. In response, some cities nationwide have implemented predictive scheduling laws, also known as Fair Workweek laws, to create more predictable and transparent schedules for employees. 

While predictive scheduling laws are intended to improve worker well-being and foster a healthier workplace, it is not always easy for employers to implement these new standards. Understanding the ins and outs of these ordinances is essential to avoid penalties and maintain workforce satisfaction and productivity. 

Whether managing a retail chain, restaurant, hotel, or any business with hourly staff, this article will help you balance operational flexibility with legal compliance. 

What are predictive scheduling or Fair Workweek laws?

Predictive scheduling laws are ordinances that promote fair schedule processes, including giving sufficient notice to employees about their work schedules. 

While Fair Workweek ordinances may vary city by city, they typically include the following:

  • Advance notice of work schedules, typically 14 days in advance
  • Predictability pay or premiums when schedules change after the notice period
  • Right to rest between shifts or clopening bans
  • Right to decline shifts made past the advance notice or opportunities for extra hours
  • Good faith estimates of work schedules upon hiring

The impact of unpredictable schedules on workers

Unpredictable schedules are a significant source of disruption in workers’ personal lives. Employees cannot properly budget for the month, make plans with acquaintances, or reliably fulfill other obligations without an appropriate degree of certainty in their work schedule.

For shift-based workers, flexibility means knowing their work schedules well in advance, not the day before a shift so that they can plan for childcare, doctor’s appointments, second jobs, studies, and other obligations.

Financial pain points are another issue workers must contend with when their schedules are unpredictable. It’s hard for them to anticipate their earnings and manage their budgets when their income is erratic.

In response, some cities have passed rules around predictive scheduling to help alleviate such challenges for employees. So, which places implement Fair Workweek ordinances?

Where are predictive scheduling laws being implemented?

Oregon

Oregon is the only place where predictive scheduling laws are being implemented state-wide so far. 

Covered employers

Businesses in the retail, hospitality, and food services industries that have at least 500 employees

Advance notice requirements

  • 14 days in advance, including on-call work
  • Good faith estimates upon hiring
  • Employees can decline shifts that are not included in the written work schedule.

Predictability pay

Employees are entitled 1 hour at regular rate of pay plus wages if the following changes are made without advance notice:

  • Additional 30 minutes or more to a shift
  • Date or time change of a shift with no loss of hours
  • Additional work or on-call shift

Employees are entitled to half of their regular rate of pay if:

  • Hours are subtracted from the shift before or after they report for duty
  • Changes result in loss of shift hours
  • A shift is canceled
  • When they are scheduled for on-call work but are not called in

Rest hours and clopening

There must be a rest period of 10 hours in betweeen shifts. Employees can decline the rest period and be paid time and a half pay. 

Exceptions

Additional pay is not required for schedule changes due to natural disasters or events outside an employer’s control, such as floods, earthquakes, tsunamis, wildfires, extreme temperatures, war, or explosions. 

California

Berkeley

Covered Employers

  • Employers in the City of Berkeley with 10 or more employees in the:
    • Building services, healthcare, hotel, manufacturing, retail, or warehouse services with 56 or more employees globally
    • Restaurant industry and has more than 100 employees globally
  • Franchisees primarily engaged in the retail or restaurant industries associated with a network of franchises that employ 100 or more globally
  • Non-profit organizations in the building services, healthcare, hotel, manufacturing, retail, warehouse services, or restaurant industries and employ 100 or more globally

Advance notice requirements

  • 14 days or two weeks’ notice
  • Good faith estimate for new employees
  • Employees have the right to decline hours that are added after the notice period.

Predictability pay

  • 1 hour of predictability pay for any schedule change made between 1 and 14 days before a shift.
  • Up to 4 hours of predictability pay (or the number of hours reduced, whichever is less) for cancellations or reduced hours with less than 24 hours’ notice.
  • 1 hour of predictability pay for adding, changing, or moving a shift with less than 24 hours’ notice.

Rest hours and clopening

Employers must allow employees to decline shifts that occur less than 11 hours apart.

Exceptions

Predictability pay is not applicable to employee-initiated shift swaps or changes. It is also not owed for grace periods of 10 minutes before and after a shift.

Access to hours for existing employees

Employers must offer any additional hours to existing part-time employees before hiring new staff or temporary workers. 

Emeryville

Covered employers

Employers with nonexempt full-time, part-time, on-call, contract, and seasonal employees that are in:

  • Retail with 56 or more employees globally
  • Fast food with 56 or more employees globally or 20 or more employees in Emeryville

This includes franchisees associated with a franchisor or a network of franchisees with more than 12 locations globally. 

