Detasseling. Babysitting. Picking Rocks. Bag boy at the local grocery store. Working as summer help at the school? We all remember our first jobs. The glory of 5:30 AM bus rides to wet cornfields to detassel corn. A true midwest gift to teenagers 13 through 18 trying to earn a few bucks. Recently, we have received an uptick in calls from school administrators who are looking to fill temporary custodial positions with high school workers during the summer months. High school students may be an excellent solution for schools during the three months of summer. However, there are certain considerations South Dakota school administrators should review when hiring high school workers.
Minimum Age and Wage
South Dakota law provides that no minor under the age of 14 may be employed. SDCL 60-12-1. Additionally, minors who are 14 and 15 are limited to working no more than eight hours a day and no more than forty hours a week. SDCL 60-12-2. School districts are also required to pay minimum wages as established by SDCL 60-11-3. The 2023 South Dakota minimum wage is $10.80 per hour.
Driving “On-The-Job”
Minors under 17 may not drive on public roadways as part of the minor’s job. A 17 year old may drive on public roadways as part of the 17 year old’s job if the following requirements are met: 1) the driving occurs during daylight hours, 2) the 17 year old holds a valid driver’s license, 3) the driver has completed a driver’s education course, 4) the driver has no record of any moving violation at the time of hire, 5) the vehicle does not exceed 6,000 pounds gross vehicle weight, and 6) the vehicle has seat belts for the driver. Additionally, driving may not include driving more than a 30 mile radius beyond the work site and transporting more than three passengers.
Lawn Mowing
One area we often see schools use minors for is mowing the school grounds. Be aware that the FLSA limits 14 and 15 year olds from certain activities. For example, 14 and 15 year olds may help with “clean-up work and grounds maintenance,” but they may not “use power-driven mowers, cutters, and trimmers.” See a complete list of limitations here. If your high school workers are 16 or older, the limitations for work are substantially removed.
Conclusion
If you have any questions about hiring minors, please feel free to contact Karen, Steve, Bobby, Coady, Jordan, Tyler or Sara at (402) 804-8000, or send everyone an email at ksb@ksbschoollaw.com.