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A 16-year-old in Bowling Green gets hired at a fast-food place and the manager wants her on the closing shift, Tuesday through Thursday, until 11 p.m. Federal law would allow that. Kentucky law would not. This is one of the places where Kentucky sets a higher bar than the national floor, and it helps to know exactly where that bar is.
No school work permit, but your employer needs proof of age
The Kentucky Education and Labor Cabinet's rules for employers list no work-permit step for teens. What they do require is that the employer keep proof of age on file for every worker under 18. A copy of a birth certificate, a driver's license, or a school ID is accepted.
The employer also has to record each minor's name, age, and address, the start and end of every shift, and every meal break. Kentucky requires a 30-minute lunch break for each five hours of continuous work if you are under 18, and a shorter break does not count.
Hours for 14- and 15-year-olds, and for 16- and 17-year-olds
If you are 14 or 15, Kentucky's limits are the same as the federal Fair Labor Standards Act (FLSA, the national wage and child-labor law): 3 hours on a school day, 8 hours on a non-school day, and 18 hours in a school week. In a week with no school, you can work 8 hours a day and 40 a week. Work must fall between 7 a.m. and 7 p.m., stretched to 9 p.m. from June 1 to Labor Day, and never during school hours.
At 16 and 17 the two laws split. The U.S. Department of Labor says federal law allows unlimited hours at this age in jobs that are not hazardous. Kentucky does not. During a school week you can work up to 6 hours on a school day, 8 on a non-school day, and 30 in total. You can work from 6 a.m. to 10:30 p.m. before a school day, and until 1 a.m. before a non-school day.
To go past 30 hours, the Labor Cabinet points to two forms: a Parent/Guardian Statement of Consent and a Certificate of Satisfactory Academic Standing from your school. In weeks when school is out, Kentucky sets no hours limit for 16- and 17-year-olds. The Labor Cabinet says these hours rules stop applying once you have graduated.
Pay, and why Congress can set a floor at all
Kentucky's minimum wage law, KRS 337.275, sets $7.25 an hour, the same as the federal minimum. The statute says that if the federal minimum goes up, Kentucky's rises to match. Tipped workers can be paid a lower cash wage, but tips plus wages must reach the minimum.
Federal child-labor rules exist because of United States v. Darby (1941). In that case the U.S. Supreme Court ruled that Congress can set wage and labor rules for goods sold across state lines, and it overruled Hammer v. Dagenhart (1918), which had said Congress could not block products made with child labor.
If your schedule or paycheck looks wrong
The Division of Wages and Hours at the Kentucky Education and Labor Cabinet handles child-labor and wage complaints. You can call (502) 564-3534, email wages@ky.gov, or file online. The complaint form is offered in English and Spanish.
Before you call, write down your dates, start and end times, and breaks. Keep your pay stubs. The employer is supposed to keep the same records, so yours give the investigator something to compare against.
Запомните
- Kentucky has no teen work permit, but your employer must keep proof of your age, such as a birth certificate, driver's license, or school ID.
- At 14 and 15: 3 hours on a school day, 18 in a school week, between 7 a.m. and 7 p.m. (9 p.m. in summer).
- At 16 and 17 during a school week: 6 hours on a school day, 30 in total, and no later than 10:30 p.m. before a school day.
- The minimum wage is $7.25, and the Division of Wages and Hours takes complaints at (502) 564-3534 or wages@ky.gov.
Источники
- Kentucky Education and Labor Cabinet: Wages and Hours (открывается в новой вкладке)
- Kentucky Legislative Research Commission: KRS 337.275 Minimum wage (открывается в новой вкладке)
- U.S. Dept. of Labor: Fact Sheet #43, Child Labor Provisions of the FLSA for Nonagricultural Occupations (открывается в новой вкладке)
- Legal Information Institute: United States v. Darby, 312 U.S. 100 (1941) (открывается в новой вкладке)
Эта статья содержит общую образовательную информацию, а не индивидуальную юридическую консультацию. KidsKnowRights не является юридической фирмой, и чтение этой статьи не создаёт отношений между адвокатом и клиентом. Законы различаются в зависимости от штата, возраста и обстоятельств и со временем меняются. Если вам нужен совет по реальной ситуации, обратитесь к лицензированному адвокату или в организацию бесплатной юридической помощи.