Kid work at a restaurant not meet minimum age

[shawnusa]

What is the name of your state (only U.S. law)? Mass

Hi,

Sorry was asked the wrong question and in the wrong place.

Kid worked at a restaurant not meet minimum age(did not know at that time), what to do if the kid get paid and also paid Social Security and Medicare on the pay check?

Thanks.

Shawn

 

[LdiJ]

What is the name of your state (only U.S. law)? Mass

Hi,

Sorry was asked the wrong question and in the wrong place.

Kid worked at a restaurant not meet minimum age(did not know at that time), what to do if the kid get paid and also paid Social Security and Medicare on the pay check?

Thanks.

Shawn

If the kid was the kid of one of the owners of the restaurant, then that is permissible. If the kid was someone hired at random, then all you can do is hope that it does not get noticed.

 

[FlyingRon]

If the kid was the kid of one of the owners of the restaurant, then that is permissible. If the kid was someone hired at random, then all you can do is hope that it does not get noticed.

Nope, the "child of owners" exception only applies to farms, not to restaurants.

 

[LdiJ]

Nope, the "child of owners" exception only applies to farms, not to restaurants.

Sorry, but that is not true Ron. It doesn't matter what kind of business it is. Children are allowed to work in the family business.

 

[shawnusa]

Thanks all for your response. It is not a family business. Does the kid get trouble or the employer?

 

[single317dad]

http://www.dol.gov/elaws/esa/flsa/cl/exemptions.asp

The Fair Labor Standards Act provides for certain exemptions. Youth younger than 16 years of age working in nonagricultural employment in a business solely owned by their parents or by persons standing in place of their parents, may work any time of day and for any number of hours. However, parents are prohibited from employing their child in manufacturing or mining or in any of the occupations declared hazardous by the Secretary of Labor.
In addition, the child labor rules do not apply to:
Youth employed as actors or performers in motion pictures, theatrical, radio, or television productions;
Youth engaged in the delivery of newspapers to consumers; and
Youth working at home in the making of wreaths composed of natural holly, pine, cedar, or other evergreens (including the harvesting of the evergreens).

Agriculture is a separate exemption.

Youth of any age may be employed at any time, in any occupation in agriculture on a farm owned or operated by their parent or person standing in place of their parent.

Edit: Above response moot per OP's comment.

http://www.dol.gov/whd/regs/compliance/whdfs58.pdf

https://www.law.cornell.edu/uscode/text/29/212

Violation is a federal misdemeanor, with up to 6 months in prison upon a second offense.

http://www.mass.gov/lwd/labor-standards/dls/youth-employment/summary-of-massachusetts-laws-regulating.html

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149

Sections 60 to 78 of the above link are relevant.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section78

Under MA state law, the penalty is a fine of $500-5000 and up to one month in prison, with each day being a separate offense.

MA law appears to be stricter than federal as relates to family businesses.

 

[cbg]

Shawn, what is your goal here?

Is it the kid or the employer that you are trying to get in trouble (or keep out of trouble)?

 

[LdiJ]

Thanks all for your response. It is not a family business. Does the kid get trouble or the employer?

How long did the child work there before the owner discovered that the child was not old enough to work there?

 

[shawnusa]

Shawn, what is your goal here?

Is it the kid or the employer that you are trying to get in trouble (or keep out of trouble)?

Want the kid keep out of trouble. The employer did not ask for age and I did not know there is a minimum age. Thanks!

 

[shawnusa]

How long did the child work there before the owner discovered that the child was not old enough to work there?

A few weeks. The child get paid by check and with Social Security and Medicare withholding. Thanks!

 

[cbg]

Well, probably no one will get in trouble, if the situation even comes to the attention of the authorities. The employer may get their wrist slapped lightly and told to be more careful screening next time, and the kid will be sent home and told to come back when he or she reaches an appropriate age, but that's likely all.

 

[shawnusa]

Well, probably no one will get in trouble, if the situation even comes to the attention of the authorities. The employer may get their wrist slapped lightly and told to be more careful screening next time, and the kid will be sent home and told to come back when he or she reaches an appropriate age, but that's likely all.

Thanks! I do not want the kid to get in trouble because of that. When the tax time comes, I have to deal with the W2 and report the income. Hope that is not get me in trouble too.

 

[LdiJ]

Thanks! I do not want the kid to get in trouble because of that. When the tax time comes, I have to deal with the W2 and report the income. Hope that is not get me in trouble too.

A few weeks of income is unlikely to trigger a requirement to file a tax return...particularly if it was part time employment. However the IRS does not police that issue nor do they share information with other government agencies.

 

[shawnusa]

A few weeks of income is unlikely to trigger a requirement to file a tax return...particularly if it was part time employment. However the IRS does not police that issue nor do they share information with other government agencies.

Thanks!!! I am feel better now, lesson learned, I will make sure the kid back to work when meet the age requirement even the employer not check for that.

 

[Just Blue]

Sorry, but that is not true Ron. It doesn't matter what kind of business it is. Children are allowed to work in the family business.

Really...Are you sure this is true in Massachusetts?