by Matt Gatsas, on Feb 10, 2025 3:00:25 PM
Employers in New Hampshire must ensure that they have a strong understanding of both the child labor law provisions set forth by the FLSA and the requirements set forth by the state.
Here is everything you need to know about child labor laws in New Hampshire.
New Hampshire Child Labor Laws Overview
Employers in New Hampshire need to be careful when hiring minors, as minor workers have their own set of labor laws and rights in the workplace.
These include:
- Age requirements for work
- Restrictions on duties performed
- Restrictions on hours-worked
- Required certificates
- Posting requirements
- Penalties and fines
Employers should note that New Hampshire also has some specific restrictions on Youth Training and Employment in Firefighting.
How Old Do You Need to Be to Work in New Hampshire?
Minors can be employed in the State of New Hampshire at a very early age, however, there are restrictions regarding the type of employment for different age groups.
Minors under the age of 12, may work for their parents, grandparents, or guardian(s). They may also be employed in casual work, or the door-to-door delivery of newspapers.
Casual work is defined as “employment which is infrequent or of brief duration or productive of little or sporadic income or not commonly held to establish an employer-employee relationship.”
Minors 12 or older, but under the age of 16 require a work certificate to work in most cases. A work certificate is not required when working for their parents, grandparents, or guardian(s), as well as to be employed in casual work or farm labor.
To hire a minor aged 16 or 17, an employer must obtain and maintain, on file, a signed written document from the youth's parent or legal guardian permitting the youth's employment. This does not apply to minors of those ages who have graduated from high school or obtained a general equivalency diploma (GED).
Restrictions on Duties Performed
The restrictions on duties performed by minors are also dependent on the age of the minor.
As stated above, minors under the age of 12 are allowed to work for their parents, grandparents, or guardian(s), as well as be employed in casual work, or in the door-to-door delivery of newspapers.
Minors under the age of 16 are prohibited from working in dangerous areas in manufacturing, construction, mining, quarrying occupations, or in woods and logging.
All minors in the state are prohibited from working in any hazardous occupation, except in an apprenticeship, vocational rehabilitation, or training program approved by the commissioner.
Employers should also note that the Fair Labor Standards Act (FLSA) also has restrictions on duties performed by minors.
Restrictions on Hours-Worked
The restrictions on hours worked by minors are also dependent on the age of the minor. There are also certain restrictions on scheduling.
Minors under the age of 16 are prohibited from working earlier than 7:00 am, or later than 9:00 pm. Minors under the age of 16 are also only permitted to work no more than three hours per day on school days, and 23 hours per week on school weeks.
On non-school days minors under the age of 16 may work up to eight hours per day, and up to 48 hours per week on non-school weeks / vacations. The commissioner may lift these restrictions in certain cases regarding agricultural work.
For minors aged 16 and 17, employers may not schedule a minor enrolled in school for more than 35 hours during any predetermined designated work week during which school is in session for 5 days.
When school is not in session, or during vacation, minors aged 16 and 17 may work up to 48 hours in a single week. Employers are also not allowed to schedule minors aged 16 and 17 for more than 6 consecutive days. These restrictions do not apply to minors ages 16 or 17 who reside and work at a summer camp.
Employers should note that there are special restrictions for minors of any age working in manual or mechanical labor regarding hours worked and scheduling.
New Hampshire Youth Employment Certificate
For certain groups of minors, some form of documentation is required to employ them.
As stated earlier, an employer must obtain and maintain, on file, a signed written document from the youth's parent or legal guardian permitting the youth's employment in order to hire a minor aged 16 or 17, unless that minor has graduated from high school or obtained a GED.
For minors under the age of 16, a work certificate is required, unless the minor is working for their parents, grandparents, or guardian(s), or employed in casual work or farm labor.
Work certificates are issued by principals of schools or persons authorized by them, or by a parent or legal guardian. To do so, however, the minor must have achieved a satisfactory level of academic performance.
Certificates may be revoked if a minor falls out of a satisfactory level of academic performance.
These certificates must include a signature line for the parent or legal guardian of the minor, as well as a place to show proof of age and adequate health. Employers must ensure that they receive certificates within three business days of the first day of employment. Employers must also keep copies on file.
The fine for non-compliance regarding work certificates is a minimum civil penalty of $100.
Posting Requirements
Employers are required to ensure that a notice stating the hours of work, the time allowed for dinner or other meals, and the maximum number of hours any youth is permitted to work in any one day is posted and made available to all minor employees.
Penalties and Fines
Employers may be assessed civil penalties and worse in the event of non-compliance.
Civil penalties of up to $2,500 for each violation may be assessed. The commissioner considers the nature of the violation, the employer's history of violations, and the employer's good faith when determining the size of the fine.
Additionally, whoever employs a youth or permits them to work in violation of state child labor laws, as well as the parent, grandparent, or guardian who allowed the minor to work, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Managing Minor Workers in New Hampshire
If your business is looking to hire or already employs workers under the age of 18, then you need to ensure compliance with these laws.
Child labor laws can carry some of the biggest and most impactful penalties and fines for violations and can be among the most complex and difficult to navigate.
New Hampshire businesses that are struggling with child labor laws should look to a New Hampshire payroll and HR company for assistance.
To get connected with a provider in New Hampshire, contact us today.
Guest Author: Matt Gatsas
Matt serves as the Vice President of Trivantus, New Hampshire payroll services company providing personalized service that has lead to having been voted Best Payroll Service Company by New Hampshire Business Review for many consecutive years, and more recently, earning a spot in the ranks of Inc. 5000 as one of America's fastest growing companies. Matt spends most of his time overseeing and managing the financial functions at Trivantus. Matt graduated from Babson College with a degree in Investments and is a resident of Bedford, NH where he lives with his wife Celia and two children Calla and Matthew. A big sports fan that loves to play golf, Matt has a deep love for horse racing, helping to manage his family's Thoroughbred horse racing partnership business, Sovereign Stable, Inc, and regularly attending races.
