When a young person seeks their first job, their ability to work is governed by a framework of federal and state laws. These regulations exist primarily to protect the minor’s education, health, and well-being. Any employment must fall into specific, legally defined categories. Understanding these boundaries is the first step for navigating the rules of youth employment.
Federal Child Labor Law Basics
The primary federal regulation governing youth employment is the Fair Labor Standards Act (FLSA). This law establishes standards for minimum wage, overtime pay, and child labor. For most non-agricultural businesses, the FLSA sets the minimum age for employment at 14 years old. Therefore, a 13-year-old cannot legally be hired by a business subject to the FLSA, such as a retail chain or restaurant, unless their work falls under a specific, limited exemption. Any work performed at age 13 must be in a job category explicitly excluded from the FLSA’s coverage.
Specific Jobs Allowed for 13-Year-Olds
Since the FLSA prohibits employment under age 14, the work a 13-year-old can do is restricted to activities specifically exempt from the Act or those not considered traditional employment. These limited opportunities are generally informal, non-hazardous, and often involve working within the community or for family.
The following categories of work are typically exempt from federal child labor laws:
- Delivery of newspapers directly to consumers, which falls outside the scope of the FLSA’s child labor provisions.
- Casual labor performed intermittently around a private home, such as babysitting, pet-sitting, or minor chores like raking leaves or mowing lawns. These jobs are not subject to the same federal restrictions as corporate employment.
- Working for a business entirely owned by the minor’s parents. This work must not be in any occupation declared hazardous by the Secretary of Labor, nor can it involve mining or manufacturing activities.
- Acting and performing roles in motion pictures, theatrical productions, or on television.
Strict Limitations on Working Hours
Although many jobs available to a 13-year-old are in exempted categories that may not have federal hour restrictions, state laws often impose limits on these activities. Federal standards for 14- and 15-year-olds illustrate the strictness applied to young workers.
These older minors are restricted to working only outside of school hours, with a maximum of three hours on a school day and 18 hours during a school week. When school is not in session, limitations allow up to eight hours per day and 40 hours per week. Furthermore, the hours must fall within specific time boundaries, generally between 7:00 a.m. and 7:00 p.m. during the school year, with an extension to 9:00 p.m. from June 1 through Labor Day.
Jobs That Are Strictly Prohibited
Federal law prohibits 13-year-olds from being employed in any job deemed hazardous or falling into specific industry categories. Most prohibited roles are contained in the Hazardous Occupations Orders (HOs), which ban employment for minors under 18 in certain roles. These include working with explosives, operating power-driven woodworking or metal-forming machines, and working in mining, manufacturing, or construction. Thirteen-year-olds are also excluded from typical service industry jobs covered by the FLSA, such as working as a cashier or server, as these are reserved for minors aged 14 and older.
The Role of State Labor Laws
Federal regulations establish the baseline for child labor standards across the nation, but every state has its own laws that often impose more protective standards than the FLSA. The most protective standard must always be followed, a concept known as the “whichever is stricter” rule.
If a state law is more restrictive regarding working hours, minimum age, or prohibited occupations than the federal law, the state law must be obeyed. Some states may impose daily or weekly hour limits on casual, exempt jobs like yard work. Therefore, any young person seeking employment must determine their local state requirements by checking with the state’s department of labor.
Necessary Work Permits and Employment Certificates
In most states, a young person must obtain a formal document, often called a work permit or employment certificate, before beginning employment, even for federally exempt jobs. The purpose of this requirement is to certify the minor’s age, verify parental consent, and ensure the employer is aware of legal working hour restrictions.
These certificates are typically issued by an official from the local school district or the state’s department of labor. The process usually requires the minor to provide proof of age, such as a birth certificate, and a statement of intent from the prospective employer detailing the job duties and hours. Parental or guardian consent is a standard requirement for issuing the permit.
Navigating Pay and Minimum Wage Rules
Rules regarding compensation depend heavily on the nature of the work performed. If a 13-year-old is employed in a formal job covered by an FLSA exemption, such as working for a parent’s non-hazardous business, they are generally entitled to the federal minimum wage.
However, many available tasks, like casual babysitting or yard work for neighbors, are not covered by the FLSA because they are not considered part of interstate commerce or formal employment. In these informal roles, the negotiated rate of pay is a private arrangement between the worker and the person hiring them. The federal minimum wage may not legally apply to these casual jobs.
The FLSA does allow employers to pay a “youth minimum wage” of $4.25 per hour to employees under 20 years of age for the first 90 days of employment. This rule is rarely relevant for 13-year-olds, as most of their work falls outside the scope of formal, minimum-wage-covered employment.