Gavin Howe
Child labor laws exist to protect children from exploitation and hazardous work that endangers their health, safety, and development. While federal laws establish clear rules regarding child labor, individual US states have their own laws and regulations that may differ. These laws often vary from state to state, and companies must be cautious of which laws apply in their state. For example, in 2023, Iowa passed a bill that expanded hazardous employment for children as young as 14, violating federal law. In the same year, Arkansas eliminated work permits for 15 and 16-year-olds, while Kentucky introduced a bill to allow nonprofits to hire 12 and 13-year-olds. These varying state laws highlight the ongoing debate and efforts to balance economic enhancement and the protection of children's rights and safety.
| Characteristics | Values |
|---|---|
| States with bills to strengthen child labor laws | Colorado, Iowa, Nebraska, Virginia |
| States with bills to eliminate provisions allowing minors to be paid below minimum wage | New Jersey, Rhode Island |
| States with bills to safeguard the rights of child performers or mandate that child influencers receive a share of the profits | Arizona, California, Georgia, Missouri, Nebraska, Ohio |
| States with bills to expand youth employment in hazardous occupations or workplaces | Georgia, Illinois, Iowa, Minnesota, New York |
| States with bills to extend the number of hours minors can work | Indiana, New Jersey, Kentucky |
| States with bills to eliminate youth work permits | Missouri, West Virginia, Arkansas |
| States with bills to allow minors to work in landscaping | Georgia |
| States with bills to weaken standards related to child-to-staff ratios at childcare centers | Iowa |
| States with bills to allow minors to drive to and from work without adult supervision | Iowa |
| States with bills to lower the age to serve alcohol | Iowa |
| States with laws allowing 12-year-olds to work in agricultural jobs | Illinois |
| States with laws allowing minors under 14 to work in family businesses | Georgia |
| States with laws requiring an employment certificate or work permit for minors under 18 | Georgia |
| States with laws exempting minors from agricultural employment | 17 states |
| States with laws prohibiting minors under 16 from performing door-to-door sales | Florida, Maine, Michigan, Missouri, North Dakota |
| Minimum age for children's employment | 14 |
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What You'll Learn
Minimum working age requirements
In the United States, the Fair Labor Standards Act (FLSA) sets the conditions for employing children, including the minimum age for employment. The FLSA establishes wages, hours worked, and safety requirements for minors (individuals under 18) working in jobs covered by the statute. The law sets the minimum age for employment at 14 years old for non-agricultural jobs, restricts the hours that individuals under 16 may work, and prohibits minors from being employed in hazardous occupations. However, federal and state regulations can differ, and in such cases, the more restrictive law takes precedence.
Many US states have their own laws regarding the minimum working age for minors in agricultural and non-agricultural jobs. For example, 28 states have their own minimum working age for minors working during school hours, ranging from 12 to 18 years old. Minimum ages for working outside of school hours and for agricultural jobs can be as low as 9 to 14 years old, depending on the state and the crop. A few states, such as Utah, do not have a minimum age for agricultural jobs as long as the youth has parental consent. Illinois has the youngest minimum age of 12 years for youth working during school hours, while Oregon's minimum age is 16 during school hours and 12 outside of school hours.
Some states have introduced legislation to expand youth employment in hazardous occupations or workplaces. For instance, an Iowa bill expanded hazardous employment for children as young as 14, in violation of federal law. The bill also included a "work-based learning" program allowing 16-year-olds to perform hazardous work like roofing and demolition, which is generally prohibited under federal law for anyone under 18. Kentucky lawmakers introduced a bill to allow nonprofits to hire 12- and 13-year-olds, and Indiana and New Jersey have proposed bills to extend the number of hours minors can work. In contrast, four states (Colorado, Iowa, Nebraska, and Virginia) have introduced bills to strengthen child labor law enforcement, and two states (New Jersey and Rhode Island) aim to eliminate provisions allowing certain minors to be paid below minimum wage.