Employers located outside the city but employ workers performing work in Emeryville are also covered.

Advance notice requirements

  • 14 days in advance
  • Good faith estimate to new employees
  • Employees can decline unscheduled hours given less than the notice.

Predictability pay

  • If a schedule change is made between 1 and 14 days before the shift, employees receive 1 hour of pay for any affected shift.
  • For cancellations or reduced hours with less than 24 hours notice, employees get the lesser of 4 hours of pay or the originally scheduled hours.
  • Any other changes made within 24 hours will give employees 1 hour of pay.

Rest hours and Rest hours and clopening

Employers must pay time and half pay for any hours worked for shifts that are less than 11 hours apart.

Exceptions

Predictability pay does not apply to employee-initiated shift swaps or for grace periods of 10 minutes or less before and after a shift. The same goes for an employee who works past the schedule to finish a transaction.

Access to hours for existing employees

Employers must offer additional hours to existing qualified part-time employees until they reach 35 hours of work in a calendar week. 

San Francisco

Covered employers

Formula Retail establishments with at least 40 stores worldwide and 30 or more employees in San Francisco, including janitorial and security contractors.

Advance notice requirements

  • 2 weeks in advance
  • Good faith estimate to new hires

Predictability pay

  • 1 to 4 hours of pay for schedule changes made with less than 7 days’ notice
  • 2 to 4 hours of pay if an employee is on-call but not called in to work

Exceptions

Predictability pay is not applicable when:

  • There is a threat to the safety of employees’ and employers’ property, public utility failure, Acts of God, or causes outside the employer’s control.
  • An employee scheduled to work cannot come in and did not provide at least 7 days’ notice.
  • An employee failed to report to work or was sent home.
  • An employer requires the employee to work overtime.
  • An employee swaps shifts with a co-worker or asks for a shift change.

Access to hours for existing employees

Employers must first offer additional work to existing part-time employees as determined by the employer or if the part-timer has done similar work. 

Los Angeles

Covered employers

Retail businesses with 300+ employees globally

Advance schedule notice period

  • 14 days notice
  • Good faith estimate for new employees
  • Employees reserve the right to decline hours, shifts, and work locations made after the advance notice period.

Predictability pay

  • 1 hour at the regular rate for any increase in hours over 15 minutes
  • 1 hour at the regular rate for changes in the date, time, or location without changing the hours
  • Half the regular rate for a reduction in hours by 15 minutes or more
  • Half the regular rate for on-call hours when the employee isn’t called to work

Rest hours and Rest hours and clopening

Employees must not work a shift that starts less than 10 hours from the previous shift. Otherwise, employees must provide written consent, and time and a half pay applies for shifts following an insufficient rest period.

Exceptions

Predictability pay does not apply if:

  • An employee initiated the schedule change.
  • An employee agrees to cover an absent employee’s shift, provided the employer informs them that it’s voluntary and they can decline.
  • The employee’s hours are reduced due to a violation of law or company policy.
  • The employee accepts additional hours offered under section 185.05.
  • The employer’s operations are affected by legal issues or force majeure.

Access to hours for existing employees

Employers must offer work to current employees at least 72 hours before hiring a new employee or using a contractor, temporary service, or staffing agency to perform work. 

Illinois

Chicago

Covered employers

  • Employers that have at least 100 employees globally in the building services, healthcare, hotels, manufacturing, and warehouse services industries
  • Restaurant businesses with 250 employees and 30 locations
  • Employers with employees earning less or equal to $31.85 per hour or less than or equal to $61,149.35 in a year

Advance notice requirements

  • 14 days’ notice
  • Written estimate of work hours for new employees

Predictability pay

  • 1 hour of pay for every affected shift if the employer subtracts, adds, and changes shifts with no loss of hours after the 14-day notice period
  • 1 hour of additional pay for every affected shift when an employer adds hours or changes shifts with no loss of hours less than 24 hours before a shift
  • 50% of pay for lost hours when the employer subtracts hours less than 24 hours before a shift starts

Rest hours and clopening

Employees can decline shifts that start less than 10 hours after their last shift. If they work a shift within that time, they must be paid 1.25 times their regular rate.

Exceptions

Predictability is not applicable in cases of:

  • Threats to employers, employees, property, or when authorities advise against work.
  • Utility failures (electricity, water, gas, or sewer issues) at the workplace.
  • Natural disasters like floods, earthquakes, tornadoes, or blizzards.
  • War, civil unrest, strikes, safety threats, or pandemics.
  • Shift trades or coverage agreed upon by employees.
  • Schedule changes mutually agreed upon by employee and employer, confirmed in writing.
  • Schedule changes requested by the employee, confirmed in writing.
  • Reduction in hours for documented disciplinary reasons.

