Working legally at the age of 15 in Virginia is possible, but it is subject to a comprehensive set of state and federal regulations designed to ensure employment does not interfere with a minor’s education or well-being. The Commonwealth of Virginia permits 15-year-olds to hold non-hazardous jobs. Employment is strictly controlled through specific requirements for documentation, limits on working hours, and prohibitions on certain types of occupations.
The Essential Employment Certificate
Teenagers aged 14 and 15 must obtain an official Employment Certificate from the Virginia Department of Labor and Industry (DOLI) before starting work. This certificate, often called a work permit, is required for all covered employment. The application process requires collaboration between the minor, a parent or guardian, and the prospective employer.
The application is typically completed using the Virginia Electronic Employment Certificate System (VAeECS). The minor registers and provides a unique identifier to their parent and employer so they can complete their respective portions. Required documentation includes the “Permission to Employ” form from the parent and the “Intent to Employ” form detailing job duties and hours from the employer.
After DOLI approves the application, the certificate is issued to the employer, who presents it to the minor for a final signature. The employer must keep the signed certificate on file at the work site for the duration of employment and for three years afterward. A minor cannot start work until the employer has a completed and signed certificate in their possession.
Legal Limits on Working Hours
Virginia law establishes limits on the times and number of hours a 15-year-old can work, with rules changing based on whether school is in session. These regulations protect educational time and prevent fatigue. The law differentiates between school days, non-school days, and the summer break.
When School is in Session
When school is in session, a minor is limited to working no more than three hours on any school day. The total hours worked during the school week cannot exceed 18 hours. Minors must restrict their work hours to between 7:00 a.m. and 7:00 p.m. and are not permitted to work during school hours.
When School is Not in Session
When school is not in session, such as on weekends, holidays, or during summer vacation, the daily and weekly hour limits increase. A 15-year-old may work up to eight hours on a non-school day. The weekly limit is 40 hours. The evening work restriction is extended during the summer months, allowing work until 9:00 p.m. from June 1 through Labor Day.
Required Breaks and Rest Periods
Employers must ensure that minors receive an uninterrupted rest period during their work shift. Any 15-year-old working for five consecutive hours must be given a break of at least 30 minutes. This mandatory rest period must be free from any work duties.
Prohibited Occupations for 15-Year-Olds
Virginia law prohibits 15-year-olds from working in certain occupations and environments deemed hazardous or detrimental to their well-being. These rules protect minors from dangerous machinery and unsafe working conditions. Jobs involving manufacturing, mining, or processing are off-limits, regardless of the specific task.
Minors are barred from working around power-driven machinery, such as meat slicers or woodworking tools. They are also prohibited from operating or assisting in the operation of motor vehicles on public roads as part of their job duties. Other prohibited activities include:
Prohibited Activities
- Work involving scaffolding or hoisting apparatus.
- Exposure to toxic or corrosive chemicals.
- Serving or dispensing alcoholic beverages in food service or retail environments.
Employers who hire 15-year-olds are responsible for understanding and complying with these restrictions.
Compensation and Wage Rules
While the state minimum wage is set at a higher rate, any person under the age of 16 is exempt from the Virginia Minimum Wage Act. This exemption means the federal minimum wage floor applies to most 15-year-olds.
The federal minimum wage is lower than the state rate. A federal exception, the youth minimum wage, permits employers to pay $4.25 per hour during the first 90 consecutive calendar days of initial employment. After that 90-day period, the minor must be paid at least the standard federal minimum wage.
For tipped positions, Virginia law requires tipped employees to be paid at least the full state minimum wage. Since the 15-year-old is exempt from the state minimum wage, the employer must ensure the minor’s total earnings, including tips, meet the applicable federal wage floor. The employer is responsible for making up the difference if combined wages and tips fall below the required minimum.
Understanding Federal and State Rules
Employment for minors in Virginia is regulated by the Federal Fair Labor Standards Act (FLSA) and Virginia state child labor laws. Employers must carefully compare these two sets of rules to ensure compliance. Federal and state laws may have different requirements for the same aspect of employment, such as working hours or age limits for a specific task.
When a difference exists between the two laws, the employer must follow the rule that offers the minor the greater protection or imposes the stricter restriction. For example, if federal law permits work until 9:00 p.m. but state law restricts work until 7:00 p.m., the employer must adhere to the 7:00 p.m. state limit. This principle ensures the minor’s safety, health, and education are prioritized above all else.