Balancing school, work, and personal time is a challenge for many teens eager to earn a paycheck. But before any minor clocks in for a shift, it’s important to know that federal and state child labor laws strictly limit how many hours they’re allowed to work. These rules are designed to protect young workers while still giving them the opportunity to gain real-world experience.

In this blog, we’ll break down how many hours minors can legally work and explain how online safety training can help protect young workers and prepare them for safer, smarter employment.

WHAT IS THE FAIR LABOR STANDARDS ACT?

The Fair Labor Standards Act (FLSA) of 1938 is a federal law that establishes the minimum wage, overtime pay, recordkeeping requirements, and youth employment standards (i.e., limits on child labor). It covers nearly all workplaces, both private and public.

WHAT ARE THE CHILD LABOR PROVISIONS OF THE FLSA?

Although many parts of the FLSA apply to all U.S. workers, the restrictions that apply specifically to minors under 18 include:

• Sets 14 as the minimum age for most work
• Restricts the hours and employment options for children ages 14-15
• Prohibits minors ages 16-17 from work determined to be too dangerous

It also allows employers to pay a "youth minimum wage" (currently $4.25/hr.) to any employee under the age of 20 during their first 90 consecutive days of employment. After that, they need to be paid the minimum wage, but they're subject to the youth minimum every time they change jobs.

WHEN DID CHILD LABOR LAWS START?

The effort to reform or eliminate child labor really began in the U.S. around 1900. That year, 18% of all American workers were under 16 years old. Child labor laws faced a lot of resistance. Laws passed in 1916 and 1918 were quickly declared unconstitutional by the Supreme Court, and a constitutional amendment allowing similar laws was passed in 1924, but states refused to ratify it into law.

The FLSA was passed as part of President Franklin Delano Roosevelt's New Deal. It was part of an effort to bring the country out of the Great Depression, and child labor provisions passed because they freed up more jobs for adult workers.

HOW DO MINOR LABOR LAWS VARY BY STATE?

States have their own minor labor laws that may be stricter than federal regulations. In cases where state and federal laws conflict, the law that provides the most protection to a child should be followed.

WHAT IS THE MINIMUM WORKING AGE PER STATE?

For most occupations, the Fair Labor Standards Act sets the federal minimum working age to 14. However, the FLSA allows children 13 and younger to perform some work, including:

• Entertainment work, such as acting or performing
• Working for their parents in non-hazardous occupations
• Newspaper delivery
• "Young entrepreneur" jobs, like lawn mowing or babysitting on a casual basis

For non-hazardous agricultural work, the FLSA allows children as young as 10 and 11 to work under very restricted conditions: on local farms near their permanent residence, with parental consent, and during harvest season only. Some states allow for even younger workers in agriculture. For example, in Utah, there's no minimum age as long as the parents consent.

TIGHTENED AND LOOSENED CHILD LABOR LAWS

In January 2024, changes were made at the state level to child labor laws with varying consequences. State measures focused on youth work permits, working hours, and hazardous work protections. We’ll break down a few of those new laws below.

REPEALED RESTRICTIONS AGAINST CHILD LABOR

2024 saw laws passed in Alabama, Florida, Indiana, Iowa, Kentucky, and West Virginia that weakened prohibitions against child labor. These repeals covered topics like minimum work ages, work hours, youth driving, rest breaks, youth work permits, and hazardous labor protections. Some of these laws are as follows:

• Alabama: Eliminates employment permits for minors under the age of 16. 
• Florida: Enforces breaks for 16 and 17-year-olds only during 8+ hour shifts, but permits employers to schedule them to work more than 8 hours on Sundays, holidays, and more than 6 days in a row throughout the year.
• Indiana: 14 and 15-year-olds' hours are extended to 9 pm on school nights between June 1 and Labor Day; minors are no longer required to be accompanied by an adult when working in establishments open to the public at night; 16 and 17-year-olds' hours are no longer restricted; and 16 and 17-year-olds' protections against hazardous agricultural work are removed.
• Iowa: Now allows 14-year-olds to drive up to 25 miles unattended to get to and from work.
• Kentucky: Permits charity organizations to employ children aged 12 to 13 in "work programs".
• West Virginia: Through a youth apprenticeship program, the state extends dangerous roofing employment to 16 and 17-year-olds.

TIGHTENING RESTRICTIONS ON CHILD LABOR

Lawmakers in a growing number of states have put measures into place to boost enforcement of child labor laws and strengthen protections for children in the workplace. In 2024, lawmakers from 20 states and the District of Columbia submitted such proposals, and governors of seven states, Alabama, Colorado, Minnesota, Nebraska, Oregon, Utah, and Virginia, signed tougher protections into law.

• Alabama: Establishes a minimum penalty and raises civil penalties for hazardous work violations.
• Colorado: Removes parental criminal culpability, increases fines, allows child labor victims to get damages, and subjects infractions to open records requests.
• Minnesota: Removes the permanent youth subminimum wage for minors covered by the Minnesota FLSA, adds anti-retaliation protections, clarifies that penalties are per violation, and permits the labor commissioner to calculate penalties based on various factors, such as the size of the business and the history of violations.
• Nebraska: Expands the Department of Labor's (DOL) authority and stiffens punishment for child labor infractions.
• Oregon: In addition to the sanctions levied by the US DOL in the same case, new laws permit the labor commissioner to apply state penalties for child labor breaches.
• Utah: New exemptions lift the age and hour restrictions for some occupations with parental approval, but it still prevents 10-year-olds from working in gardening and limits the hours of minors under the age of 16 to FLSA standards.
• Virginia: Creates a stakeholder group to educate employers and minor employees about child labor laws; raises the maximum civil fines and determines the minimum penalties.

