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A 14-year-old in Fargo gets hired to bus tables at a family restaurant. Before her first shift, three people have to fill out one form: her, a parent, and the restaurant. That form is North Dakota's Employment and Age Certificate. Then the rules on hours start. In North Dakota, the state Department of Labor and Human Rights enforces the youth employment law, and the federal Fair Labor Standards Act (FLSA, the national wage-and-hour law) applies on top of it. When the two differ, the stricter rule wins.
The certificate for 14- and 15-year-olds
North Dakota's minimum age for most jobs is 14. Under 14, a young person can generally work only in farm labor, domestic service (work around a private home), or under the direct supervision of a parent, guardian, or grandparent.
At 14 and 15, you need an Employment and Age Certificate for each new job. The teen, a parent, and the employer each fill in part of it. The department says the original must be sent to the department, and the certificate is not valid until the department receives it. Starting a different job means a new certificate.
At 16 and 17, North Dakota's youth employment law has no hours limits and no certificate. Federal law still bars anyone under 18 from hazardous jobs, such as roofing, most driving, and most work with power-driven machines.
Hours for 14- and 15-year-olds
From Labor Day through May 31, a 14- or 15-year-old can work only between 7 a.m. and 7 p.m. From June 1 through Labor Day, the window stretches to 9 p.m.
The caps are 3 hours on a school day and 18 hours in a school week. On a non-school day the cap is 8 hours, and in a non-school week it is 40. North Dakota counts a week (Sunday through Saturday) as a school week if school is required on any part of four or more days. So a short Thanksgiving week with three school days is a non-school week.
Some jobs are off limits at this age no matter the hours: cooking, construction, driving, door-to-door sales, and work with power-driven machinery or chemicals. One detail trips people up. State law allows 14- and 15-year-olds to mow lawns, but federal law forbids it except in domestic work, and the stricter federal rule controls.
Pay, and why Congress can set it
North Dakota's basic minimum wage is $7.25 an hour, the same as the federal rate. Tipped workers, such as servers, can be paid a direct wage of $4.86 an hour, but only if tips bring them up to at least the full minimum for every hour worked. The employer has to tell you in advance and keep written records. The department's pages we read do not list a separate teen wage under state law; if an employer offers you less than $7.25, ask the department.
The federal floor exists because of United States v. Darby (1941). In that case, the U.S. Supreme Court ruled that Congress can use its power over interstate commerce to set wages, hours, and child labor rules. It also overruled Hammer v. Dagenhart (1918), which had said Congress could not ban goods made with child labor.
Where to get the form and ask questions
The Department of Labor and Human Rights is at 600 East Boulevard Avenue in Bismarck. Its phone number is 701-328-2660, and the toll-free line is 1-800-582-8032. The Employment and Age Certificate and a youth employment brochure, in English and in Spanish, are on its Youth Employment page.
If you think you were paid wrong or scheduled past the limits, the department takes complaint inquiries and wage claims. Write down your dates, hours, and pay first. Farm work, domestic service, and working in a business your parent fully owns follow different rules, so say which one applies when you call.
Hãy nhớ điều này
- At 14 and 15, each new job needs an Employment and Age Certificate filed with the Department of Labor and Human Rights.
- At 14 and 15, school-year shifts run 7 a.m. to 7 p.m., with 3 hours per school day and 18 per school week.
- North Dakota's minimum wage is $7.25, and tipped workers must still reach $7.25 with tips.
- Questions or complaints go to the department at 1-800-582-8032.
Nguồn
- North Dakota Department of Labor and Human Rights: Youth Employment (mở trong thẻ mới)
- North Dakota Department of Labor and Human Rights: Wage and Hour FAQ (mở trong thẻ mới)
- U.S. Dept. of Labor: State minimum wage laws (mở trong thẻ mới)
- Legal Information Institute: United States v. Darby, 312 U.S. 100 (1941) (mở trong thẻ mới)
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