Rights on the Job for Teenagers

Below is the text of the "What are Your Rights on the Job?" a powerpoint presentation for teenage workers. See Student's Guide for more information and phone numbers.

For a free copy of the powerpoint presentation, e-mail Chuck Schwartz

Where do/did you work?

• What questions do you have about your rights on the job?
• Why is it important to know your rights on the job?                       

Why is it important to know your rights on the job?

• Few inspectors
• Many employers do violate workers rights

What is the most important thing about the brochures?

The phone numbers!

Prohibited Hours for 14 & 15 yr. olds

When school is in session, cannot work before 7 a.m. or after 7 p.m. From June 1 to Labor Day, can work until 9 p.m.  Cannot work more than 3 hours on school days or 18 hours on school weeks. Cannot work more than 8 hours on non-school days or more than 40 hours on non-school weeks.  

Prohibited Jobs for 14 & 15 yr. olds

• Any manufacturing job
• any processing job such as filleting fish, dressing poultry, commercial laundering or dry cleaning.
• Messenger
• power driven machinery
• construction
• ladders
• cooking and baking (see exceptions)
• work in meat coolers or freezers
• loading or unloading trucks or conveyors

Allowed Jobs for 14 & 15 yr. olds

• Office and clerical work & office machines
• cashiering, selling,
• Price marking, packing and shelving
• Bagging and carrying orders
• Errand and delivery work, not by car.
• Cleanup work
• Kitchen and restaurant work including preparing & serving.
• Dispensing gas & oil, washing, etc.
• Cleaning & stocking goods.

Prohibited Jobs for 16 & 17 yr. olds

• Manufacturing & storing explosives
• 16 yr. olds may not drive as part of job.
• 17 yr. olds: Motor vehicle & outside helper, after daylight hours, or more than 1/3 in day or   1/5 in week.
• Power-driven woodworking machines, saws, etc.
• Power-driven hoists, metal-forming, punch, shearing machines.
• Meat packing or processing
• Power-driven bakery machines
• Power-driven paper machines (baling)
• Wrecking, demolition
• Roofing
• Excavation

Prohibited Hours for 16 & 17 Yr. Olds

• Between 11:30 p.m. or 6 a.m. when next day is school day.
• After 1:30 a.m. when no school next day.
• No curfew for non-students
• Cannot work more than 9 hours a day or 48 hrs. a week when school is in session.

What is employment-at-will?

EMPLOYMENT AT WILL:

This is the basic nature of the employment relationship for non-union, non-governmental, non-contractual employees: Employers can fire, discipline, or change the wages, shift, hours, jobs, etc. of any employee-at-will, for any reason or no reason, as long as their action does not violate some law.  

What are the exceptions to employment-at-will?

• Discrimination laws
• Whistle blower laws
• Concerted Activity
• Union members
• An Employment Contract
• Government employees
• Other laws:
• Wage and Hour laws
• Workers’ Compensation
• What is the first thing you should do if you get hurt on the job?

Discrimination

• Race
• Age, 40 and over
• National Origin
• Religion
• Sex
• Sexual Orientation
• Disability (mental or physical)
• Color
• Gender Identity

WHISTLE BLOWER PROTECTION
You cannot be fired, threatened, or otherwise retaliated against for reporting a violation or suspected violation of a law to a government agency or to your employer, or for refusing to do something that is illegal.  (Enforcement of this right requires private legal action.)

Concerted Activity

• 2 or more employees acting together to improve wages, hours or working conditions are protected from retaliation.
• Union employees are protected by their contracts which generally say or imply that an employer must have “just cause” for discipline and spell out other terms of employment.  
• An Employment Contract can be enforced in court.
• Government employees are protected by the U.S. Constitution, as the Supreme Court currently interprets it to say that government cannot take away things from citizens without due process.  

MINIMUM WAGE/OVERTIME

• $7.10/hour
• Workers who receive tips: $2.89 per hour
• Sub-minimum rates may be paid to:

1. Full-time students under 19 years of age working in nonprofit religious,
   educational, librarial, or community service organizations:
    1/1/04 - $6.08 per hour - (90% of applicable minimum)
2. 14 and 15 year olds who do not work more than 24 hours in a week. (For any
   week in which a 14 or 15 year old works more than 24 hours the higher applicable
   minimum rate must be paid for all hours worked in that week.)
   1/1/04- $5.25 per hour - (75% of applicable minimum, but not less than Federal minimum wage)
3. Workers employed in: domestic service in or about a private home, Federal
   service, voluntary service in educational, charitable, religious or nonprofit
   organizations where employer/employee relationships do not exist, newspaper
   carriers on home delivery, shoe shine persons, caddies on golf courses, ushers in theaters, traveling or outside sales occupations.
4. Also: Service performed by an individual employed by son or daughter, or minor child employed by parent. Occupations in resort establishments serving meals to the general public that are not open more than six (6) months during the year-between May 1 and October 1 only - and any individual employed by an organized camp having a structured program including but not limited to recreation, education and religion, or any combination thereof. Such an individual must not be employed by the organization on an annual full-time basis and such a camp must not operate for more than seven (7) months in any calendar year. This exemption does not apply to employees of trailer camps. (G.L.28-12)

 Overtime Hourly employees must be paid at 1 ½ times normal rate for all hours:

• Over 40 hrs. in a week
• On Sundays or legal holidays (except for restaurants, health facilities, etc.)Salaried supervisory employees do not have to be paid overtime.
  Sunday and Holiday Law
• Sunday/Holiday work should be voluntary
• Must be paid time & one-half for all work performed on Sundays/Holidays
• There are exceptions:    Restaurants, Hotel, Motels, Health Care Facilities, Pharmacies, etc.
  

Workers’ Compensation

• Work-related injuries must be reported to employer immediately.
• Employee has the right to choose his or her primary physician or health care facility.
• Workers’ Compensation pays for medical expenses and part of your wages if you are out of work for more than 3 days.

HEALTH & SAFETY LAWS
Your employer must provide a workplace free from recognized hazards.  You have a right to information from your employer on health and safety hazards that may exist  at your work site, such as information  about hazardous materials.

OSHA (Occupational Safety and Health Administration)
What can you do if you think that your rights may be violated?

• Get more information.  How?
• Call the agency that enforces the law.
• Talk to your parents, teachers, co-workers.
• Have witnesses
• Use concerted activity.
• Talk to your supervisor.
• Keep a diary.

What Else Should You Know?

• You must be paid for all hours worked.
• Right to Know (Hazardous Chemicals)
• Right to Form or Join a Union
• 3 hrs. minimum shift
• FMLA Leaves - more than 50 employees, at least one year of service - leaves of 12-13 weeks to care for self or immediate family member.

For more information, see Rights Brochure or e-mail The Institute for Labor Studies and Research or call 401-463-9900.