Access to hours for existing employees

Employers must first offer extra shifts to qualified employees. If no employees accept, the shifts can be offered to temporary or seasonal workers who have been with the employer for at least two weeks.

Evanston

Covered employers

Employers with:

  • 100 or more employees globally, franchises included, in the hospitality, retail, warehouse services, manufacturing, and building services industries
  • At least 30 locations globally and 300 employees in the food service and restaurant industry

Advance notice requirements

  • 14 days notice
  • Good faith estimate for new employees

Predictability pay

  • 1 hour of predictability pay if employers add hours or change the date/time of a shift after the 14-day notice period, with no loss of hours.
  • 1 hour of predictability pay if employers reduce hours from a regular or on-call shift with more than 24 hours notice.
  • If less than 24 hours notice is given, employees may receive up to 4 hours of predictability pay, depending on the number of hours affected.
  • For on-call employees not called in, the employer must pay half of the missed hours or 4 hours, whichever is less, if the employee isn’t being paid their regular rate.

Rest hours and clopening

Employees must be paid 1.5 times their regular rate for any hours worked less than 11 hours after their last shift. They must provide written consent to work within this 11-hour window.

Access to hours for existing employees

Employers must offer extra shifts to qualified employees first. If no employees take the shifts, they can be offered to temporary or seasonal workers who have been with the employer for at least two weeks.

New York

New York City

Fair Workweek rules in New York City apply to two work sectors — fast food and retail industries.

Covered employers

  • Fast food establishments that are part of a chain and are one of 30 or more establishments nationally.
  • Retail employers that operate one or more retail establishments in New York City

Advance notice requirements

  • Fast food businesses must give regular schedules that stay the same week-to-week and must give schedules 14 days in advance. 
  • Retail employers must give 72 hours’ advance notice of work schedules. Shift additions and cancellations are prohibited with less than 71 hours’ notice, and there must be no on-call shifts. 
  • Workers can accept or decline additional work time.

Predictability pay

  • Fast food employers must pay $10 to $75 for every change made to a shift after the notice period for 
  • Retail employers must pay $300, as well as damages, to the affected workers. A fine of $500 can also be imposed. It could be more if the employer violated the law before.

Rest hours and clopening

Fast food employers are not required to pay premiums for schedule changes due to:

  • Threats to employees’ or employers’ property
  • Public utility failure or public transport shutdown
  • Natural disasters such as fire or flood
  • Federal, state, or local state of emergency
  • Severe weather conditions that can compromise employee safety
  • Employee-initiated changes such as time off requests, using sick leaves, arriving late, or needing to leave early (must be adequately documented)

More about New York City’s Fair Workweek Laws for Fast Food and Retail Businesses

Pennsylvania

Philadelphia

Philadelphia

Covered employers

Employers with more than 250 employees worldwide and 30 or more locations worldwide, including chains and franchises in the service, retail, and hospitality industries.

Advance notice requirements

  • 14 days’ notice
  • Good faith estimate upon hiring an employee
  • Employees may decline additional work hours not posted in the schedule after the notice period.

Predictability pay

  • 1 hour of regular rate of pay when the employer adds time to a scheduled shift. The same applies when changes are made to the date, time, or location with no loss of hours. 
  • Half of the regular rate of pay for any scheduled hours the employee does not work due to reduced hours from a regular or on-call shift. The same applies when an on-call shift is canceled.

Rest hours and clopening

There should be a rest period of at least 9 hours between shifts. Otherwise, an employee must consent in writing. Employers must also pay $40 for each clopening shift.

Access to hours for existing employees

Before hiring new employees or using subcontractors or staffing agencies, the employer must first offer available shifts to existing employees.

Washington

Seattle

Covered Employers

  • Retail and food service establishments with at least 500 employees worldwide
  • Full-service restaurants that have at least 40 full-service locations worldwide

Advance notice requirements

  • 14 days advance notice
  • Good faith estimate for new employees
  • Employees can decline hours not in the originally posted schedules

Predictability pay

  • 1 hour of pay for hours added to a shift or when the date or time is changed
  • Half of the hours not worked when an employee is sent home early
  • Half of the hours not worked when an employee is scheduled for on-call work but is not called in

Rest hours and clopening

There must be 10 hours of rest in between shifts. Employees are entitled to time and a half pay for clopening hours that are less than 10 hours apart. 

