The document discusses federal laws regarding the employment of teenage workers during the summer, noting that the Department of Labor, Equal Employment Opportunity Commission, and Occupational Safety and Health Administration provide information to teenagers about their rights in the workplace. Employers are advised to inform managers about these rights to prevent illegal harassment or discrimination against teenage employees and ensure they are paid properly and work in safe conditions.
2. Summer means teenage employment will rise at many workplaces. More
working teenagers means an increase in potential risks for
employers...including the risk of harassment and other illegal treatment.
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The U.S. Department of Labor (DOL), the Equal Employment Opportunity
Commission (EEOC) and the Occupational Safety & Health Administration
(OSHA) all have websites to actively inform teenagers of their rights:
If your organization employs teenagers, don't cut corners when complying
with federal and state employee-protection laws just because the employees
are young.
3. The U.S. Department of Labor (DOL), the Equal Employment Opportunity
Commission (EEOC) and the Occupational Safety & Health Administration
(OSHA) all have websites to actively inform teenagers of their rights:
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• The DOL's "Youth Rules" website tells teenagers: "Before you start working, you
should know what your employer can and cannot require of you. As a young
worker you are limited in the types of jobs and number of hours you can work.“
See right-hand box for the federal employment provisions involving hours and
jobs that some teenagers are prohibited from holding.
• OSHA describes actual cases in which teenagers were injured or killed at work
on its website "Young Workers You Have Rights!“
• The EEOC's "Youth at Work," website gives examples of illegal behavior and tells
teens how to file complaints against employers.
The "Welcome" on the EEOC site states: "This website is designed to teach
you about some of your rights and responsibilities as an employee.... learn
about different types of discrimination affecting young workers and what you
can do to help prevent discrimination in the workplace."
4. Employment Discrimination and Harassment
The EEOC tells teenagers they are protected against employment discrimination
when it involves:
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• Unfair treatment because of race, color, religion, sex, national origin, or disability.
• Harassment by managers, co-workers, or others in the workplace because of race,
color, religion, sex, national origin, or disability.
• Denial of a reasonable workplace change that an employee needs because of
his or her religious beliefs or disability.
• Retaliation because an employee complains about job discrimination, or assists
with a job discrimination investigation or lawsuit.
Smart moves : Employers should inform and train managers, supervisors and
team leaders about employee rights and the responsibilities leaders have to
assure the rights are protected. Ask supervisors to read the information on
the EEOC, DOL and OSHA websites pertaining to youth workers.
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5. www.hrp.net
• Encourage open, positive and respectful interactions with young employees.
• Remember that awareness, through early education and communication, is the
key to prevention.
• Establish a strong corporate policy for handling complaints.
• Provide alternate avenues to report complaints and identify appropriate staff to
contact.
• Encourage young employees to come forward with concerns and protect staff
members who report problems or otherwise participate in investigations from
retaliation.
• Post company policies on discrimination and complaint processing in visible
locations, such as near the time clock or break area, or include the information in
young employees' first paychecks.
• Clearly communicate, update, and reinforce discrimination policies and
procedures in a language and manner young staff members can understand.
• Provide early training to managers and employees, especially front-line
supervisors.
• Consider hosting an information seminar for parents or guardians of teens working
for the organization.
In addition, consider these tips from the EEOC to help promote voluntary
compliance and prevent harassment and discrimination cases:
6. The federal government is reaching out to teenage workers online to help
ensure they receive proper wages, stay safe on the job, and are not the
victims of illegal treatment. Many youth workers are eager to gain experience
and job skills at summer jobs. They can be an enthusiastic addition to your
team. But you must comply with relevant federal and state rules and ensure
young workers get adequate training in safe practices.
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Learn how to communicate with
teenagers. Encourage them to ask
questions about procedures that
are unclear and to report
situations that are unsafe. As
OSHA advises employers:
"Remember that young workers
are not just 'little adults.'"
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7. Court: Unpaid Internships Violated Labor Laws
A federal court recently ruled that a movie studio violated federal and state wage
laws by not paying interns.
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Facts of the new case: Unpaid interns worked for Fox
Searchlight Pictures on the popular 2010 film "Black
Swan," starring Natalie Portman. Later, the interns filed
a lawsuit claiming the company violated the Fair Labor
Standards Act and state wage laws by not paying them.
The lawsuit sought payment for wages, overtime,
expenses and more.
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The interns built sets and performed administrative and accounting functions. The
court noted that it was "work that otherwise would have been done by a paid
employee."
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8. On June 11, 2013, the U.S. District Court for the Southern District of New York ruled
the interns were employees and were covered by federal and state wage laws.
(Glatt and Footman, et al. v. Fox Searchlight Pictures, Inc., No. 1:11-cv-06784, U.S.
Dist. Ct., SDNY)
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In the wake of the decision, employment law experts predict a surge of lawsuits
from former interns who were paid little or nothing for their work. If your
organization could be affected, consult with your HR department and attorney
about how to proceed.
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9. The risks of managing and supervising teenage employees don't just involve
illegal harassment. Some employers break the law by not paying young
employees proper wages or overtime. Some employers ask young people to
work longer hours in a day or a week than laws regulating teen work hours
permit.
In addition, teens may be illegally exposed to workplace hazards.
Here is a rundown of some of the federal rules employers must comply with:
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Hours - Fourteen and 15-year-olds are limited in the hours they can work
and the jobs they can do.
For example, when school is in session, youths cannot work past 7 p.m.
When school is not in session, those under age 16 cannot work more than 8
hours a day or more than 40 hours a week.
At 16 and 17, teens may work unlimited hours.
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