Is it legal to hire a high school student for a night shift or 40 hours a week?

michr

is it legal?
generally NO but....................
there are exceptions and exemptions so without all the facts i can not answer definitively.

it is legal for a minor over 16 to regularly work past 10pm (til midnight) with parental permission and school authorization, however they may not be enrolled in school and work more then 28 hours a week.

minors who are legally not attending school may get a full-time work certificate that allows 40 hours per week but the restrictions for night work are still enforced.(no work past midnight)
http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/lschlhrs.shtm

here is the site for all the information you need.
http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/minors.shtm

DeeDee

is your friend complaining? If he doesn't like it, then he is free to get another job.

John L

While school is in session, a minor 16-17 enrolled in school, isn't supposed to work over 28 hours total, over 6 days a week, more than 4 hours on any one day before a school day (eight hours on Friday, weekend, and holidays). Time to work can't be past 10 P.M. or before 6 A.M. (can work as late as midnight if written consent from parent or guardian, and certificate from the school saying minor is in good academic standing).

When school is not in session, rules change... 48 hours a week total, 6 days a week, can't work after midnight or before 6.

There are some exceptions, but I doubt your friend would qualify (unless he is delivering newspapers, baby sitting, or working in performing arts).

A knowing violation of this is a misdemeanor, punishable of up to $500 or imprisonment up to 60 days (steeper penalties for subsequent offenses).

Just because a statute limits your friends working hours, doesn't mean he, or his employer is going to follow through with it. I constantly worked over 40 hours a week at a local restaurant during high school, doing as many double shifts a week as I could (I live in Florida, but child labor laws are pretty much the same).

julz

It's very complicated. A lot has to do with School hours.

The Smart Chick

According to your quote, "Generally, you may not work between 10 PM and 6 AM" leads me to believe that it isn't legal. But people get away with a lot of things, and try to get over on high school employees.

I think the only possible exception would be if the high school student is already 18 years old.

Adobe

It depends where you live and how old you are-there is a big diference between 15 and 16, and between 17 and 18.

GreenIYD

It's not legal for one of a few reasons:

Either he's not on the books so he did not have to provide working papers, which is illegal

He provided working papers, in which case the management of the store is ignoring New York State child labor laws

He lied and the merchant doesn't know he's a minor, but the merchant is supposed to check ID and working papers.

--16 and 17 year olds cannot work past 10pm on a school day, may not work more than a certain amount of hours on a school day and may not work more than a certain amount of hours per week (I don't remember those exact numbers, it's been a while since I was 17) But, an overnight, 12 hour shift is clearly in violation of the laws a merchant agrees to abide by when hiring a minor. They are put in place to protect minors and make sure they have every opportunity to go to school and not offer them the temptation to work instead without officially dropping out fo school. This way, a boss cannot legally fire them, for example, for not working on a Tuesday morning because they need coverage, but the teen has school and can't do it.

elise

its illegal

Cristina H

If the parent signs off and allows the child to do so, than yes.

However, if they FORCE the child to do so, than that can be considered child labor abuse, or some other simliar term.

Kelly

Well it depends on where you live you would have to ask manager

CrippledKnight

It depends a lot where you live, but minors are not allowed to work 40 hours on a shool week. Specially not on a school day.

Football Dad

Key word is "generally" which means usually. As long as they pay you for every hour that you work, its completely legal.

thanks for the memories

no. they're paying you to do the work. they're not forcing anything on you, so it is legal.

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