Exceptions

Predictability pay is not applicable when:

  • The employee asked for the changes in schedule or traded shifts with a co-worker. 
  • The employee responded to a message about available hours because another employee couldn’t work.
  • The employee replied to a message about hours available due to unexpected customer needs.
  • The reduction in hours was due to discipline.
  • The change was due to threats, public official recommendations, utility failures, natural disasters, or legal issues.

Access to hours for existing employees

The employer must offer extra hours to current employees before hiring external candidates, subcontractors, or temporary workers. Employers must post a notice of available hours for three days. Employees have two days to decide if they want the extra hours before the employer hires outside help.

Compliance Tips for Fair Workweek Ordinances

Implementing predictive scheduling laws into your operations can be complicated – it’s easy to overlook crucial details if your policies aren’t thorough. Here are some practical tips to help your business remain on the right side of the law.

Stay abreast of ordinances in your place of business

Only a handful of cities have an ordinance for predictive scheduling, but this could change in the future. It’s best to stay informed about any updates or new regulations in your area.

Keeping up with changes is crucial if you’re in a city or state that has existing Fair Workweek laws. For example, New York City previously required fast food employers to provide a good faith estimate of work hours to new hires, but this was replaced with a mandate for regular week-to-week schedules.

Check with local and state governments regularly for updates on employment laws and scheduling practices to ensure your business remains compliant.

Invest in predictive scheduling software

Predictive scheduling laws are just one of the many employment regulations that businesses must comply with. Many businesses invest in scheduling and payroll solutions that help mitigate predictive scheduling headaches. Software like this automates key areas like shift notifications and predictability pay, ensuring that you meet Fair Workweek standards.

Workforce.com, a scheduling and payroll platform designed for hourly workforces, specializes in predictive scheduling and Fair Workweek compliance. Here’s how it can help:

  • Shift scheduling and labor forecasting – Avoid over or understaffing with demand-based schedules. Workforce.com can use data that indicates possible demand, such as historical sales, foot traffic, booked appointments, and even weather information, so you can schedule the correct number of staff for each shift well in advance.
  • Alerts and announcements—A critical part of Fair Workweek ordinances is ensuring employees are notified of posted schedules in time. Workforce.com makes this easy—once a schedule is published, employees are notified through the app, and you can also print the schedule. A robust communications feature lets you send announcements about schedule updates and live chat with staff and managers to maximize transparency and efficiency.
  • Pay rules – Assign pay rules to each employee, including those predictability pay they may be entitled to when certain conditions get triggered. Once set up, these rules are automatically applied during payroll, eliminating the need for manual entries and calculations.
  • Employee tags and classification – Assign tags to covered employees of predictive scheduling rules to ensure they receive the correct pay when predictability pay conditions are met. You’ll also receive automatic alerts when scheduling an employee at risk of working a clopening shift.
  • Shift swapping – Workforce.com has shift-swapping functionality that allows qualified staff to take up vacant shifts. This helps automate the process and provides a simple way to track and record shift changes. 
  • Payroll – Another crucial part of complying with predictive scheduling laws is ensuring covered employees are paid what they’re owed, including applicable predictability pay. Workforce.com automatically computes wages, overtime, deductions, and predictability pay premiums based on timesheets and hours worked by your employees. 
  • Recordkeeping – Employers are required to maintain records of schedules and documentation related to Fair Workweek compliance. Workforce.com centralizes this information, making it easily accessible. In the event of an audit or when you need to retrieve these records, everything is organized and readily available. 

Train managers and HR teams

Managers and human resources are at the frontline of implementing predictive scheduling laws. Train them to understand the specifics of these ordinances and how to communicate them to staff. As a crucial part of compliance, they must have the training and resources to ensure company policies align with and adhere to applicable labor laws.

Why fair scheduling practices matter

Fair scheduling practices are essential to any hourly workforce, regardless of whether predictive scheduling laws exist in your area. Equitable workplace policies should not just stem from the need to comply – they should begin with the desire to equip and support your employees.

A consistent and transparent scheduling system minimizes scheduling conflicts, reduces absenteeism, improves retention, and provides flexibility for hourly staff. This should be standard practice, whether mandated by law or not. Discover how Workforce.com helps you implement best practices with employee scheduling, payroll, and HR for hourly workforces. Book a demo today. 

