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2.2: Age Limitations

SCOPE: FACULTY AND STAFF

Issued: 4/1/00

Revised: 1/01/07

  1. Policy: It is the policy of ËÄ»¢Ó°ÊÓ that no person shall be denied the right to work solely because of age.1 ËÄ»¢Ó°ÊÓ will conform to Federal regulations and restrictions regarding the employment and work of minors,2 and the Federal and State nondiscrimination regulations regarding the employment of persons over 40 years of age.3
  2.  Minors 14 or 15 Years Old: Under Federal law, a minor younger than 14 years may not be employed. A minor who is 14 or 15 years old may be employed in any occupation except those declared hazardous by the Secretary of Labor, such as driver or helper on a motor vehicle. He or she may not be employed during school hours; only between 7:00 A.M. and 7:00 P.M.; no more than 3 hours a day on school days; no more than 18 hours a week during school weeks; no more than 8 hours a day on non-school days; or no more than 40 hours a week during non-school weeks.4
  3. Minors 16 or 17 Years Old: Minors who are 16 or 17 years old may be employed during school hours for any number of hours and during any period of time, except in occupations that have been declared hazardous by the Secretary of Labor.5
  4. Employee Retirement: There is no mandatory retirement age except for those occupations which have limitations established by law.6
  5. Age Discrimination: Federal law prohibits age discrimination against persons over 40 years of age. These individuals are protected from age discrimination in hiring, discharge, leave, compensation, promotions, retirement, and all other areas of employment.
  6. Enforcement Responsibility: The Associate Vice President for Human Resources will ascertain that all staff personnel transactions comply with this policy. The Provost and Vice President for Academic Affairs will make this determination for faculty. Questions concerning State, Federal, and University regulations on age limitations or "hazardous occupations" should be referred to the Office of Human Resources.

References:

  1. Texas Labor Code Ann. §21.051
  2. Fair Labor Standards Act, Child Labor Provisions
  3. Age Discrimination in Employment Act, 1967
  4. Fair Labor Standards Act, Child Labor Provisions
  5. Ibid
  6. Age Discrimination in Employment Act, 1967