Teenagers in Ohio could be permitted to work until 9:00 p.m. on a school night if a bipartisan bill progressing through the Statehouse passes.
Senate Bill (SB) 251, sponsored by State Senators Tim Schaffer (R-Lancaster) and Tina Maharath (D-Columbus), aims to allow kids as young as 14 to work late during the school year if their parents give permission, to help with “staffing problems.”
According to the Ohio Department of Commerce, current Ohio law prohibits kids under 16 to work past 7:00 p.m.
“Doing so will help employers across Ohio and our country with their staffing problems. And I want to be clear that this legislation reinforces the guardrails protecting 14- and 15-year-olds that are already in Ohio law,” Schaffer said.
The legislation states that Ohioans under the age of 16 are prohibited from working between the hours of 9:00 p.m. and 7:00 a.m. They also cannot work more than three hours on a school day and no more than 18 hours on a school week.
SB 251 would change the language that currently allows students to work past 7:00 p.m. between “June 1st and September 1st or during any school holiday of five school days or more” to all year with parental permission.
The Ohio Restaurant Association said the time extension is reasonable for younger employees.
“While a limit is appropriate for younger workers, we believe that 9:00 p.m. is reasonable,” Ohio Restaurant Association Director of Government Affairs Tod Bowen said during his testimony for the bill last year.
According to John Barker, president and CEO of the Ohio Restaurant Association, more than 90 percent of restaurants in Ohio are operating with a severe employee shortage and the time extension could help address that shortage.
“Many restaurants today are currently forced to close on certain days due to lack of employees and close by 7:00 p.m. even when customer demand is still strong,” Barker said.
SB 251 unanimously passed in the State Senate Tuesday afternoon, and no one came to testify in opposition to the bill. The only objection raised by lawmakers was that in the future, perhaps grade point average could become a determining factor for eligibility to work.
“Anytime we can provide assistance to get our kids to understand and learn responsibility is a good day,” State Senator Nickie Antonio (D-Lakewood) said.
According to the U.S. Department of Labor, 13 states allow 14 and 15-year-olds to work these additional hours.
The legislation only exempted businesses from the Fair Labor Standards Act (FLSA). The FLSA states that kids between the ages of 14-16 years old can only work past 7:00 p.m. during the summer, and it applies to enterprises with an annual gross volume of sales above $500,000 or those engaged in interstate commerce.
According to the Ohio Legislative Services Commission‘s nonpartisan analysis of SB 251, “If an employer is subject to both the FLSA and a state law, whichever law is more protective of the minor prevails.”
The Ohio House will now take SB 251 under their consideration.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected].
Whatever it takes to pay minimum wage….