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Employees using cell phones for work? Here’s how California employers must pay up

Summary:

  • In California, reimbursing employees for work-related personal cell phone use is more than just a perk. It’s the law.
  • Compliance with cell phone reimbursement laws may be challenging as there are ambiguities about reasonable compensation amounts.
  • Employees can use software like Workforce.com on computers to perform administrative work duties, avoiding the need for cell phone reimbursements.
  • Compliance-specialized HR software like Workforce.com can also handle distributing reimbursements and stipends if needed.

The lines between personal and professional mobile phone use are becoming increasingly blurred. Many employees use their personal devices for work-related purposes, whether answering emails, calling clients and team members, coordinating projects, or accessing company portals. If this is the case, who should foot the bill?

California addresses this overlap with Labor Code 2802, a law that attempts to clarify who should cover the costs of using a personal cell phone for work purposes.

So what does this law entail, and how does it protect employers and employees? Let’s take a closer look to help you navigate this legal dilemma in the Golden State. 

What is California Labor Code 2802?

California Labor Code 2802 mandates that employers fully reimburse employees for any job-related expenses they may incur; this includes all costs related to using a personal cell phone for work duties. This law protects employees and ensures employers are not sidestepping operating expenses.

So, if your employees use their cell phones to call clients, communicate with suppliers, manage company platforms, or perform other job-related activities, they may be entitled to reimbursement – depending on your state.

Clearly, this is more than just a job perk. It’s the law, and employers in California must comply. But this is much easier said than done due to the ambiguous nature of the way the labor code was written. The critical question here is how to measure what qualifies as reasonable compensation. And how do you even begin to job-cost phone-related activities?

The Cochran vs. Schwan’s Home Services Case

If your employees have unlimited call minutes, do you still need to reimburse them for cell phone use? Yes, you should. The court decision for Cochran vs. Schwan’s Home Services case reiterates why this is the case. 

In this class action suit, the plaintiff claims that California Law 2802 is violated because they use their cell phones for work-related calls in their job duties for a food delivery business but are not reimbursed for such costs. However, the defendant argued about the appropriateness of the class certification. According to them, the employees have varying reimbursement claims. They also countered that some employees didn’t incur additional costs because they were on a plan with unlimited minutes or included in a family plan.

The California Court of Appeals ruled that employees are still entitled to reimbursement even if they’re on a mobile plan with unlimited minutes or a family plan. The issue is about properly reimbursing employees for using their personal cell phones to perform work duties and not about whether or not employees incur additional expenses on top of their plan for making work-related calls. Since the employer benefits from these calls, they should cover the expense as part of their business operations.

So, the next question is how much? The court didn’t mandate a specific amount by which employees must be reimbursed, making the ruling pivotal for this piece of California law and the employers that must comply. Such uncertainty makes it even more challenging for employers to determine how much they should reimburse employees for cell phone usage.

How do you calculate reasonable reimbursement?

Since the law doesn’t state an exact dollar amount or formula by which you should reimburse employees for cell phone use, how do you identify that sweet spot?
According to a study by Oxford Economics and Samsung, most company reimbursements for mobile expenses range between $30 to $50 per month. On average, the monthly amount is $40.20 per employee. In addition, 98% of companies surveyed provide full or partial stipends to cover employee mobile expenses.

The reasonable reimbursement or stipend amount depends on your operations and how crucial mobile devices are for your employees’ tasks. According to the same study, 53% of executives said employees need mobile phones to do their jobs well, and 57% said mobile devices are key to getting work done.

Figure out how much of your employee’s screen time is devoted to work. For instance, if 50% of their daily phone usage is spent on job-related activities, you can consider providing a stipend or reimbursement equal to half of their monthly plan.

On the other hand, you can opt for exact reimbursement based on their usage if they can highlight specific line items in their phone bill that are directly related to work. However, this can be challenging since most mobile plans are bundled or have unlimited call minutes or data.

The key to determining a reasonable reimbursement amount is to ensure that you’re reimbursing what employees are due while still not overpaying.

What are the methods for reimbursement?

As with the amount, the law lacks specificity regarding how employers should distribute reimbursements. At the end of the day, it is really up to the employer.

One way is to follow a standard reimbursement process through HR. Staff submit receipts and documentation so that the employer can compensate them based on what’s stated in their invoice. However, this can cause additional admin work for both the employer and employee. 

To simplify things, an employer ditch the reimbursement method in favor of a monthly stipend to cover cell phone-related expenses. But what happens if the cell phone expense exceeds the allotted stipend? In this case, it’s always good to have a backup reimbursement process in place. It is also worth noting that overspending is a very real risk with a stipend since expenses aren’t being explicitly tracked.  

