Utilities Section
Newsletter League of Nebraska Municipalities
January 2025
Summer employment of teenagers By Lash Chaffin, Utilities Section Director Many Nebraska municipalities have a long-standing tradition of hiring local teens under the age of 18 during the summer to perform a number of jobs. However, some Nebraska municipalities have run afoul of federal labor laws, so it is important to know what job duties are permissible for a teenager. The regulation that often frustrates municipalities is driving by 16-yearolds. The Fair Labor Standards Act is very clear that employees 16 years of age and under MAY NOT DRIVE motor vehicles on public roads as part of their jobs – even if they possess a valid state driver’s license. This restriction includes all types of vehicles such as ATVs, UTVs, etc. More details on 17-year-old drivers later in this article. In general, the Fair Labor Standards Act distinguishes 14- and 15-year-olds from 16- and 17-yearolds but the major effects on a typical Nebraska municipality are outlined below. Mowing 17-year-olds can operate a mower, weed-whacker, etc., but can only transport the mower from job site to job site under the following conditions: • The driving is limited to daylight hours; • The 17-year-old holds a state license valid for the type of driving involved in the job performed; 206 S 13th Street, Suite 800 Lincoln, NE 68508 (402) 476-2829 Fax (402) 476-7052
• The 17-year-old has successfully completed a state-approved driver education course and has no record of any moving violations at the time of hire; • The automobile or truck does not exceed 6,000 pounds gross vehicle weight; • The automobile or truck is equipped with a seat belt for the driver and any passengers, and the employer has instructed the youth that the seat belts must be used when driving the vehicle; and • The driving is only occasional and incidental to the 17-yearold's employment. This means that the youth may spend no more than one-third of his or her workday and no more than 20 percent of his or her work time in any workweek driving. 16-year-olds can operate the mower, weed-whacker, etc, but cannot transport the mower from job site to job site if such transport involves the operation of a motor vehicle including ATVs, UTVs, and similar vehicles. All 14- and 15-year-olds are prohibited from operating powerdriven lawn mowers. Swimming Pools The Fair Labor Standards Act permits the employment of 15-, 16- and 17-year-olds as lifeguards
at traditional swimming pools and water amusement parks when such youth have been trained and certified by the American Red Cross, or a similar certifying organization, in aquatics and water safety. The federal child labor provisions require that a 15-year-old must acquire additional certification if he or she is to be employed as a swim instructor. A traditional swimming pool means a water-tight structure of concrete, masonry, or other approved materials located either indoors or outdoors, used for bathing or swimming and filled with a filtered and disinfected water supply, together with buildings, appurtenances and equipment used in connection therewith. A water amusement park means an establishment that not only encompasses the features of a traditional swimming pool, but also may include such additional attractions such as wave pools; lazy rivers; specialized activities areas such as baby pools, waterfalls, and sprinklers; and elevated water slides. Properly certified 15-yearContinued on page 2 Lash Chaffin Utilities Section Director Jackson Sash Utilities Field Representative