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Frequently Asked Questions
about Student Work Experiences
This information is provided for educational purposes
and is not intended as legal advice. Please refer to state and federal
departments of labor for complete information.
When is approval
needed?
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PAID WORK |
UNPAID WORK |
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- Whenever a student under the
age of 16 is being paid as an employee, that student needs a certificate
to work.
- Students age 16 and 17 need written
parental permission on file with the employer.
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| DURING
SCHOOL HOURS |
- Students under age 16 are not
permitted to work during school hours.
- Parent permission required for
16 & 17 year-olds.
- School should have an expectations
agreement signed by school representative, student, parent, employer.
- DOL approval not needed if work
is not hazardous and employer is in compliance with FLSA, NH minimum
wage laws, Workers Compensation and Unemployment Compensation
laws.
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- For students 18 year old or younger,
DOL approval is needed for each program, not for each specific
student.
- Approval is needed BEFORE the
student starts the work activity.
- Use the "DOL Approval Form
for Non-paid Work Based Activities".
- Schools must pre-screen a business
or organization by submitting the "Format for Submitting Business
Partner Names for Pre-Screening by DOL" first. Business approval
is only good for one year. (It must be re-approved if previous
approval has expired or will expire while the student is completing
the activity. A list of pre-approved businesses is at the NHDOL
website www.state.nh.us/dol
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| AFTER
SCHOOL HOURS |
- For students receiving school
credit, employer must meet all applicable child labor laws; DOL
approval not needed if work is not hazardous and employer is in
compliance with FLSA, NH minimum wage laws, Workers Compensation
and Unemployment Compensation laws.
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- For students receiving school
credit, the same approval is required as for unpaid work during
school hours. See above
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See also: RSA
279:22-aa and New Hampshire
Administrative Rules Chapter
LAB 805.03 Application Evaluated
When can students work
in hazardous occupations or use hazardous equipment?
- Students between the
ages of 16 and 18 who are in an apprenticeship, vocational rehabilitation
program, or other training program APPROVED by the DOL Commissioner
may be employed or permitted to work in certain hazardous occupations.
- If students in a NH
Department of Education approved building trades program perform practical
work activities OFF the school site, the school must submit a
Form BC-1 and BC-2 for approval to NH DOE and NH DOL.
How much school credit
can be awarded students for their co-op or internship experiences?
- This is a local school
board decision.
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