The number of hours a high school student can legally work is determined by federal and state child labor statutes. These regulations balance allowing minors to gain work experience while ensuring employment does not compromise their education or well-being. Understanding these legal constraints is necessary for both young workers and their employers to maintain compliance. The strictness of the rules depends primarily on the minor’s age and whether school is in session.
Federal Child Labor Regulations
The Fair Labor Standards Act (FLSA) establishes the minimum age and hours restrictions for minors working in non-agricultural jobs across the country. These federal standards set the baseline for employment and differentiate substantially between age groups to reflect varying levels of maturity and educational demands. Employers must track an employee’s age and the school calendar to remain within the legal parameters.
Rules for 14- and 15-Year-Olds
The FLSA places strict limits on the daily and weekly hours for 14- and 15-year-olds when school is in session. Minors in this age bracket are restricted to working no more than three hours on any school day, including Fridays. They are limited to a maximum of 18 total hours during any school week. Work must also be performed outside of school hours, prohibiting employment during the student’s normal class schedule.
When school is not in session, 14- and 15-year-olds may work up to eight hours per day and a maximum of 40 hours for the entire week. Federal law also imposes a curfew, preventing this age group from working before 7:00 a.m. or after 7:00 p.m. on any day. The evening curfew is extended to 9:00 p.m. only during the summer, specifically from June 1 through Labor Day.
Rules for 16- and 17-Year-Olds
The FLSA is significantly less restrictive for 16- and 17-year-olds, removing all federal limitations on the number of hours they can work per day or per week. This means that, under federal law, a 16-year-old can work unlimited hours, regardless of whether school is in session. This age group is still prohibited from working in any of the 17 occupations that the Secretary of Labor has declared particularly hazardous.
These hazardous occupation orders ban 16- and 17-year-olds from jobs involving tasks like operating power-driven woodworking machines, working with explosives, or driving a motor vehicle as part of their employment. Since the federal government does not regulate their total hours, employers and students must check for state-level restrictions.
The Role of State Labor Laws
Federal child labor laws represent a minimum standard, but nearly every state has its own set of regulations governing the employment of minors. This creates a system of dual jurisdiction, where the law with the stricter standard—whether federal or state—always takes precedence. An employer must comply with the most protective rule when both state and federal laws apply.
Many state laws impose mandatory hour limits and curfews for 16- and 17-year-olds that do not exist under the FLSA. For instance, some states limit weekly hours for this age group to 28 or 32 hours when school is in session, superseding the federal lack of restriction. States also commonly require minors under 18 to obtain official documentation, such as a work permit or youth employment certificate, before beginning a new job.
Common Exemptions and Exceptions
Several specific job roles are partially or completely exempt from the standard FLSA hour and occupation rules. A complete exemption is granted to minors of any age who are employed in a business solely owned or operated by their parents. The only constraints in this parental employment scenario are prohibitions against working in mining, manufacturing, or any federally designated hazardous occupations.
Exemptions also exist for specific industries. Employment in agriculture has separate federal regulations that differ significantly from non-agricultural work. The child labor rules do not apply to minors employed as actors or performers in motion pictures, radio, or theatrical productions. Likewise, young workers engaged in the delivery of newspapers to consumers are not subject to the FLSA’s hour limitations.
Consequences of Violating Child Labor Laws
Violating federal child labor laws carries substantial penalties, primarily levied against the employer by the Department of Labor (DOL) Wage and Hour Division. Employers found to be in violation face civil money penalties that can be assessed for each minor employee affected. The standard fine can be up to $11,000 for each employee who was the subject of a child labor violation.
Penalties increase significantly if the violation involves the death or serious injury of a minor employee. In such cases, the DOL is authorized to assess a civil penalty of up to $50,000 for each violation. If the infraction is determined to be willful or repeated, that penalty can be doubled, reaching up to $100,000. The DOL can also seek an injunction in federal courts to stop the employer from continuing to violate the law.