In order to ensure the University of Florida complies with federal and state child labor laws, department hiring authorities must complete the UF Child Labor Law Certification for Employees under 18 form prior to hiring a minor (anyone under age 18).
This form requires the approval and signature of the hiring authority, and dean, director or vice president. Please remember to include this document with any OPS or salaried appointment papers that are forwarded to Human Resource Services for processing.
The Fair Labor Standards Act (FLSA) sets wages, hours worked, and safety requirements for minors (individuals under 18) working in jobs covered by this statute. The regulations vary depending upon the particular job involved. As a general regulation, the FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours worked by minors under the age of 16.
Also, the FLSA generally prohibits the employment of a minor in work declared hazardous by the Secretary of Labor (for example, work involving excavation, driving, and the operation of many types of power-driven equipment). For a list of prohibited duties for a minor, please go to State of Florida website at http://www.myfloridalicense.com/dbpr/reg/childlabor/ChildLaborProhibit.html
The State of Florida sets the following restrictions on employment:
When School is in Session
Florida law states that on a school day, minors under 16 may work no more than THREE (3) hours when school is scheduled for the following day and up to EIGHT (8) hours on other days when school does not follow. For minors 16 and 17, the allowable hours are: 30 hours per week when school is in session; eight hours per day between 6:30 a.m. and 11 p.m. if school is scheduled the following day.
When School is Not in SessionFlorida law allows minors 14 and 15 to work EIGHT (8) hours per day between 7 a.m. and 9 p.m. on days when there isn’t school the next day and up to FORTY (40) per week on non-school weeks and during summer vacation. For minors 16 and 17 there are no limitations on hours worked when school is not scheduled the following day, during holidays, and summer vacations.
Minors are NOT permitted to work during normal school hours unless they are enrolled in a school-to-work experience program, career education, or other program declared exempt by the state, or have received a partial waiver.
All departments must comply with the provision of the U.S. Department of Labor, Wage, and Hour Division and the Florida Child Labor Law, which is administered by the Florida Department of Labor and Employment Security. Please visit these links for the most recent information.
Minors may work no more than 4 consecutive hours without a 30-minute uninterrupted break.
Departments located outside of the immediate Gainesville must follow the same recruitment procedures as on campus departments.
Disabled applicants or employees may advise Recruitment & Staffing of their specific disability so that accommodations can be provided where reasonable and appropriate.
Former employees who had satisfactory work records while at the University of Florida (meaning they were recommended for rehire by the last university employer) and have had satisfactory work records from subsequent employers may reapply for employment at UF after 180 days from their date of termination with the university.
Former employees who are eligible for re-employment as described above must reapply through Recruitment and Staffing in the same manner as a new applicant. All new employees hired into benefits-eligible positions will be classified as TEAMS employees.
Former employees who resigned in lieu of termination or who were terminated because of unsatisfactory performance, job abandonment, or misconduct are not eligible for re-employment consideration.
Prior to hiring a UF and or state retirees, please click here for additional information.
The University of Florida is committed to a policy of employment and advancement on qualifications and merit and does not discriminate in favor of or in opposition to the employment of relatives. UF Regulation 1.009, Employment of Relatives, specifically prohibits the appointment of relatives or persons living in the same household to any position where a direct or indirect supervisory relationship would exist between relatives or would create a perceived or actual conflict of interest. This includes, but is not limited to appointment, compensation, assignment of work, evaluation, grants administration and sponsored research projects, and financial authority or transactions.
A department chair, center director, or other unit supervisor whose unit includes relatives must take special measures to avoid any conflict of interest or even the appearance of conflict of interest. This is due to the fact that any privilege given to a relative – whether a pay raise, a nomination for a prize, or a favorable assignment or schedule – can be interpreted as a result of supervisor bias, no matter how meritorious the relative may be. Any perception of bias will damage the supervisor’s or employee’s credibility and have a negative effect on unit morale. In addition, faculty members, staff, or students who have conflicts with any of these officers, or complaints about their actions or comportment, must have access to an unbiased supervisor. In order to avoid these situations, supervisors should follow the guidelines below.
As defined in UF Regulation 1.009, a relative is defined as individual who is related to the supervisory employee, the supervisory employee’s spouse, or the supervisory employee’s domestic partner as father, mother, son, daughter, grandson, granddaughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, domestic partner, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, step-grandson, step-granddaughter, stepbrother, stepsister, half-brother, or half-sister, or a person living in the same household as the supervisory employee.
The University reserves the right to refuse the appointment of a relative in the same department, division, or college wherein his/her relationship to another employee has the potential for creating adverse impact on supervision, security, morale, or conflict of interest. In cases where a familial relationship is formed after initial employment, the new status must be reported and addressed by a mitigation plan. The “Employment of Relatives” form along with an organizational chart must be submitted and approved prior to hiring any relative of a current UF employee, or if a relationship is created, within the same work unit. When considering the employment of relatives, the supervisor should consider:
Relatives may not be appointed to positions such as associate chair, chair of the tenure and promotion committee, graduate coordinator, or undergraduate coordinator without recusing themselves from participation in evaluation of a relative.
Relatives may not assign one another. Such things as work assignments, or course assignments, must be determined by someone other than a relative, in consultation with appropriate departmental or unit officers and committees, without input from the relative.
A supervisor or any other employee may not play any role in the evaluation of any relative. This includes but is not limited to:
- peer evaluations of teaching
- annual letters of evaluation
- recommendations for merit pay raises, for which the dean or next level supervisor will have authority, acting on input from any merit pay committee
- nominations for college or University prizes or distinctions, and ranking of applications for sabbatical or travel awards
- awarding of departmental or unit funds for any purpose (travel, research, conference support, etc.)
- annual staff evaluations; and/or tenure, permanent status, and promotion assessments
Family members working on the same grant raises special concerns. Supervision of the work itself falls under the same requirements as for assignments and evaluations above. Oversight of the grant itself, and research compliance, may require an additional reporting line to the college and additional oversight by the Office of Research.
Include information on the duration of the appointments. For example, permanent, grant-specific, summer employment, OPS temporary, specific end date, etc.
Financial Responsibility and Risks
Neither employee should have financial authority over the other or be responsible for processing financial transactions in the department or work unit.