Federal laws, such as the FLSA, impose strict working hour and job type restrictions on 14-year-olds. For example, 14- and 15-year-olds are prohibited from working during school hours, and they cannot work before 7:00 a.m. or after 7:00 p.m. (9:00 p.m. during the summer). Children under 14 are not permitted to work in roles covered under the FLSA, such as meat processing, roofing, driving, and mining. However, they may work for their family business if it is wholly owned by the family. Children aged 14 to 16 may work outside of school hours in non-hazardous, non-manufacturing occupations, and 16-year-olds and above may work in any non-hazardous, agricultural job.
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Hazardous work
In the United States, the Fair Labor Standards Act (FLSA) sets the conditions for child labour, including the types of jobs children are allowed to work in. The act aims to ensure that children are safe in the workplace and that their jobs do not interfere with their health, wellbeing, education, or opportunities.
Despite federal laws, many states have enacted their own laws regulating youth employment, and federal and state regulations can differ. In situations where this occurs, the provisions of the more restrictive law will apply.
In 2023, at least five states (Georgia, Illinois, Iowa, Minnesota, and New York) introduced legislation to expand youth employment in hazardous occupations or workplaces. The Iowa bill, which was enacted, expanded hazardous employment for children as young as 14—in violation of federal law. The bill also set up a “work-based learning” program under which 16-year-olds can perform hazardous work like roofing and demolition that is generally prohibited under federal law for anyone younger than 18.
In Arkansas, the Youth Hiring Act of 2023 eliminated work permits for 15- and 16-year-olds, meaning employers no longer need to keep a work certificate that confirms proof of age, description of the role, and a schedule, with written consent from a parent or guardian.
In 2024, Kentucky lawmakers introduced a bill to allow nonprofits to hire 12- and 13-year-olds (federal law prohibits most non-agricultural employment for children under 14). Two other states—Indiana and New Jersey—have also introduced bills to extend the number of hours minors can be scheduled to work.
According to UNICEF, of the 160 million children in child labour, 79 million are classified as undertaking hazardous work that endangers their wellbeing. While young people gaining work experience can offer social and economic opportunities, there are many risks for children undertaking work beyond their capabilities and suitability.
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Enforcement of laws
In the United States, child labor laws are enforced by the federal government and by each state. While federal laws establish clear rules regarding child labor, many states have also enacted laws regulating youth employment, which can differ from federal regulations. In situations where federal and state laws conflict, employers must comply with the more restrictive law.
The Fair Labor Standards Act (FLSA) from the US Department of Labor (DOL) dictates the working laws for all age groups of minors and subsequent enforcement. The FLSA mandates pay standards, such as minimum wage and overtime pay, hours, and record-keeping, and it regulates different aspects of child labor, such as occupational restrictions. The act also sets the minimum age for children's employment and limits the number of hours minors can work. For instance, children under 14 are not permitted to work in any roles covered under the FLSA, such as meat processing, roofing, or demolition. Children between 14 and 16 years of age may work outside of school hours in non-hazardous, non-manufacturing occupations.
Some states have introduced bills to strengthen the enforcement of child labor laws, such as Colorado, Iowa, Nebraska, and Virginia. Additionally, some states have worked to reduce worker protections for minors, with several states introducing bills to expand youth employment in hazardous occupations. For example, an Iowa bill enacted in 2023 expanded hazardous employment for children as young as 14, in violation of federal law. The bill also set up a "work-based learning" program under which 16-year-olds can perform hazardous work like roofing and demolition, generally prohibited under federal law for anyone younger than 18. Similarly, a Kentucky bill introduced in 2023 would allow nonprofits to hire 12- and 13-year-olds, despite federal law prohibiting most non-agricultural employment for children under 14.
The Department of Labor enforces child labor laws, and employers may be fined for violating them. For instance, restaurants in Iowa have been fined by the US Department of Labor for violating federal child labor laws. However, some states do not enforce the law, and there is a noted conflict between federal child labor laws and state efforts to enhance the economy. As a result, companies must be cautious of which laws apply in the state they operate in.
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Work permits
In Rhode Island, employers play a key role in the work permit process. When hiring minors aged 14-15, employers must fill out the "Intention to Employ a Minor" form. Additionally, they are required to maintain a "Special Limited Permit to Work" form for employees under 16. This permit serves as proof of the minor's age, and employers must keep a copy at the place of business.
