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A 15-year-old in Worcester gets offered a summer job scooping ice cream. Before the first shift, there is a piece of paper to get, and it does not come from the shop. In Massachusetts, it comes from the superintendent of schools. After that, two sets of hour rules apply at once, the state's and the federal government's, and the stricter one wins. Here is what that means at 14, 15, 16, and 17.
The permit comes from your school district
Massachusetts law says a business may not employ a minor 14 or older without an employment permit (the state's name for a work permit) issued by the superintendent of schools. The employer must keep your permit on file, where the Attorney General's inspectors can see it, along with a list of the names and ages of every minor it employs.
When the job ends, the employer has two days to return the permit to the superintendent's office that issued it. Each district decides how it handles the paperwork, so start by calling the superintendent's office or the guidance office at your school. Have the employer's name, the work address, and a description of the job ready.
Hours: two rulebooks, and the stricter one controls
For 14- and 15-year-olds, Massachusetts allows no more than 8 hours a day, 48 hours a week, and 6 days a week, and only between 6:30 a.m. and 7 p.m. From July 1 through Labor Day, the evening limit moves to 9 p.m. The federal Fair Labor Standards Act (FLSA, the national wage and hour law) is tighter in places: 3 hours on a school day, 18 hours in a school week, 40 hours in a non-school week, and no work before 7 a.m. So in practice, the 7 a.m. start and the school-week limits come from federal law. In June, the state rule is the tighter one: federal law allows 9 p.m. starting June 1, but Massachusetts keeps the 7 p.m. limit until July 1.
At 16, the federal hour limits end. Massachusetts keeps going. A 16- or 17-year-old may work up to 9 hours a day, 48 hours a week, and 6 days a week. On a night before a school day, work must fall between 6 a.m. and 10 p.m. (10:15 p.m. if the business stops serving customers at 10). On other nights the limit is 11:30 p.m., or midnight at restaurants and racetracks.
Pay: $15 an hour, and why federal rules reach your job at all
The Massachusetts minimum wage is $15.00 an hour, more than double the federal $7.25. State law also says the Massachusetts rate must stay at least 50 cents above the federal one. The U.S. Department of Labor's summary of state wage laws lists no separate youth or training wage for Massachusetts.
Federal limits apply in Massachusetts because of United States v. Darby (1941). The Supreme Court held that Congress may use its power over trade between states to set wages, hours, and child labor limits, and it rejected Hammer v. Dagenhart (1918), which had said Congress could not ban goods made with child labor.
Where to check and who to call
In Massachusetts, child labor rules are enforced by the Attorney General's Office, through its Fair Labor Division. Its Fair Labor Hotline takes questions and complaints about hours, permits, and pay. Search mass.gov for 'Fair Labor Division' to find the current phone number and the online complaint form. A parent, a teacher, or you can make the call.
Before you start, ask to see that your permit is on file. Then keep your own note of the hours you work each day. If a manager in Springfield schedules you until 11 p.m. on a Tuesday when you are 16, that note is your proof.
기억하세요
- Every Massachusetts worker 14 to 17 needs an employment permit from the superintendent of schools, and the employer keeps it on file.
- Ages 14-15: no work before 7 a.m. or after 7 p.m. (9 p.m. from July 1 to Labor Day), and federal limits of 3 hours on a school day and 18 in a school week.
- Ages 16-17: up to 9 hours a day and 48 a week, and no later than 10 p.m. on a school night.
- The Massachusetts minimum wage is $15.00 an hour; the Attorney General's Fair Labor Division takes complaints.
출처
- Massachusetts Legislature: General Laws, Chapter 149, Section 86 (employment permits) (새 탭에서 열림)
- U.S. Dept. of Labor: Selected state child labor standards affecting minors under 18 in non-farm employment (새 탭에서 열림)
- U.S. Dept. of Labor: State minimum wage laws (새 탭에서 열림)
- Cornell Legal Information Institute: United States v. Darby (1941) (새 탭에서 열림)
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