DOES THE LAW REQUIRE WORK PERMITS OR PROOF OF AGE FOR CHILD LABOR?

Federal law doesn't require any particular documentation for child labor, but many states do. Age Certification, which is an official proof of age document for your employer, is required for all minors in 10 states, including Georgia, Louisiana, and North Carolina. It's required for 26 other states under specific circumstances (like age or occupation).

Employment Certificates, often referred to as work permits, are required for all minors in Florida, South Carolina, Texas, and Utah. All other states, except 6 who don't issue work permits at all, require one under specific conditions.

HOW MANY HOURS CAN A 15-YEAR-OLD WORK?

The FLSA limits the number of hours and the times of day that 14- and 15-year-old minors can log. In non-agricultural jobs, those limits are:

• Outside of school hours (unless you've graduated high school, take part in certain work-study programs, or been excused/had attendance waived by certain authorities)
• No more than 3 hours per school day and 8 hours per non-school day
• No more than 18 hours a week while school is in session or 40 hours when it's not
• No night shifts, i.e., hours before 7 am or after 7 pm (9 pm in the summer, June 1 – Labor Day)

Some states impose more restrictions of a similar nature or alter the rules for certain jobs. Roughly half of the states introduce limits for agricultural work, as well. Some states have slightly different definitions of when school is in session or when summer rules start and end. Federal law doesn't limit the number of days per week, but more than a third of states do (usually to 6 days a week). More than half of the states have special break requirements for minors, which may be even more liberal for those under 16.

WHAT JOBS CAN A 15-YEAR-OLD GET?

Federal law outlines specific jobs outside of agriculture that 14- and 15-year-olds are allowed to hold. Any job that's not on the list is prohibited. The list includes:

• Most office and retail jobs (i.e., cashiering, stocking shelves, bagging groceries)
• Jobs in most food service establishments, including
  • Cleaning of cooking equipment and surfaces (with limitations)
  • Limited kitchen work involving the preparation of food and beverages
  • Limited cooking duties (for example, no open flames)
• Intellectual or artistically creative occupations (i.e., teacher, musician, artist, performer)
• Lifeguard or swim instructor jobs at traditional swimming pools and water amusement parks, if properly certified (for 15-year-olds ONLY)

HOW MANY HOURS CAN A 16-YEAR-OLD WORK?

Federal law places no limits on working hours for 16- or 17-year-olds. But almost half of all states restrict the number of working hours for 16-year-olds and/or 17-year-olds, inside or outside agriculture. In addition, over one-third of states prohibit night work for this age group in some form. Approximately half of the states with no break-time requirements for adults offer exceptions for all minors. Others have break-time requirements for adults but more flexible limits for minors.

WHAT JOBS CAN A 16-YEAR-OLD GET?

By federal law, 16- and 17-year-olds can hold any job that isn't considered too dangerous. The list of prohibited jobs include:

• Storing or manufacturing explosives
• Driving or working as an outside helper on a motor vehicle
• Coal mining or other mining
• Logging, sawmilling, or timber tract operations
• Fighting or preventing forest fires
• Working in forestry services
• Operating various types of specified heavy machinery
• Slaughtering or rendering poultry
• Jobs with exposure to ionizing radiation
• Tile, brick, and related product manufacturing
• Work on or near a roof
• Trenching and excavating

ENFORCEMENT OF CHILD LABOR LAWS: AGENCIES AND PENALTIES

The enforcement of child labor laws in the United States involves a combination of federal and state agencies, depending on the specific violation and location.

FEDERAL ENFORCEMENT

The U.S. Department of Labor's Wage and Hour Division (WHD) is the primary federal agency responsible for enforcing the FLSA, which governs most non-agricultural child labor regulations. The WHD conducts investigations, assesses penalties, and seeks injunctive relief in cases of violations. The Justice Department may become involved in cases of intentional or egregious child labor violations, potentially leading to criminal charges.

STATE ENFORCEMENT

Each state has its own labor department responsible for enforcing state child labor laws, which may be stricter than federal laws. These departments investigate violations, issue citations, and impose penalties. In some cases, state police may assist in investigating child labor violations, particularly those involving hazardous occupations or exploitation.

POTENTIAL PENALTIES FOR VIOLATIONS

Penalties for violating child labor laws vary depending on the severity of the violation, the age of the minor involved, and whether the violation was intentional. Typically, penalties can include:

• Civil Money Penalties: Employers can face civil penalties of up to $11,000 per employee for child labor violations. Additionally, the FLSA allows assessments of up to $50,000 for violations resulting in death or serious injury to a minor, doubling to $100,000 for willful or repeated offenses.
• Injunctions: The courts may issue injunctions against employers who violate child labor laws, ordering them to cease the illegal activity and take corrective action.
• Criminal Charges: In rare cases of intentional or egregious violations, employers may face criminal charges, including fines and imprisonment.

OSHA PROTECTIONS FOR MINORS

In addition to laws that specifically address child labor, adult labor regulations apply to children when no specific law for minors exists. For example, the Occupational Safety and Health Act applies to all workers, regardless of age. Even though minors are restricted from certain hazardous work, many OSHA standards still apply, such as the general duty clause, fire prevention standards, slip and fall standards, and more. Minors, like all workers, need a general introduction to OSHA, their rights and responsibilities as workers, and training in how to recognize workplace hazards.

Online training can be a great way to start the training process. We've been an OSHA-authorized online training provider for over 20 years. We offer OSHA 10 and OSHA 30 training, as well as HazCom and a library of training on specific OSHA standards. If you're looking to train your entire workforce, check out our business solutions!