The Minimum Legal Work Age in CT
In Connecticut, the minimum legal age required for employment differs depending on the type of work and age of the minor. At 16 years old, a minor is permitted to work in any non-mining, non-manufacturing, non-carrying occupation for unlimited hours. However, when it comes to limited hours, a 14- or 15-year-old minors can work no more than three hours on a school day, eight hours on other days, and 18 hours in a school week. On weekends, they may work up to 40 hours. A 14- or 15-year-old may not work before 7:00 AM or after 10:00 PM.
Even younger at 13 , high school students in Connecticut may work during the school year in agricultural and/or personal services, but only with a special certificate, permit, and parent consent. Connecticut law also uses federal statutes in establishing restrictions on the age of other minors, including those working in manufacturing, mining, and construction. For a minor to perform these types of work, he or she must be at least 18 years old.
Despite the fact that the Connecticut laws are relatively flexible for businesses, employers who hire minors are still subject to many laws and regulations.
Prohibitions on Working Minors in Connecticut
Connecticut places specific restrictions on the employment of minors. When 14 or 15 years of age, a child may not work more than 8 hours per day or 40 hours per week. When working during a school week, the child is limited to 3 hours per day. In addition, minors may not work before 7:00 a.m. or after 7:00 p.m. and cannot work before 7:00 a.m. or after Sunday. These hourly and weekly limits do not apply to children when they are employed by their parents. In addition, children under age 18 cannot work in certain jobs, including, but not limited to driving, operating power-driven or hoisting equipment, operating a band saw, boxing machines, power-driven paper, hand or punch presses, power-driven bakery machines and circular saws, and tending a mill containing hazardous moving parts.
Permits to Work for Minors
Work permits for minors are not otherwise required under federal law, and Connecticut is the only state that now requires work permits for all minors. Employers should understand this requirement when in contact with employees or other individuals under age 18.
Connecticut General Statutes Section 10-194(a) provides that "[a]ll persons under eighteen years of age, other than those who because of physical or mental disabilities are incapable of earning a livelihood, shall obtain employment certificates [work permits]." In addition to general provisions regarding the process for obtaining work permits in Connecticut, the statute also includes special sections for (1) theatrical employment certificates (CGS Sec. 10-195); (2) minors employed in the conveyance of newspapers (CGS Sec. 10-196); and (3) minors employed in the agriculture sector (CGS Sec. 10-197). While CGS Sec. 10-194(b) states that no minor shall be between the ages of twelve and fourteen years may be employed in non-agricultural or manufacturing establishments without a work permit, employers should verify the dates of all existing work permits to ensure the minors meet the updated requirements.
Connecticut employers will need to procure an Employment Certificate ApplicationForm from the Connecticut State Department of Labor. The form must be signed by the employer and submitted to the minor’s local school district superintendent for approval. After the application has been approved, the superintendent will issue a work permit to the employer upon submission of certain required documentation, including evidence of age and consent of a parent or guardian. Employers who employ a minor without a work permit are subject to both civil and monetary penalties.
The laws in other states vary with respect to the laws governing minors.
Working Age Exceptions
Connecticut law does not require a permit for employment where the minor is under 18 years of age in businesses owned and operated by the minor’s parents or guardians and which conduct businesses that are not considered hazardous . Additionally, the general hiring age restrictions do not apply to minors employed by their parents or guardians on a farm or in the delivery (non-mercantile) of newspapers (as long as it is not prohibited within four hours of the minor’s required school hours).
The Connecticut Department of Labor
The Connecticut Department of Labor ("DOL") enforces the child labor laws under Conn. Gen Stat. Section 31-23. Specifically, the DOL is responsible for the issuance and tracking of work permits, including exceptions for school districts. The DOL also educates employers throughout the state about their responsibilities and the obligations under the law.
One of the most common questions the DOL receives is why their office has to approve or disapprove work permits. Many times, parents will obtain the employer’s name and telephone number for the DOL, and then complain to the DOL when their child’s working papers are rejected. The law allows for certain exceptions, including an exception that applies to school districts. Also, certain work permits can be obtained from the DOL after the application is handled directly by the employer, but that is not the case for all occupations.
The Law does not allow for an employer in Connecticut to issue their own working papers in any instance other than the two noted below. First, employers may issue permits for a "working certificate" to individuals who have already obtained a "certificate of age" in accordance with Conn. Gen Stat. Section 10-197. This is an exception to the general rule which takes away some of the burden on the DOL. Second, employers may issue a "certificate of consent" to an applicant who is sixteen or seventeen, provided the applicant provides a "certificate of age" issued by the chief elected official of the town, city or borough where the applicant resides.
Despite the Connecticut General Statutes which outline various occupations that are authorized, ineligible, and conditionally eligible for minors, the DOL still has the authority to override the general statute if the employer can show "just cause" for why they should be granted the work permit.
For example, in a recent decision from a Superior Court (Griesman v. Commissioner of Labor, 50 Conn. Sup. 248, (Dec. 8, 2008) (Holzberg, J.) ("Griesman"), the Commissioner of Labor denied a work permit for a minor who was going to work at a bakery. In her decision to deny, Commissioner of Labor Nancy A. Steffens noted that the job involved an early morning shift (5:30 a.m. to 12:30 p.m.) This was contradictory to a similar work permit that was previously granted for a different minor to work for the same employer at a similar bakery in the same chain franchised outlet. In her deposition to the court, Commissioner Steffens testified that she may have been more likely to approve the application had the permitted applicant in the first permit or the applicant in the current application worked in the afternoon or evening, because "people work the afternoon or evening hours." When the Commissioner was asked by counsel whether she would have approved both applications if the same schedule had been set forth by both applicants, she responded "I don’t know that because I did not make that hypothetical determination." Indeed, the court also noted that she "could not recall whether the bakery had previously been listed as an exception under Conn. Gen. Stat. Section 31-23." As a result, Commissioner Steffens subsequently reversed her decision and granted the applicant the working papers she sought.
While the DOL may have reason to reject a work permit for a proposed schedule during summer vacation, the court, as in Griesman, may find that it is still consistent with the statutory purpose of protecting minors from hazardous conditions.
Failing to Comply
An employer’s duty is to follow Connecticut’s labor laws and to help ensure that the law is enforced against child labor. Employing minors may make an employer liable for the payment of wages to a minor and any overtime wages due the minor. Child labor violations also carry civil penalties. For each violation, the Connecticut Department of Labor may impose a fine of not less than $100 nor more than $1,000. Multiple violations can add up quickly. The fines are paid to the Connecticut State Treasury.
Connecticut law also provides for criminal penalties for child labor violations . Each person who commits a violation may also be found guilty of an infraction and, upon conviction, may be fined up to $100 per violation. Finally, hiring minors under the legal working age may constitute a factor against a state contractor that is evaluated under the State of Connecticut Supplier Code of Ethics.
The law governing youth employment is strictly enforced in Connecticut. Employers who fail to train their managers and employees on youth employment laws might find themselves risking liability for hundreds and even thousands of dollars per violation.