In short, for simplicity and less headache, go for a stipend. To avoid the risk of overspending, choose a reimbursement process.

Of course, employers could avoid all of this hassle by simply giving employees work phones on a separate company phone plan. However, this is obviously expensive and requires additional IT and security support. This option should really only be considered for the most obvious use cases where cold calling is a routine part of the job.

When should employees receive the reimbursement?

This is also determined by the employer and usually weighed against factors such as how often cell phones are used for work. It can be distributed monthly, quarterly, or annually or along with payroll.

Are cell phone reimbursements taxable? 

Cell phone reimbursements are not considered income or an amount added to an employee’s wage, but they cover expenses for cell phone use for business purposes. So, technically, they are not part of an employee’s earnings. However, they are usually considered non-taxable as long as they are given for “substantial non-compensatory business reasons,” as stated by the IRS.

Again, the key here is to ensure that employees determine a reasonable amount to reimburse. For instance, if your employee’s monthly bill is $100 and you pay $105 as reimbursement for cell phone use, the excess of $5 should be returned to you, or they would need to file it as income, which can be taxable.

The essentials of a reimbursement policy

The key to complying with the California Labor Code 2802 is to have a policy in place. As you create this for your organization or revisit your existing rules, you must ensure that it covers the following: 

  • Who’s eligible for reimbursement? Look at your operations and determine which roles rely heavily on their personal cell phones to get work done. For instance, employees who usually work at the company headquarters with access to company resources are less likely to use their mobile plan than those who work in various locations and are more likely to use their cell phones for work-related purposes while on the go. 
  • What type of usage warrants reimbursement? Specify what work-related tasks done on mobile entails because it’s best to define what constitutes business and personal use. Typically, work-related usage includes company calls, emails, and accessing company platforms.   
  • What is the documentation needed? List the documents employees must submit, such as receipts, invoices, or billing statements.
  • How will the reimbursement be computed? State clearly in your policy whether you will reimburse down to the cent or assign a stipend. 
  • How will the reimbursement process go? Detail the steps involved so that your employees will know how to proceed. 

When you create a reimbursement policy, see that you’re using clear language and be specific as much as possible. Keep it accessible to all employees, and make sure to update it if need be. 

Other states with reimbursement laws

There is no federal law that requires employers to reimburse employees for work-related expenses. However, the FLSA states that you might need to if those expenses cause wages to go down below minimum wage. 

Aside from California, here are other places that have laws on reimbursing employees for work-related expenses:

District of Columbia – DC Municipal Regulations Section 7-910

On top of wages, employers must also “pay the cost of purchasing or maintaining any tools required of the employee in the performance of the business of the employer.”

Illinois – Illinois Wage Payment and Collection Act Section 9.5

An employer must pay back an employee for any necessary costs or losses the employee has while doing their job and directly related to work for the employer. ‘Necessary costs’ include all reasonable expenses or losses required for the job that mainly benefit the employer.

Iowa – Iowa Code 2024 Section – 91A.3(6)

Any expenses an employee has that are approved by the employer must either be paid back before they’re spent or within 30 days after the employee submits an expense claim.

Minnesota – Minnesota Statute 174.24 Subd. 5

Once employment is ended, employers must reimburse the total amount deducted directly or indirectly for any items listed in the previous subdivision except for uniform or clothing rental and maintenance by motor vehicle dealers. Once reimbursed, employers can ask the employees to return any items they the employee provided reimbursement for. 

Montana – Montana Code 39-2-701

An employer must cover an employee’s necessary expenses or losses that happen while doing their job or following the employer’s orders. 

New Hampshire – New Hampshire Revised Statutes Section 275:57

If an employee spends money for work-related expenses at the employer’s request, and these expenses aren’t normally covered by the employee’s wages or advance payments, the employer must reimburse them within 30 days after the employee provides proof of payment.

New York – New York Labor Law Section 198 C – Benefits or Wage Supplements

Besides any other penalties, if an employer agrees to pay benefits or wage supplements to employees, but fails to make the payments within 30 days, they can be charged with a misdemeanor.

North Dakota – North Dakota Century Code Section 34-02-01

An employer must reimburse an employee for any necessary expenses or losses from doing their job or following the employer’s orders, even if those orders were illegal, unless the employee knew they were illegal at the time.

Pennsylvania – Unreimbursed Business Expenses

Some employees might be able to subtract certain job-related expenses from their state income tax. Qualified expenses may include travel and mileage, certain mobile phone use, and office supplies. 

