The employment of young individuals is governed by regulations designed to protect their health, well-being, and educational opportunities. Federal standards establish a minimum baseline, but state and local laws often impose additional restrictions. These rules vary significantly depending on the minor’s age, job duties, and whether school is in session, making compliance a highly localized effort. The fundamental principle of youth employment is that the strictest applicable law—whether federal, state, or local—must be followed.
Federal Minimum Age Requirements
The foundational law governing youth employment in the United States is the Fair Labor Standards Act (FLSA), which sets the minimum age for most non-agricultural work at 14 years old. This federal standard establishes a tiered system of regulations that become less restrictive as a minor grows older, ensuring work does not interfere with schooling or endanger safety.
The regulations distinguish sharply between minors aged 14 and 15 and those aged 16 and 17. Once a youth reaches 16, most federal restrictions on the hours worked are lifted, though they remain prohibited from performing certain hazardous jobs. For 14- and 15-year-olds, the rules are significantly stricter, limiting both the types of jobs and the number of hours they can work. This age group is confined to working outside of school hours and in non-manufacturing, non-mining, and non-hazardous occupations.
How State Laws Affect Minimum Working Age
The federal FLSA establishes a floor for child labor standards, allowing states to pass laws that are more protective of young workers. This “higher standard” rule dictates that when both federal and state laws apply, the provision imposing the greater protection or restriction must be obeyed. For example, some states may set a higher minimum age than the federal minimum of 14 for specific industries or require parental consent for employment under the age of 16.
Many state laws impose restrictions that federal law does not cover, such as requiring minors over the age of 16 to have a minimum number of consecutive non-work, non-school hours in a 24-hour period. Certain states also mandate stricter hour limits for 16- and 17-year-olds, even though federal law places no such restriction on this age group. Employers must compare the rules and adhere to the most stringent regulation.
Restrictions on Work Hours and Time of Day
The FLSA imposes strict limits on the hours and times of day that 14- and 15-year-olds may work to prioritize their education. When school is in session, this age group is restricted to a maximum of three hours on any school day (including Friday) and a total of 18 hours per week. They are prohibited from working during school hours, meaning work must occur outside of the local school district’s schedule.
Work is prohibited before 7:00 a.m. or after 7:00 p.m. on any day. This evening restriction is extended during the summer (June 1st through Labor Day), allowing work until 9:00 p.m. When school is not in session, the daily limit for 14- and 15-year-olds increases to eight hours, with a maximum of 40 hours per week. Once a minor turns 16, these federal hour and time-of-day restrictions are generally lifted, allowing unlimited hours in non-hazardous occupations, although state laws may still impose limits.
Understanding Job Limitations for Minors
Federal law strictly limits the types of occupations that 14- and 15-year-olds may hold. Permissible jobs are primarily confined to retail, food service, and office or clerical work. Allowed duties include cashiering, selling, pricing goods, bagging groceries, and performing intellectual or creative tasks like computer programming or tutoring.
Even within permitted industries, specific tasks are prohibited. Minors in this age group may not work in manufacturing, mining, or processing occupations, or in any workroom where goods are manufactured or processed. They are also prohibited from operating or tending any power-driven machinery, with the exception of typical office machines. This prohibition extends to tasks like operating power-driven food slicers, meat choppers, or bakery-type mixers. Limited cooking and dishwashing is allowed.
Prohibited Hazardous Occupations
A set of 17 Hazardous Occupations (HOs) established by the Department of Labor prohibits the employment of all minors under the age of 18 in certain dangerous non-agricultural jobs. These rules apply regardless of state law or the minor’s experience level, reflecting a determination that these occupations pose an unacceptable risk to the health and well-being of young workers.
Prohibited hazardous occupations include driving a motor vehicle on public roads as part of the job, logging and sawmilling, and working in or about plants that manufacture or store explosives. The list also bans specific activities like operating power-driven woodworking machines, power-driven hoisting apparatuses (such as forklifts or cranes), and power-driven metal-forming, punching, and shearing machines. Minors under 18 are also prohibited from working in roofing operations, excavation operations, and most jobs in wrecking or demolition.
Necessary Work Permits and Certificates
While federal law does not mandate a work permit, most states and local jurisdictions require minors to obtain an Employment Certificate, often called “Working Papers,” before starting a job. This document ensures the minor meets minimum age requirements and that the proposed work complies with applicable labor laws. In some states, a permit is required for all minors under 18, while in others, it is only mandatory for those under 16.
The process for obtaining a work permit typically involves the minor, a parent or guardian, the employer, and an issuing officer. The issuing authority is usually the local school district (such as the guidance office) or the state’s department of labor. Required information often includes proof of age, a completed application, parental permission, and a statement from the prospective employer detailing the nature of the job and the hours of work.
Common Exceptions to Child Labor Laws
Certain categories of employment are subject to different regulations or exceptions under child labor laws.
Agricultural Work
Employment in agriculture is a significant exemption, having its own specific and often less restrictive rules regarding minimum age and hours. Children of any age may be employed by a parent on a farm owned or operated by that parent, although they are still prohibited from working in hazardous agricultural occupations.
Parental Business
Another common exemption is for minors working for a parent in a business solely owned by the parent, provided the occupation is non-hazardous and non-manufacturing. Federal law typically waives the minimum age and hour restrictions in this context, though the prohibition on performing hazardous work remains in effect.
Performing Arts
Employment in the performing arts, such as acting or modeling, is generally exempt from standard child labor laws. This work is instead governed by specialized regulations that focus on educational tutors, maximum performance hours, and on-set supervision.