5 Things Teens Should Know About Their Workplace Rights

Getting a job as a teenager is a major milestone on the road to adulthood. Summer and after-school jobs teach teenagers the value of work and the importance of responsibility, not to mention allowing them a small taste of financial independence. While your teenager may be excited about getting their first job, they may not be aware of their workplace rights or when they are potentially being violated. On the flip side, employers should also be aware of the regulations on teenage employment so that they can tailor their policies and procedures accordingly. Below are the five most important things to know about teenagers’ workplace rights in Virginia, according to our Richmond employment lawyers.

1. Hours

Virginia law places limits on the number of hours teenagers may work. Teenagers under the age of 16 may not work during the following times:

During the school year:

During school hours
For more than three hours per day on school days
For more than 18 hours per week on school weeks
For more than eight hours per day on non-school days
For more than 40 hours per week on non-school weeks
Before 7:00 a.m. or after 7:00 p.m.

During summer (June 1-Labor Day):

For more than eight hours per day
For more than 40 hours per week
Before 7:00 a.m. or after 9:00 p.m.

Teenagers under the age of 16 are also prohibited from working for more than five hours straight without at least a 30-minute break.

2. Frequency and Manner of Payment

All employees in Virginia must be paid at regular intervals. Salaried workers must be paid at least once per month, while hourly employees must be paid at least once every two weeks or twice per month (except students enrolled in work-study programs). Payment must be in lawful money of the United States (i.e., not non-monetary gifts, privileges, or other benefits) and must take one of the following forms:

Check
Electronic automated fund transfer
Prepaid debit card

On each pay date, employers must provide each employee with a written statement showing the name and address of the employer, the number of hours worked during the pay period, the rate of pay, the gross wages earned by the employee during the pay period; and the amount and purpose of any deductions therefrom. Violation of any of these provisions is punishable as a misdemeanor or felony, depending on the amount of the wages. (See Virginia Code § 40.1-29.) Speak to a Richmond employment lawyer if you have concerns about the manner or frequency at which your child is being paid.

3. Minimum Wage

The minimum wage in Virginia as of the date of this writing is $12.41 per hour — significantly higher than the federal minimum wage of $7.25. Generally, all employees in Virginia are subject to the minimum wage law, but there are significant exceptions, including for employees under the age of 18. In Virginia, the following individuals are not entitled to receive the state minimum wage:

Full-time students under the age of 18 who work fewer than 20 hours per week while school is in session
Individuals under the age of 18 who are employed by a parent or guardian
Anyone under the age of 16, regardless of employer
Babysitters who work fewer than 10 hours per week
Anyone working as a farm laborer
Employees of summer camps for children
Golf course caddies

While the above individuals are excepted from Virginia’s minimum wage law, the exception does not prohibit employers from voluntarily paying such individuals the state minimum wage.

4. Discrimination

It’s common knowledge that discrimination — including race discrimination, sex discrimination, and disability discrimination — is illegal under both federal and Virginia law. But teenagers should also know how to spot illegal employment discrimination. For example, it’s not always as obvious as overt prejudicial treatment. It can also take the form of “hostile work environment” discrimination, in which workplace harassment is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, abusive, or hostile. Teenagers should also know that retaliation against employees who object to discrimination (or any other unlawful conduct) is illegal and can subject employers who engage in it to severe legal penalties.

What About Age Discrimination?

Both federal law and Virginia law prohibit age discrimination in employment. And while it’s not unreasonable to assume that such laws would apply to all employees regardless of age (similar to racial anti-discrimination laws), that is not the case. Unfortunately for teenage workers, the Age Discrimination in Employment Act and the Virginia Human Rights Act apply only to employees aged 40 and older.

5. Hazardous Work

Certain types of work are considered to be too hazardous for people under certain ages. For example, no one under the age of 16 in Virginia may be employed in:

Manufacturing establishments
Hospitals, nursing homes, or clinics
Veterinary practices treating farm animals or horses
Warehouses
Funeral homes
Hotels (in-room service)
Theaters (as ushers)

No one under the age of 18 may be employed in the following manner:

Work involving exposure to radioactive substances, including x-ray equipment
Work in any place where alcoholic beverages are manufactured, bottled, or sold for consumption on the premises
Work in mines, quarries, tunnels, or underground scaffolding
Work involving the operation of certain types of machines, including grinding, abrasive, polishing, or buffing machines; power-driven metal forming, punching, or shearing machines; and circular saws, band saws, or power-driven woodworking machines
Work preparing compositions using dangerous or poisonous chemicals
Work manufacturing paints, colors, white lead, or brick tile
Work in excavation, demolition, roofing, wrecking, or shipbreaking
Work in logging or sawmilling

(See Virginia Code § 40.1-100.)

Of course, there are several exceptions to these restrictions, which our Richmond employment lawyers would be happy to discuss with you.

Get the Right Answers From a Richmond Employment Lawyer

If you have questions or concerns about your teenager’s rights in the workplace or are an employer considering hiring a teenager, you should consider speaking to an experienced attorney. To get started, please contact a Richmond employment lawyer at Pierce / Jewett by calling 804-502-2320 or using our online contact form.