South Dakota – South Dakota CL 60-2-1

An employer must cover any necessary expenses or losses an employee has while doing their job or following the employer’s orders, even if the orders were illegal, unless the employee knew they were illegal at the time.

Seattle – Wage Theft Ordinance

Seattle employers must pay employees on a regular pay day. Compensations include wages, tips, and reimbursements for expenses incurred on behalf of the employer. 

Massachusetts

While Massachusetts law doesn’t explicitly mention about expense reimbursement, the state’s Attorney General strongly recommends employers to cover necessary and unavoidable employee expenses. 

Handle cell phone reimbursements with ease

Worried about cell phone reimbursement logistics? Maybe it is time you consider leaving it to the experts.

Workforce.com is a powerful HR tool that covers time and attendance, scheduling, and payroll — helping you comply with obscure labor laws every step of the way. Employees can check their shift schedules, clock in for work, update their direct deposit information, and much more, all in one place. 

Workforce.com is uniquely equipped to handle all things related to California labor compliance, including cell phone reimbursements. Within the system, you can easily classify employees eligible for reimbursement with special tags, provide them with a way to upload necessary documentation, and ensure that they receive their reimbursements.

Worried about a scheduling and time clock app adding to your reimbursement bill? Think again. Workforce.com offers flexibility since staff can access it from computers too—devices not tied to personal cell phone plans. This can help minimize or even eliminate the need for cell phone reimbursements entirely.  Regardless of how big your HR team is, you can rest assured that crucial admin tasks are taken care of. 

Discover how Workforce.com can help you with payroll, reimbursements, and more. Book a demo today. 

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Time clock rounding: best practices & compliance risks

Painting of a man adjusting a clock

Summary

  • The FLSA allows for time clock rounding, provided that it is done either neutrally or in a way that favors the employee.

  • Rounding to the nearest 5, 6, and 15 minutes are accepted under labor rules, but knowing when to round up or down can be tricky.

  • The right technology can equip companies to conduct time clock rounding while avoiding compliance violations.

Time clock or timesheet rounding allows organizations to round an employee’s clock in or out time by up to 15-minute intervals, often giving them cleaner employee hour numbers to work with. Still, the practice of time clock rounding has its limitations. 

While it is a common practice, there are liabilities that companies may face by relying on it, and the use of certain technology solutions may simplify the timekeeping and payroll process so that time clock rounding becomes easier. 

But first, let’s look at what labor laws say about it.  

Is time clock rounding legal?

According to the FLSA (Fair Labor Standards Act), employers can round their employees’ clock-in and clock-out time to the nearest 5 minutes, the nearest one-tenth of an hour or 6 minutes, or the nearest quarter hour or 15 minutes. 

So, yes, it’s legal, but you can’t just implement it haphazardly. The Department of Labor (DOL) allows this provided “it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.” 

On the other hand, the law also recognizes that there can be “infrequent and insignificant periods of time beyond the scheduled working hours, which cannot as a practical matter be precisely recorded for payroll purposes, may be disregarded. The courts have held that such periods of time are de minimis (insignificant).” However, it’s important to note that employers must count every actual minute spent working and should tread with timesheet rounding and de minimis time with common sense. 

When does timesheet rounding become illegal?

Time clock rounding becomes warrants legal action when it’s unfair to the employees and leads to inaccurate time cards.

At the maximum, employers can only round to 15 minutes or a  quarter of an hour. It’s a violation if an employee comes in at 8:12 and you round it to 8:30. Considering the 7-minute rule, you should round it to 8:15. 

If, for example, you round to the nearest one-10th of an hour or 6 minutes, and an employee clocks in at 8:58 and leaves at 6:04, it becomes a violation if you round to 9:00 and 6:00 because it is clearly to your advantage and you underpaid them for 5 minutes. It should be 9:00 and 6:06 to account for all time worked. Six minutes may not seem much, but if it’s consistently done, it can amount to hours of unpaid work overtime. And that can ultimately lead to wage theft and a costly lawsuit. 

While the law allows timesheet rounding, it can be tricky to navigate. And it would be best if you only did so unless it’s really necessary for you. 

Should you do time clock rounding?

It depends, but the most important thing to remember is that time clock rounding rules should be at least neutral and more to benefit employees. So, if your goal with rounding is to save on labor costs, there are honestly better ways to do this than timesheet rounding. Focusing instead on labor forecasting and scheduling based on demand as a means to optimize your costs is probably a smarter (and less risky) way to go.

Webinar: How to Forecast Your Schedule Based on Demand

The primary reason why business owners turn to timesheet rounding is for easier payroll processing, especially for those organizations that don’t have an automated system to track time. Rounding employee time gives organizations cleaner numbers to work with for payroll calculations.

