School is out and many minors are looking for summer jobs. Employers should be aware that special rules apply when employing a minor (any person less 18 years of age). For example, a minor may not be employed unless the employer or another employee 18 years of age or older provides supervision. Supervision means being on the premises to direct and control the work of minors and to assist in case of an emergency. Generally this requires the supervisor to be within sight and sound of the minor. Even a very mature seventeen year old cannot be allowed to work without adult supervision.
Failure to properly supervise a minor in the workplace is a violation of both the Michigan Youth Employment Act and the Health and Safety (MIOSHA) standards. A violation of the Michigan Youth Employment Act is a misdemeanor and punishable by imprisonment of not more than 1 year or a fine of not more than $500.00 or both.
Serious penalties also apply for employing minors in occupations involving cash transactions after sunset or 8:00 p.m., whichever is earlier, without the required supervision. A violation of this particular provision of the Michigan Youth Employment Act is a misdemeanor and punishable by imprisonment of not more than 1 year, or a fine of $2,000 or both. Repeated violations may lead to imprisonment for up to 10 years and a fine of not more than $10,000, or both.
This violation of the law could also possibly lead to civil liability if a minor were injured as a result of the lack of supervision.
This article was written by Natalie C. Najarian, Associate at Demorest Law Firm. Click here to view her professional resume.
