Insight

Employing Minors in Construction

House Bill 33 (establishing the state budget for 2023-25) permits minors to work on construction sites in certain limited situations.

Sonja Rice

Sonja C. Rice

September 18, 2023 03:19 PM

Are you a contractor that would like to employ 16 or 17-year-olds (“minors”)? House Bill 33 (establishing the state budget for 2023-25) permits minors to work on construction sites in certain limited situations.

Note! There is nothing in the new law that requires contractors to hire minors – or to engage subcontractors who hire minors – to work on construction sites; the bill only prohibits the Director of Commerce from passing any rule that would prohibit minors from working on construction sites in certain situations. Owners and contractors that do not wish to have minors on the jobsite should explicitly state their desires in the contract/subcontract.

Employer Responsibilities
What does the new law mean to those who wish to employ minors on construction sites? Legally, minors can be employed on certain construction sites if they meet certain criteria relating to
(1) Age requirement
(2) Enrolment in a mentoring program in compliance with Ohio’s labor laws
(3) Compliance with the Fair Labor Standards Act (“FLSA”)

First, minors may be employed on construction sites provided they are at least 16 years old.

Second, minors may be employed on construction sites so long as they are employed under the Ohio construction mentorship program. Among other requirements, the program requires the employment duration be defined, a mentor be assigned to the minor, and the minor be given specific training.

Third, minors may be employed on construction sites so long as they are performing tasks that either (a) are permissible under the FLSA, or (b) fall into an exemption. For the minor to qualify for the exemption they must be enrolled in an approved program.

For example, listed below are two jobs the Department of Labor has deemed to be dangerous and has prohibited minors from performing under the FLSA. However, a minor may perform these tasks if the minor falls into an exemption by virtue of being either a student-learner or apprentice, including being employed under the Ohio construction mentorship program.

(1) Roofing operations and work performed on or about a roof—bans most jobs in roofing operations, including work performed on the ground and removal of the old roof, and all work on or about a roof.
(2) Trenching and excavation operations—bans most jobs in trenching and excavation work, including working in a trench more than four feet deep.

A company’s employment of minors through the Ohio construction mentorship program creates an opportunity to boost minors’ interest in construction and train the next generation of skilled labor. To determine if your policies are in compliance with the new law, please reach out to Hahn Loeser & Parks LLP.

Trending Articles

2026 Best Lawyers Awards: Recognizing Legal Talent Across the United States


by Jamilla Tabbara

The 2026 editions highlight the top 5% of U.S. attorneys, showcase emerging practice areas and reveal trends shaping the nation’s legal profession.

Map of the United States represented in The Best Lawyers in America 2026 awards

Gun Rights for Convicted Felons? The DOJ Says It's Time.


by Bryan Driscoll

It's more than an administrative reopening of a long-dormant issue; it's a test of how the law reconciles the right to bear arms with protecting the public.

Firearms application behind jail bars

2026 Best Lawyers Awards in Canada: Marking 20 Years of Excellence


by Jamilla Tabbara

Honoring Canada’s most respected lawyers and spotlighting the next generation shaping the future of law.

Shining Canadian map marking the 2026 Best Lawyers awards coverage

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

How to Sue for Defamation: Costs, Process and What to Expect


by Bryan Driscoll

Learn the legal standards, costs and steps involved when you sue for defamation, including the difference between libel and slander.

Group of people holding papers with speech bubbles above them

Build Your Legal Practice with Effective Online Networking


by Jamilla Tabbara

How thoughtful online networking supports sustained legal practice growth.

Abstract web of connected figures symbolizing online networking among legal professionals

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Blogging for Law Firms: Turning Content into Client Connections


by Jamilla Tabbara

How law firms use blogs to earn trust and win clients.

Lawyer typing blog content on laptop in office

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

How to Choose a Good Lawyer: Tips, Traits and Questions to Ask


by Laurie Villanueva

A Practical Guide for Your First-Time Hiring a Lawyer

Three professional lawyers walking together and discussing work

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

Common-Law Marriage in Indiana: Are You Legally Protected?


by Laurie Villanueva

Understanding cohabitation rights and common-law marriage recognition in Indiana.

Married Indiana couple in their home

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

AI Tools for Lawyers: How Smithy AI Solves Key Challenges


by Jamilla Tabbara

Understand the features and benefits within the Best Lawyers Digital Marketing Platform.

Legal professional editing profile content with Smithy AI

Alimony Explained: Who Qualifies, How It Works and What to Expect


by Bryan Driscoll

A practical guide to understanding alimony, from eligibility to enforcement, for anyone navigating divorce

two figures standing on stacks of coins