1. March 18, 2013
Presentation
Colorado Youth
Law
By
Mark Kochman
Compliance Officer/Youth Employment Specialist
Colorado Dept. of Labor & Employment
Division of Labor
2. Dual Jurisdiction
lora
• Federal and State - whichever sets the
higher standard or provides greater
protection to the employee would prevail
• Where state standards apply
• Detail regarding Colorado Youth Law
2
3. Minimum Wage
• State minimum wage is higher than at the federal level
• 2013 Rate is $7.78 per hour
• The minimum wage for tipped employees, is $4.76 per hour
• Those standards are contained within Colorado Minimum Wage
Order 29 which covers four industries—
1) Retail and Service
2) Commercial Support Service
3) Food and Beverage
4) Health and Medical
• The Wage Order permits unemancipated minors, basically those
under the age of 18 and living at home with their parents, to be paid
15 percent below the regular minimum wage which this year
amounts to $6.61 per hour
3
4. Colorado Youth Law
• Officially known as the Colorado Youth Employment Opportunity Act
of 1971
• Regulates the employment of minors in Colorado
• A minor is defined as “any person under the age of 18, except a
person who has received a high school diploma or a passing score
on the General Education Development or GED examination.”
• Exemptions include:
Schoolwork and supervised educational activities
home chores; work done for a parent or guardian except where the
parent or guardian receives payment for the work
and newspaper carriers
4
5. Work Hour Limitations
Work hour limitations under Colorado Youth Law that
differ from the federal standard:
• Employers in our state are not allowed to work a minor more
than 40 hours in a week or more than eight hours in a 24-hour
period
• No minor under the age of 16 is permitted to work between
9:30 pm and 5:00 am unless the next day is not a school day
(except babysitters)
• Exceptions to this are minors who work as actors, models or
performers. These types of occupations are also exempt from
Colorado Youth Law regarding the age-related restrictions for
specified jobs that can be done by minors under the age of 514.
5
6. Work Permit
• Work Permits are NOT required by Colorado law
• If an employer wants to see proof of the age of a minor employee or
prospective employee, that employer may require the minor to provide an
age certificate. The minor may ask for an age certificate through the school
superintendent of the district or county where he or she lives
• If the minor attends an independent or parochial school, age certificates
may be issued through the superintendent, principal or headmaster
• Documents that can be used to verify a minor’s age may include a birth
certificate, baptismal certificate or passport
• A minor 14 or 15 years of age who wants to work on school days during
school hours has to have a SCHOOL RELEASE PERMIT. That permit
must be signed by the school district superintendent or another person
designated to act on that person’s behalf
6
6
7. Age Restrictions
Ages 9 to 13
• Colorado Youth Law permits minors as young as the age of NINE to be
employed in a limited number of occupations. They include:
delivery of handbills and advertising
shoe shining
gardening and care of laws involving no power-driven lawn equipment
cleaning of walks, again involving no power-driven snow-removal
equipment
casual work usual to the home of the employer and not specifically
prohibited
caddying on golf courses
• Occupations permitted at the age of 12 are all those listed above PLUS:
sale and delivery of periodicals
baby-sitting
non-hazardous agricultural work
• Colorado also cites occupations permissible for minors aged 14 and older.
It’s very similar to the USDOL’s list for 14- and 15-year-olds at the federal
level, which may be more exhaustive than Colorado’s. 7
7
8. Permissible Jobs—14 & Above
• Office & Clerical
• Retail Food Service
• Retail Stores
• Gasoline Service
• Restaurants, Hotels & Motels
• Parks & Recreation
• Janitorial & Custodial
• Construction & Manufac.—non-hazardous
8
9. Age Restrictions
16 Years Old and Older
• At age 16 in Colorado, a minor can work in any of the occupations
permissible for someone younger along with driving a vehicle if the person
has a valid driver’s license
• As is the case at the federal level, there are a number of occupations that
are considered hazardous and therefore prohibited for any minor. Some of
the more prominent ones include:
Operation of a high-pressure steam boiler or high-temperature water boiler
work that primarily involves the risk of falling from any elevated place
operation of power-driven machinery such as those dealing with
woodworking
metal-forming, punching or shearing
machines used in a bakery
paper products machines, automatic pin-setters and power food slicers
and grinders
• Other prohibited occupations include wrecking and demolition, excavation
and roofing
9
9
10. Exemptions Granted
• The Division of Labor may grant exemptions from some provisions
of Colorado Youth Law. These would deal mainly with working hours
or duties to be performed by a particular minor
• The exemptions can be requested by an employer, school official,
youth employment specialist, the minor’s parents or guardian or the
particular minor involved
• Exemption requests are evaluated on a case-by-case basis and are
granted or denied according to what is believed to be in the best
interests of the minor. Factors considered in this process include
the young person’s previous training and safety concerns
• The final decision on exemptions is made by Colorado’s Division
Director, Mike McArdle
10
10
11. Restrictions
When Alcohol is Sold or Served
• A person under the age of 18 is allowed to handle or stock
3.2 beer if employed by a 3.2 beer licensee and under the
supervision of a person who is at least 18 years of age and
on the premises
• A person of any age, in compliance with Colorado Youth
Law, may bus tables or handle empty alcohol beverage
containers
• For more information on the sale and serving of alcoholic
beverages, contact the state Department of Revenue’s
Liquor/Tobacco Enforcement Division at (303)205-2306
11
11
11
12. March 18, 2013
Questions ???
For further information on Colorado Youth Law, please
contact the Division of Labor or visit our web site at
www.coloradolaborlaw.gov
Mark Kochman
Compliance Officer/Youth Employment Specialist
(303)318-8445
Colorado Department of Labor and
Employment
Division of Labor
12