The Fair Labor Standards Act (FLSA) sets the federal framework for child labor regulations, including occupational restrictions and minimum age requirements. However, individual states often have their own laws that may impose additional restrictions or exemptions. For example, Georgia has set the minimum working age at 12 years, while Illinois allows 12-year-olds to work in agricultural jobs during school hours.
It's important to note that some states have introduced bills to amend their child labor laws. For instance, Kentucky proposed a bill to allow nonprofits to hire 12 and 13-year-olds, while states like Indiana and New Jersey aim to extend the number of hours minors can work. On the other hand, states like Missouri and West Virginia are seeking to eliminate youth work permits altogether.
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Child labour lawsuits
Child labor remains a key legislative issue in the United States, with several states attempting to weaken child labor protections. Federal laws providing minimum protections for child labor were enacted nearly a century ago, and many states have their own laws regarding the minimum working age for minors in agricultural and non-agricultural jobs. While federal law establishes clear rules regarding child labor, some states have enacted laws that regulate youth employment, and violations of child labor laws have been on the rise.
In 2023, seven bills to weaken child labor protections were introduced in six Midwestern states (Iowa, Minnesota, Missouri, Nebraska, Ohio, and South Dakota) and in Arkansas, where a bill repealing restrictions on work for 14- and 15-year-olds has now been signed into law. In the same year, the Biden administration announced plans to target companies illegally employing migrant youth in hazardous jobs, and several states have introduced bills to strengthen enforcement of child labor laws, including Colorado, Iowa, Nebraska, Virginia, and Kentucky.
The Fair Labor Standards Act (FLSA) sets the conditions under which employers can employ children, regulating different aspects of child labor, such as occupational restrictions and minimum age requirements. Federal law mandates that children under 14 are not permitted to work in any roles covered under the FLSA, and children between 14 and 16 may work outside of school hours in non-hazardous, non-manufacturing occupations. Children aged 16 and over may work in any non-hazardous agricultural job. However, some states have introduced legislation to expand youth employment in hazardous occupations, including Georgia, Illinois, Iowa, Minnesota, and New York.
To address the issue of increasing child labor violations, there have been calls for Congress to increase penalties for child labor violations, eliminate occupational carve-outs that allow for weaker standards in agricultural employment, and implement immigration reforms to curb the exploitation of unauthorized immigrants and unaccompanied migrant youth. At the state level, it is recommended that lawmakers eliminate subminimum wages for youth, raise the minimum wage, strengthen labor standards enforcement, and empower young people to build and strengthen unions.
Several states allow lawsuits against employers for damages when minors are injured or killed during employment in violation of child labor laws, and some states have case law allowing damages lawsuits when state child labor laws are violated. These lawsuits can provide more meaningful redress for minors and deter violations by changing an employer's risk calculus. The creation of a private right of action in relation to child labor violations, with damages for the victims, would enable workers to file lawsuits in court and safeguard their rights. Bipartisan federal proposals, such as the Stop Child Labor Act 85, aim to increase maximum penalties for violations, establish new criminal penalties, and allow victims to file private lawsuits for damages.
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Frequently asked questions
Child labor laws exist to ensure the safety, well-being, and educational opportunities of minor employees.
Yes, states can have different child labor laws. While federal laws establish clear rules regarding child labor, many states have also enacted laws regulating youth employment. In situations where federal and state regulations differ, the provisions of the more restrictive law will apply.
Examples of states with different child labor laws include Iowa, Georgia, Illinois, Kentucky, and Indiana. Iowa introduced a bill to allow 16-year-olds to perform hazardous work, such as roofing and demolition, which is generally prohibited under federal law for anyone younger than 18. Georgia has set the minimum working age at 12, while Illinois allows 12-year-olds to work in agricultural jobs during school hours. Kentucky introduced a bill to allow nonprofits to hire 12- and 13-year-olds, and Indiana has proposed extending the number of hours minors can work.
Child labor laws regulate various aspects, including wages, hours of work, occupational restrictions, and working conditions. The Fair Labor Standards Act (FLSA) sets the federal labor standards for young workers, including minimum wage, overtime pay, record-keeping, and child labor rules.
