New Hampshire’s child labor laws, also known as the Youth Employment Law, aim to protect the health, safety, and educational opportunities of workers under 18 years of age. Administered and enforced by the New Hampshire Department of Labor, these rules establish the state’s minimum working age, set hour restrictions, mandate a work permit certificate, and outline occupations deemed hazardous for minors to engage in.
These state laws work in tandem with the federal Fair Labor Standards Act (FLSA). However, when the two differ, employers must follow the stricter standards and provide maximum protection to minor employees. New Hampshire has several rules, especially regarding work permits and hour limits for 16- and 17-year-olds, which are stricter than the federal law. Let’s dive deep for more clarity on the state’s child labor laws.
Minimum Working Age in New Hampshire
Unlike many U.S. states, where the minimum working age is typically set at 14 years, New Hampshire has established different minimum ages for various work types. This is as follows:
| Age |
Work Type |
| Under 12 |
Can only perform casual work, including
- Delivering newspapers
- Working for parents/grandparents/guardians
- Working in the entertainment industry
- Working on a farm
|
| 12 and older |
Can work in most non-hazardous occupations. |
| 15 and older |
Can work in stores that sell liquor, but can only take employment as a stock clerk or a cashier. |
| 16 and older |
Can work in most non-hazardous jobs. |
Work Permits for Minors in New Hampshire
According to state laws, minors must obtain work permits before starting employment.
Minors Under 16:
- Minors must obtain a New Hampshire Youth Employment Certificate within three business days of starting the job. The process involves:
- Obtain the request form and get the necessary details filled out by the employer.
- Submit the form to the school administration along with a proof of age document.
- Once the certificate is issued, provide the original or a copy of the certificate to the employer for record purposes.
Minors Aged 16 and 17:
- They do not need an employment certificate to start employment; they must get a signed document from a parent or legal guardian permitting their employment.
- The employer must maintain a copy of this permission slip on file.
Please note that this requirement is waived if the minor is a high school graduate or has obtained a GED.
Hour Restrictions for Minors in New Hampshire
New Hampshire’s hour restrictions differ from federal law, especially for older teens.
Minors Under 16
- Work up to 3 hours per day and 23 hours per week when school is in session.
- Work up to 8 hours per day and 48 hours per week when school is not in session (including summer)
- Must only work between 7:00 AM and 9:00 PM
Minors Aged 16 and 17 (Enrolled in School)
- Work for not more than 30 hours per week and no more than 6 consecutive days when school is in session
- Work up to 48 hours per week and no more than 6 consecutive days when school is not in session (including summer)
Prohibited Jobs for Minors in New Hampshire
Both state and federal laws restrict minors from being employed in hazardous occupations.
| Age Group |
Prohibited Occupations & Special Conditions |
| Under 16 |
Working in amusement parks, pool halls, construction, and operating most power-driven machinery. Prohibited from commercial cooking and baking, with limited exceptions for grills not using an open flame. |
| Ages 16–17 |
Banned from the 17 hazardous occupations defined by the federal FLSA, including jobs in roofing, excavation, demolition, and those involving explosives or logging. They are also prohibited from operating most heavy machinery, like forklifts and meat slicers. |
| All Minors (Under 18) |
Prohibited from working in establishments that serve alcohol for on-premise consumption, with limited exceptions for serving if another adult is present. They cannot work in any role declared hazardous by the New Hampshire Department of Labor. |
Penalties for Non-Compliance
Employers who violate child labor laws are subject to both state and federal penalties.
- Parental Liabilities: Parents are usually not held responsible for violations unless they willingly permit their minor to work in an illegal occupation.
- Employer Penalties:
-
- State Penalties: Violations of the state’s Youth Employment Law are considered a misdemeanor and can result in fines, along with other legal consequences.
- Federal Penalties: The U.S. Department of Labor can impose significant civil money penalties per violation. Penalties are usually assessed based on the violation and not per child, and fines can increase for willful or repeated violations to thousands of dollars.
HR Notifications and Documentations
Employers and HRs in New Hampshire must obtain and maintain specific records for all employees under 18 years of age.
| Document |
Retention & Storage Details |
| NH Youth Employment Certificate |
Required for all employees under 16. Must be obtained within three business days of hire and kept on file. |
| Parental Permission Form |
Required for employees aged 16 and 17. The signed document must be kept on file by the employer. |
| Proof of Age |
The employer or school official must verify the minor’s age via a birth certificate, passport, or other official record before a certificate can be issued. |
| Workplace Posting |
Employers must post a notice in the area where minors work, stating the rules for work hours, mealtimes, and the maximum hours allowed per day. |
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