Crain’s Cleveland Business: Some lawmakers want to cut working ages for students, police officers

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March 09, 2023 01:46 PM - Written By Kim Palmer

The competition for workers is fierce, and with no sign that competition is letting up, states including Ohio are turning to legislative measures to help increase the potential employee pipeline.

Pieces of legislation recently introduced in both the Ohio House and Senate aim to address the state's workforce gaps by allowing younger employees to work longer hours during the school year and by reducing the age eligibility for law enforcement positions.

Ohio Senate Bill 30 would allow minors under 16 years old to work until 9 p.m. on school nights with the permission of a parent or guardian.

Under current state law, minors at age 14 can obtain a work permit. Once they are 16, they can work during the summer months (defined as June 1 through Sept. 1) without a permit, but teens younger than 17 can work only between 7 a.m. and 7 p.m., and until 9 p.m. during the summer.

"Unfortunately, the current 7 p.m. limit on 14- and 15-year-olds working keeps them from many opportunities," said Tod Bowen, the Ohio Restaurant Association's managing director of external affairs and government relations.

He said the nearly 24,000 restaurants in Ohio that have about 520,000 employees statewide are desperate to fill positions left open since the pandemic shutdowns.

"We believe that 9 p.m. is reasonable and will open up more personal growth possibilities for Ohio teenagers," Bowen added.

A recent survey by the Ohio chapter of the National Federation of Independent Business found 45% of the organization's small business members report that job openings are "hard to fill." Interim NFIB state director Chris Ferruso told the Higher Education and Workforce Senate committee that the 45% "far exceeds the historical average of 22%."

SB 30, which passed the Senate on Wednesday, March 8, is part of growing awareness that building a pipeline of skilled workers is crucial to filling current and future job needs.

Parental permission on the extra hours is key. Mark Mills, the mayor of Coshocton and a father of teenagers, told the Senate committee he would be willing to give that permission, as the many unfilled jobs are having a "ripple effect" leading to businesses cutting hours and generating less revenue — which translates into less tax revenue for small communities.

"Also by limiting work hours for people under 16, it takes away the ability for children who may be in a sport or after-school activity from holding a job, or makes them choose between having a job and participating in after-school activities," Mills said.

Crain Dorn, president and CEO at Youth Opportunities Unlimited, a program that focuses on supporting teens and young adults with job-readiness and work-experience programs, supports Ohio joining the 13 other states that allow teens younger than 17 to work until 9 p.m.

"We applaud legislators for doing something and being pro-active in addressing these workforce issues," Dorn said. "Research shows that teenagers that work but don't overwork do better in school — have better graduation rates and attendance in high school."

He also points out that unlike bills proposed in Iowa and Arkansas, Ohio requires documented proof of age, and hours are still limited during school. The Ohio bill also prohibits students from working in more dangerous industries such as manufacturing and construction.

Even if the bill passes, some Ohio employers still will be subject to more restrictive federal labor laws, said Marie-Joëlle C. Khouzam, a partner at Bricker and Eckler in Columbus.

Employers that fall under the federal Fair Labor Standards Act (FLSA) — which applies mainly to hospitals, schools, government agencies, companies with two or more employees, annual sales of at least $500,000 or that are engaged in interstate commerce — would have to follow federal policy even if state law is changed, she said.

"Without getting into the weeds about which law an employer would have to follow, the passage of the bill might result in smaller companies not subject to federal FLSA being able to hire younger workers year-round, while larger companies or multistate employers, who are subject to the FLSA, may not be able to," Khouzam said.

The full Ohio Senate has passed a resolution "urging" the U.S. Congress to loosen the same work requirements nationally Changes for police?

Republican state lawmakers also are looking to lowering the age at which police departments can hire officers.

Ohio Senate Bill 53 and House Bill 84, if passed, would lower the minimum age of eligibility for police officers to 18 from 21.

One of HB 84's sponsors, Rep. Steve Demetriou, a Republican from Chagrin Falls, said more than a dozen states allow police departments to hire recruits under 21.

"This would change just one word in the state revised code: changing it from 21 to 18," said Republican Rep. Josh Williams of Sylvania Township.

He noted the bill would make hiring minimums consistent across the state but would not require departments to hire anyone under 21.

The move to change the age of eligibility is a simple means of addressing shortages by ensuring that, like the military or the fire department, 18-year-olds can begin a career in law enforcement when then get out of school, Williams said.

Demetriou said the Fraternal Order of the Police and other law enforcement organizations are "neutral" on the content of the legislation.

Rep. Cindy Abrams, a Republican from Harrison and a former Cincinnati police officer, during a hearing of the Homeland Security committee, raised concerns about potential strains for the Ohio Police and Fire Pension Fund. The fund at present allows officers to begin to collect a pension after 30 years of service, which means passage of the legislation would allow collections to start for people as young as 48 years old.

"A younger entry means you are sooner to retire, and that could put a massive strain on the pension fund," she said.

Cincinnati Rep. Cecil Thomas, the Democratic ranking member of the Homeland Security committee and another former police officer, had concerns about the lack of life experience a teenager brings to the job of law enforcement.

"I have concerns when it comes to maturity levels," Thomas said. "It is going to take an additional amount of training to get to the level of readiness to do the work. It took me years before I felt comfortable in the job, and I started at 21."