Summer has finally arrived and with it has come hay season. Many of you may be considering or planning to hire a local high school student to give you a hand. Our office fields questions, occasionally, from members on how to stay compliant with Ohio’s Child Labor Laws and what this looks like for agriculture. One of Ohio Farm Bureau’s Public Policy attorneys, Leah Curtis, put together a podcast reviewing this topic and how to stay compliant.
First off, you are exempt from these child labor laws if:
If you have a farm dealing with production agriculture (crops, livestock, etc).
If you are hiring your own child, grandchild, or you are the official guardian of the child.
If you are hiring a minor 14 to 15 years of age and it is during the school year:
- Cannot work before 7 AM or after 7 PM.
- Cannot work more than 3 hours in a school day.
- Cannot work more than 18 hours in the school week.
- Cannot work anytime during school hours unless the minor is in some sort of certified vocational training.
If you are hiring a minor 14 to 15 years of age and it is not during the school year:
- Cannot work before 7 AM or after 9 PM.
- Cannot work more than 8 hours per day.
- Cannot work more than 40 hours per week.
If you are hiring a minor 16 to 17 years of age and it is during the school year:
- Cannot work before 6 AM.
- If the minor works after 8 PM the night before, they cannot resume work until after 7 AM the following day.
- Cannot work after 11 PM on a Sunday through Thursday.
- No limitations on hours per day or hours per week.
If you are hiring a minor 16 to 17 years of age and it is not during the school year:
- No limitations on start or end time.
- No limitations on hours per week.
Rest breaks: Minors have to have a rest period of at least 30 minutes when they are employed for at least 5 consecutive hours.
Documentation: Employers must provide written evidence of the agreed upon wage. For each pay day, the minor must be provided an earnings statement. Wages cannot be retained or withheld for presumed negligence/breakage of machinery. Any change in the wage must be shared at least 24 hours in advance.
Workers Compensation: Having at least 1 employee requires that the employer have workers compensation through the state workers compensation system or self-insurance. There are separate requirements for being self-insured that bear investigating if this is your situation. This program offers protection for employers from a lawsuit. Farm Bureau members are eligible to join the Farm Bureau group rating program which offers discounts on workers compensation premiums. Call our office at 330-263-7456 for more details on using this member benefit.
Taxes: Minors may not be subject to withholding since it will depend on how much they will make. But, just like with other employees, minors should complete a W-4 and you need to keep it in your files.