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The federal DOL overtime regulations go into effect this year. Are you ready?

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February 27, 2010
Attorneys Discuss Employment of Minors

In a BLR webinar entitled "Wage & Hour Risks in 2010: Preventing the Most Common (and Costly) Wage & Hour Mistakes," attorneys Mark E. Tabakman and Thomas C. Wigand discussed issues surrounding the employment of minors. The attorneys made note of how it is an employer’s responsibility for verifying the age of minor employees.

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Federal and state laws regulate the employment of minors at varying age ranges. Therefore, organizations should check in particular the laws of the states in which they operate to ensure that they are in compliance with these rules.

Employers are responsible for verifying the age of their minor employees. Age certificates do not give employers authority to violate any child labor laws. Employers must determine the minor's age and set his or her job duties and work schedules accordingly and carefully. They must file the minor employee's age certificate, keeping it for as long as the minor is employed.

Mark E. Tabakman, Esq., is a partner in the nationwide law firm Fox Rothschild, LLP. He can be contacted by e-mail at

Thomas C. Wigand, SPHR, Esq., is the founder of Wigand Associates LLP, an employment advisory consulting practice based in Middletown, Rhode Island. He can be contracted by visiting

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