Detasseling. Babysitting. Bag boy at the local grocery store. 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. But can a school district be a student’s first summer employment experience? 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 Nebraska school administrators should review when hiring high school workers.
Minimum Wage
Nebraska law carves out an exception to the state minimum wage for school districts. Specifically, Neb. Stat. § 48-1202(2) states: "Employer . . . shall not include the United States, the state, or any political subdivision thereof . . .." This language means that school districts are excluded from the category of employers to which the state minimum wage applies and are not subject to the Wage and Hour Act. Instead, a school is only required to comply with the federal minimum wage requirements. The federal minimum wage is currently $7.25 per hour. While high school students may be unwilling to work for $7.25 an hour, it is legally permissible.
Employment Certificate for Minors 14 and 15 Years of Age
The Nebraska Department of Labor requires a form be completed by a school administrator regarding any minors who are 14 and 15 years of age and seeking employment in any workplace. The form is available here. If the school district hires a 14- or 15-year old, the Department of Labor also requires Form 110 for employers which should be posted in the area the minor will be working to alert supervisors of the hour limitations. Fourteen and 15 year olds are limited to working no more than 40 hours in a non-school week. Additionally, their work cannot begin before 7:00 AM nor last beyond 9:00 PM.
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 federal Fair Labor Standards Act 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 fewer.
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.