How to comply with Georgia’s child-labor laws

If you see a lot of younger people around, you’re not imagining things. Georgia is the fourth youngest state in the union; only the residents of Utah, Texas and Alaska have lower median ages.

Given those statistics, many employers are likely to hire teenage workers. But watch out: Georgia has special child-labor laws that can trip you up if you’re not careful. With federal child-labor laws to consider as well, Georgia employers must navigate a tangled web of regulations when employing young workers.

Age-based limitations. Federal law establishes 14 as the minimum age for anyone to be employed. Georgia state law requires any worker who is age 14, but under age 18, to obtain an employment certificate from his or her school. In the case of home-schooled children or out-of-state residents seeking to work in the state, the County School Superintendent must issue the certificate.

Minors 15 and younger are restricted to working a maximum of three hours on school days. (They can work up to eight hours on nonschool days.) Under no circumstances can they work more than 18 hours during any week that school is in session. Also, when school’s in, they can’t work during normal school hours, before 7 a.m. or after 7 p.m.

During nonschool weeks, minors age 15 and younger can work up to 40 hours a week. And during summer (June 1 through Labor Day) they can work up until 9 p.m.

Job limits on workers age 15 and younger. Georgia law forbids minors age 15 and younger to work:

• With machinery or motor vehicles.
• In food processing.
• On installation or maintenance of fixtures.
• With railroads or railroad cars, conveyers and similar devices.
• Near unguarded gears.
• On vessels or boats.
• Around dangerous gases or acids.
• In the communication and public utilities fields.
• Around freezers, meat coolers.
• Loading or unloading trucks.
• On scaffolding or in construction.
• In mines and quarries.

Job limits on all minors. Some industries are simply too hazardous for minors, and federal and state law forbid anyone under age 18 to work in them.

Those include:

• Manufacturing or storing of explosives.
• Any job where the minor would drive a motor vehicle or act as an outside helper to a driver of a motor vehicle.
• Coal or any type of mining.
• Logging and saw milling.
• Any job involving power-driven woodworking machines.
• Any occupation where the employee is exposed to radioactive substances.
• Jobs working with power-driven hoisting machines.
• Operating or working near power-driven metal-forming, punching and shearing machines.
• Slaughtering, meat-packing, processing or rendering of meat.
• Working with power-driven bakery machines.
• Operating power-driven paper products machines.
• Working in the manufacture of tile, brick and kindred products.
• Working around power-driven saws or other cutting machines.
• Wrecking, demolition or ship-breaking industries.
• Roofing operations.
• Excavation.

Alcohol service. Georgia state law forbids minors to work in establishments where alcoholic drinks are served, although it does allow minors to work where drinks are sold for off-premises consumption. However, many local municipalities have more restrictive laws. Check with the local ordinances to make sure you’re in compliance.

Rest and meal breaks. Georgia’s child-labor law does not require employers to provide breaks to their younger employees. Since the federal wage law (the Fair Labor Standards Act) also doesn’t mandate breaks, no Georgia worker, regardless of age is legally entitled to a break. Remember, however, that workers under age 16 can’t work beyond the hours and times listed above.

Documenting a minor’s age

While employers are typically barred from asking job applicants their ages, they are required to obtain proof that the applicant is at least 18 years of age.

Many of the documents needed to complete the federal I-9 form contain the applicant’s birthday. Employers should maintain a copy of each form of ID used to complete the I-9 (even though they’re not required).

Employers must still provide workers’ compensation coverage for minor workers. Injured minors or their families can sue employers if they don’t cover them for their workplace injuries. Employers can’t use an applicant’s fraudulent statement of age as a defense to a workers’ comp claim.  

Online resources: Child-labor laws