Employment is a possibility for a 14-year-old in West Virginia, but it is strictly regulated to safeguard the minor’s well-being and education. State laws ensure that any work performed is non-hazardous and occurs only within strict time limits that prioritize school attendance. Navigating the process requires understanding the specific industries, working hour limitations, and mandatory documentation procedures set forth by state authorities.
The Legal Framework for 14-Year-Old Workers
Employment for minors in West Virginia is regulated by a combination of state and federal statutes, specifically the West Virginia Child Labor Law (State Code Chapter 21, Article 6) and the federal Fair Labor Standards Act (FLSA). The minimum age for most non-agricultural employment is 14. When state and federal regulations address the same employment standard, the stricter of the two laws must be followed.
The child labor provisions protect minors from jobs that interfere with their health, safety, or schooling. Employment is permitted only in certain occupations and only during periods when the minor is not required to be in school.
Specific Industries Where 14-Year-Olds Can Work
Fourteen-year-olds are limited to non-hazardous occupations in service and retail industries, which typically involve light work. Permissible tasks include office and clerical work, operating office machines, computer programming, or tutoring. In retail settings, duties include cashiering, selling, pricing, tagging goods, assembling orders, packing, and shelving.
In food service establishments, 14-year-olds can work in kitchen and non-kitchen roles, such as waiting tables, bagging, and carrying out customer orders. They may clean up using equipment like vacuum cleaners and floor waxers. Limited cooking is allowed, specifically with electric or gas grills that do not involve an open flame, and with deep fryers that use automatic devices to lower and raise baskets.
Certain industries and tasks are strictly prohibited for this age group. Minors under 16 cannot work in manufacturing, mining, or construction occupations. They are forbidden from operating or assisting in the operation of power-driven machinery, including most food processing equipment. Furthermore, they cannot hold jobs that involve working with hazardous substances, driving motor vehicles as a central part of the job, or using power-driven lawn mowers, cutters, or trimmers for grounds maintenance.
Strict Limitations on Working Hours
The state places mandatory limits on the hours 14-year-olds can work, differentiating sharply between weeks when school is in session and weeks when it is not.
School In Session
The state places mandatory limits on the hours 14-year-olds can work when school is in session. During any week when school is meeting, the minor is restricted to working a maximum of three hours on a school day. Total hours during a school week cannot exceed 18 hours.
The daily work shift must occur between the hours of 7:00 a.m. and 7:00 p.m. The minor is prohibited from working during the hours when they are required to be in school, even if they are homeschooled.
School Not In Session
When school is not in session, such as during summer vacation, the daily limit extends to eight hours per day, and the weekly limit increases to 40 hours.
During the summer period (June 1 through Labor Day), the evening restriction is extended, allowing a 14-year-old to work until 9:00 p.m. The 7:00 a.m. start time remains constant throughout the year.
Necessary Steps to Obtain an Employment Certificate
Before a 14-year-old can legally begin working, they must obtain an Age Certificate, which is required for all minors aged 14 and 15 engaging in gainful employment. The West Virginia Commissioner of Labor issues this certificate, which serves as legal proof of the minor’s age and the employment arrangement. The process involves multiple steps and requires the submission of several documents.
The prospective employer must first complete a section of the application, detailing the job description and the proposed hours of work. The minor’s parent or legal guardian must then provide written consent to the employment. Proof of age, such as a certified birth certificate, must be attached to the application.
The minor must also provide verification of school attendance, as the certificate is only granted to those attending school or enrolled in a home-school program. The employer is required to keep the finalized Age Certificate on file for the duration of the minor’s employment.
Minimum Wage and Workplace Protections
Fourteen-year-old workers in West Virginia are entitled to be paid at least the state minimum wage, currently set at $11.00 per hour. State law mandates that employers with six or more employees must adhere to this rate.
Employers are permitted to pay a subminimum training wage of $9.00 per hour for the first 90 days of employment to workers under the age of 22, which may apply to a 14-year-old worker.
Minors are protected by mandatory break requirements. Any 14-year-old scheduled to work for more than five consecutive hours must be provided with a meal break of at least 30 minutes. The employer must ensure a safe work environment.