New Florida Bill Eases Work-Hour Limits for Older Teenagers

Saul Ewing LLP

Saul Ewing LLP

On March 22, 2024, Governor DeSantis signed a Bill that allows Florida teens 16 and 17 years of age to work longer hours.  The bill goes into effect July 1, 2024, about a month before many academic years start in Florida.  The Bill maintains a 30-hour work week limit for 16- and 17-year-olds when school is in session, but allows parents, guardians, or school superintendents to waive the 30-hour limit.

The Bill (found here) sets forth the following rules:

Minors 15 years of age or younger may not be employed:

  • Before 7 am or after 7 pm when school is scheduled the next day;
  • For more than 15 hours in any one week when school is in session;
  •  For more than three hours on any school day, unless there is no school the following day;
  • Before 7 am or after 9 pm, for more than eight hours in any one day, or for more than 40 hours in any one week during holidays and summer vacations;
  • For more than six consecutive days in any one week; or
  • For more than four hours continuously without a 30-minute meal break.

Minors 16 and 17 years of age may not be employed:

  • Before 5:30 am or after 12 am when school is scheduled the next day;
  • For more than eight hours in any one day when school is scheduled the next day, except when the day or work is on a holiday or Sunday;
  • For more than 30 hours in any one week when school is in session; or
  • During school hours (unless enrolled in a career education program).

The restrictions set forth above do not apply to:

  • 16- or 17-year-olds who have graduated from high school or received a high school equivalency diploma;
  • Minors who are within the compulsory school attendance age limit and who hold a valid certificate of exemption issued by the school superintendent;
  • Minors enrolled in an educational institution who qualify on a hardship basis, such as economic necessity or family emergency. The school superintendent shall make such determination and issue a waiver of hours to the minor and employer;
  • 16- or 17-year-olds who are in a home education program or are enrolled in an approved virtual instruction program in which the minor is separated from the teacher by time only; or
  • Minors in domestic service in private homes, employed by their parents, or pages in the Florida Legislature.

The Department of Business and Professional Regulation may grant a waiver of the restrictions set forth in the Bill.

An employer who requires, schedules, or otherwise causes a minor to be employed in violation of the Bill is exposed to statutory penalties not to exceed $2,500 per offense.  Each day during which any violation continues shall constitute a separate and distinct offense, and the employment of any minor in violation of the law shall, with respect to each minor so employed, constitute a separate and distinct offense.  Before fines can be assessed, the Department is required to give written notice of the alleged violation, the facts alleged to constitute such violation, and requirements for remedial action.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Saul Ewing LLP | Attorney Advertising

Written by:

Saul Ewing LLP

Saul Ewing LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide