Entering the workforce for the first time involves navigating a complex legal reality. A comprehensive framework of federal and state regulations dictates when and how minors can begin working. This structure is designed to protect the health, well-being, and educational opportunities of young people by governing age minimums, acceptable occupations, and working hours for those under 18.
The Federal Baseline Minimum Age
The foundation for youth employment standards in the United States is the Fair Labor Standards Act (FLSA), a federal law establishing labor protections for most workers. The FLSA sets the general minimum age for most non-agricultural employment at 14 years old. These provisions function as a floor, representing the lowest acceptable standards for an employer to follow.
Minors aged 16 and 17 are generally permitted to work in any non-hazardous occupation for unlimited hours under the FLSA. The federal government maintains a list of occupations deemed too dangerous for anyone under 18, which is the main restriction for this older age group. Workers 18 years old or older are no longer subject to the federal youth employment provisions of the FLSA.
Specific exceptions exist to the 14-year-old minimum age for non-agricultural work. These exemptions apply to jobs like working for a parent in a wholly-owned business, provided the work is not in mining or manufacturing. Employment in entertainment, such as acting, and the delivery of newspapers are also generally excluded from the FLSA’s minimum age requirements.
State Child Labor Laws and Higher Standards
Minors and their employers must comply with both federal law and the child labor laws of the state where the work is performed (concurrent jurisdiction). When federal and state laws address the same issue, the employer must abide by the standard that is more protective of the minor. If a state sets a higher minimum age or more restrictive hours than the federal FLSA, the state’s rule must be followed.
Many states have established standards more rigorous than the federal baseline, often imposing tighter restrictions on working hours, especially during the school year. For example, a state might prohibit 16- and 17-year-olds from working past a certain hour on school nights, even though the FLSA does not impose such time limits. These state-specific rules minimize interference with a minor’s education and development.
Determining the exact requirements for a minor requires consulting the regulations published by the local state Department of Labor or similar agency. While the FLSA provides uniform rules across the country, variations in state law mean that employment eligibility and restrictions can differ significantly by location.
Navigating Work Permits and Employment Certificates
Many jurisdictions require a minor to obtain a work permit, often called an employment certificate, before starting a job. This administrative requirement provides a formal mechanism for tracking and regulating youth employment. The permit ensures the minor meets the minimum age requirements and that the employer is aware of the applicable work restrictions.
The responsibility for issuing these certificates typically falls to the local school district or the state’s labor department. To obtain a work permit, a minor usually needs to complete an application that includes several mandatory steps. These steps commonly involve providing proof of age, such as a birth certificate or other official documentation.
A prospective employer is also required to provide a statement of intent to hire, detailing the type of work and the proposed hours. The application process generally mandates parental or guardian consent. Once issued, the work permit acts as official authorization for the minor to begin employment under the specified conditions.
Specific Employment Rules by Age Group
The permitted scope of work changes dramatically as a minor ages, with restrictions gradually lessening. The regulations for each age bracket are specific, covering the type of job, exact times, and total hours a minor can spend working. Understanding these distinctions is fundamental to lawful youth employment.
Minors Under 14
Federal law generally prohibits the employment of children under 14 years old in non-agricultural jobs covered by the FLSA. Exceptions for this age group allow for certain types of work that are often informal or outside of standard employment. A child of any age may be employed by a parent in a business solely owned by the parent, provided the work is not hazardous or involves mining or manufacturing.
Children under 14 are also permitted to work in the entertainment industry as actors or performers, subject to state regulations governing performance hours and schooling. Delivering newspapers is another traditional exception, often categorized as self-employment. Casual work like babysitting, lawn mowing, or performing minor chores around a private home is typically not regulated by the FLSA, allowing younger children to engage in these odd jobs.
14- and 15-Year-Olds
The rules for 14- and 15-year-olds are restrictive and focus on ensuring work does not interfere with school attendance. This age group is limited to non-hazardous jobs in retail, food service, and office work. They cannot work during school hours, except as part of an approved work experience program.
Minors in this age bracket are limited to working a maximum of three hours on a school day and a total of 18 hours during a school week. On non-school days, they may work up to eight hours, and during weeks when school is not in session, they can work up to 40 hours. Federal rules also impose strict time-of-day limitations, generally prohibiting work before 7 a.m. or after 7 p.m., though the evening limit is extended to 9 p.m. from June 1st through Labor Day.
These limitations ensure that the focus remains on education. The federal rules also prohibit 14- and 15-year-olds from engaging in manufacturing, mining, or any occupations declared hazardous for minors under 18.
16- and 17-Year-Olds
The federal government significantly lifts the hour and time-of-day restrictions once a minor reaches the age of 16. At this age, a young person can generally work for an unlimited number of hours per day and per week, even when school is in session, according to the FLSA. This change recognizes increased maturity and reduced need for federal protection regarding educational scheduling.
Despite the lifting of federal hour limits, 16- and 17-year-olds remain subject to the list of Hazardous Occupation Orders, which prohibit them from working in certain dangerous jobs. Many states impose their own hour restrictions on this age group, particularly concerning work on school nights or late-night shifts. These state-level rules often override the federal allowance for unlimited hours, especially for minors who have not yet graduated from high school.
State laws aim to balance a minor’s ability to earn income with the need to maintain a healthy school-work-life balance. Both employers and minors must verify the specific state regulations regarding maximum daily and weekly hours for this age group. Compliance with the most protective rule, whether federal or state, is required for lawful employment.
Jobs Permanently Prohibited for Minors
To protect young workers from physical harm, the FLSA establishes 17 Hazardous Occupation Orders (HOs) that permanently prohibit anyone under the age of 18 from working in specific environments or tasks. These prohibitions apply regardless of a minor’s experience or parental consent. The HOs effectively set the minimum age for employment in these jobs at 18 years old.
The list of prohibited occupations includes activities found to be perilous or detrimental to a minor’s health.
Examples of Prohibited Occupations
All forms of mining and working in logging or sawmilling operations.
Operating most power-driven woodworking machines, metal-forming machines, and bakery machines.
Certain construction activities, such as roofing work, excavation operations, and wrecking or demolition.
Driving a motor vehicle on public roads as part of the job (with limited exceptions for 17-year-olds).
Handling explosives or working in meatpacking or processing plants that use power-driven equipment.
The HOs are categorized based on the occupation or the industry in which the work is performed, creating a comprehensive safety net. These rules represent the federal government’s strongest protection for youth, ensuring early employment does not lead to exposure to unacceptable workplace dangers.
Special Rules for Agricultural Employment
Employment in agricultural settings is governed by a separate set of rules under the FLSA, recognizing the unique nature of farm work. The minimum age standards for farm jobs are generally less restrictive than those for non-agricultural employment. Children of any age are permitted to work on a farm owned or operated by their parent.
For employment on a farm not owned by a parent, the minimum age is 12 years old. This work must be outside of school hours, and the minor must have written parental consent or be working on the same farm as a parent. Minors who are 14 and 15 years old can work on any farm in non-hazardous occupations outside of school hours.
The hazardous occupation rules still apply to agricultural work, but they are specific to the farm environment. Minors under 16 are prohibited from operating certain high-power tractors or specific types of harvesting equipment. Once a young worker reaches 16 years of age, all federal hour and occupational restrictions are lifted for agricultural employment, allowing them to perform any farm job at any time.