Q: What rules apply when hiring youth to perform work for our ministry?

A: Be sure to follow the Fair Labor Standards Act, avoid hazardous activities, follow minimum wage requirements, and maintain appropriate work records

Hiring young people to work at church can be a great way to involve them in your ministry. The important thing to remember when hiring anyone under the age of 18 is that the rules that apply to employment of young people in jobs at the mall, a fast food restaurant, or any other public venue generally apply to your church as well.

Follow the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) sets the rules for employing minors. In general, 16 and 17 year-olds have fewer hour restrictions than those 14 and 15 years old. Based on FLSA restrictions, the youngest age that a child could be considered for employment by a ministry would likely be 14. These young people can only work a limited number of hours each week.

The important thing to remember when hiring anyone under the age of 18 is that the rules that apply to employment of young people in jobs at the mall, a fast food restaurant, or any other public venue generally apply to your church as well.

Avoid Hazardous Activities

Regardless of age, teens under the age of 18 are not permitted to perform hazardous jobs of any kind. Based on Department of Labor restrictions, the following jobs should be avoided:

• Operating motorized vehicles (though there’s an exception for incidental driving by employees who are at least 17 years old);
• Operating heavy machinery and power-driven equipment;
• Operating circular saws and other powered cutting devices;
• Working on roof operations; and
• Working on a ladder or scaffold over 20 feet high.

Younger teens (age 15 and under) are also prohibited from the following:

• Construction or repair jobs;
• Baking/cooking activities; and
• Operating lawn mowers and other lawn equipment.

Follow Minimum Wage Requirements

Minors who work for a ministry are subject to the same labor law requirements that apply to adults. The FLSA requires that minors be paid at least minimum wage for any work they perform for an employer. In addition, when paid on an hourly basis, minors who work more than 40 hours per week must be paid at time and a half, just like adults.

Maintain Appropriate Records

Some states require work permits to be issued before a minor can be hired. Although the FLSA does not specifically require such permits, it does require that employers maintain other types of records. These records should be kept on file for at least three years and are subject to inspection. You’ll also need to comply with all local and state regulations. Check with a local attorney on the employment rules specific for minors in your area.

For more information on this topic, see "Hiring Minors for Ministry Work."

*Important information: Brotherhood Mutual is pleased to provide Legal Assist as a complimentary resource. The services we offer through Legal Assist are intended to provide general legal information to our current and prospective policyholders.

The information we provide is intended to be helpful, but it does not constitute legal advice and is not a substitute for the advice from a licensed attorney in your area. Accordingly, no attorney/client relationship is created through this process, and no legal advice will be provided. We strongly encourage you to regularly consult with a local attorney as part of your risk management program.