Employers also do time clock rounding to promote flexibility and simplify billing and invoicing. 

But keep in mind that you need to consider employee perception in all of this. Employees might think that time clock rounding is being used to shortchange them. In the same vein, employees could also exploit the rules as a means of time theft.

The key here is to understand whether there is a need for timesheet rounding in the first place. And if there is, you must clearly communicate the policy to your employees. See to it that they understand why and how it’s done. 

Timesheet rounding rules

Three rules govern standard practices for timesheet rounding, and these are acceptable increments under the FLSA. You can opt to round time to the nearest 5 minutes, 6 minutes, or 15 minutes. 

Whatever increment you choose, know when to round up or down. The threshold is the halfway mark between these rounding increments and would determine whether you should round up or down. Say you’re conducting 5-minute rounding; the threshold is at 2.5 minutes. So, for instance, if an employee clocks in at 8:02, that should be rounded to 8:00. 

The key here is to know how to round employee time according to FLSA rules. While it seems straightforward, it can be tricky as there appears to be some ambiguity around de minimis time. 

“The de minimis doctrine is important in timesheet rounding cases because it asserts that the law can disregard infrequent or insignificant periods of time that would be impractical to precisely record,” Michael Cardman, legal editor at XpertHR, said. 

In Corbin v. Time Warner Entertainment, for example, the plaintiff alleged that he lost $15.02 because of his company’s compensation policy, and the court ended up rejecting the plaintiff’s argument that the company’s rounding policy violated the federal rounding regulation.

Meanwhile, Starbucks saw a different outcome in Troester v. Starbucks Corp. The plaintiff would clock out at night and still have a few tasks to complete to close the store. It added up to a short period of time every night, Cardman said. Starbucks wanted to exclude that time under the de minimis doctrine, but the costs added up along with potential overtime pay. According to the California Employment Law Report, over 17 months, the plaintiff did not earn wages on 12 hours and 50 minutes of work, adding up to $102.67 in wages.

Best time rounding practices

Should you need to implement time clock rounding, here are a few best practices to consider:

When in doubt, round in favor of employees

If for some reason you can’t round neutrally, always round in favor of the employee and not the employer; this limits your liability in the long run. 

For example, say a staff member clocks in at 7:57 a.m. and clocks out at 3:56 p.m. Rounding the start time to 7:55 a.m. and the end time to 4:00 p.m. would be in favor of the employee and maximize their earnings. Putting the employee first is always a safe bet for rounding time. 

Follow FLSA rules

Always adhere to federal law for timesheet rounding. More than following the accepted increments and thresholds—nearest 5, 6, and 15 minutes- you must also practice fairness when rounding employee time.

See to it that you’re not unconsciously underpaying your staff. A 3-minute discrepancy today may not seem much, but when these variances frequently occur, they can quickly balloon into a considerable amount.

Be careful with unpaid meal breaks

Rounding break times is not advisable, as you can violate state-based and federal rules. Employees must take these breaks and should be free from any work duties at this time, so it’s best to track actual minutes.

A good time-tracking software dramatically helps with this. For instance, Workforce.com has functionality that allows employees to clock in and out during break times. This helps ensure they take breaks and use all their entitled minutes. Not only will this promote a good working environment, but it will also help ensure that you remain compliant with applicable break rules.

Audit your timesheet rounding policy on a regular basis

Like any HR practice or policy, you must regularly revisit your time rounding policies. Operations evolve over time, and it’s best to reevaluate whether this policy still serves its purpose periodically. If you’re timesheet rounding policy makes bookkeeping and payroll easier, then you’re on the right track. However, if the policy is in place purely to save on labor costs, you’re treading dangerous waters. The law clearly states that rounding should be at least neutral and for the benefit of the employees. Labor forecasting and demand-based scheduling are more sound strategies for optimizing labor costs than rounding times to save a few minutes here and there. 

Get it right with automation

Rounding employee time without the aid of time and attendance software is risky. Without the proper safeguards in place, you could find yourself with erroneous data and consistently underpaid and unhappy staff. 

A time and attendance system streamlines how you record time entries and saves you from non-compliance issues caused by inaccurate rounding practices.

Workforce.com is a best-in-class HCM platform that simplifies time clock rounding. It tracks and records employee work times down to the second and can be configured to automate your very own time clock rounding policy. 

Discover how Workforce.com can help you simplify time and attendance, employee scheduling, payroll, and labor compliance. Book a call to know more.