Is your teen or pre-teen considering a summer job or volunteer opportunity? This summer the administrative requirements are easier to satisfy. The change to the Youth Employment Law, RSA 276-A:5, went into effect as of late August 2016 so some employers may not be aware of it.
One of last year’s legislative highlights was getting the youth employment statute changed to include parents, not only public school principals and superintendents, as authorizers for non-public school students on the Youth Employment Certificate. Now parents can sign the form to give their children age 12 to 15 permission to work or participate in volunteer opportunities. The form is available by calling the Department of Labor at 603-271-0127. It is not currently available online, but we have made the request to the department.
Children aged 16 and 17 need permission from a parent or guardian using this form. Students aged 18 and older are not considered youth and do not need parental permission for employment and volunteer opportunities.
Some employers may require the department’s form for volunteer or sub-minimum wage positions. It is available here. Some may also want the health verification form completed.
Students, including homeschoolers, are limited to how many hours they may work during the typical school week and academic year, how many may be at night, and depending on the type of job. See RSA 276-A:11 and RSA 276-A:13 for specifics. Additional details are found in RSA 276-A:4,IV-VII, RSA 276-A:11, RSA 276-A:13 and New Hampshire Administrative Rules Chapter LAB 1002.03. Per the Home School Legal Defense Association (HSLDA) homeschoolers do not need to conform to local school districts’ academic calendars, school days, or class hours. Further, they advise that the federal law, the Fair Labor Standards Act (FLSA), only applies if the business engages in interstate commerce or has an annual dollar volume of sales or business done of at least $500K. If that does not apply, then NH law which allows parents to set their own academic calendar, is the only applicable law.
More information is available at the Department of Labor’s FAQ re youth employment.
