Change in Law For a Youth Working at Night

Employers need to be mindful of a New Hampshire law that took effect on July 14, 2019 regarding youth employment and working nights.  Under the new law, RSA 276-A:13, “no youth who works more than 2 nights in a week past 8 o’clock p.m. or before 6 o’clock a.m. shall be permitted to work more than 8 hours in any shift during that particular week.”  Youth is defined as 16 and 17 years old.  Thus, employers need to be careful that 16 and 17-year-olds only work 8 hours in any week period when working between the hours of 8 pm and 6 am.

The old law stated that “no youth shall be employed or permitted to work at night work more than 8 hours in any 24 hours nor more than 48 hours during the week. If any youth is employed or permitted to work more than 2 nights each week, for any time between the hours of 8 o’clock p.m. and 6 o’clock a.m. of the day following, such employment shall be considered night work.” Thus, this older law allowed up to 48 hours of youth work at night per week.

The new is more restrictive and employers need to ensure that they are in compliance if they have workers who are under the age of 18.  If you have any questions, please contact an attorney at Orr & Reno.

About the Author: Jennifer Eber

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