Cameron Miranda
Child labor laws are in place to protect the health, well-being, and education of minors under 18 who are employed. These laws vary by state and the type of occupation, and they restrict the number of hours a minor can work in a day or week, as well as the type of work they are allowed to do. For example, in Texas, minors aged 16-17 have no restrictions on work hours, while those aged 14-15 cannot work more than 8 hours a day and 48 hours a week. In Washington, minors are not allowed to work during school hours and are subject to different work hour rules depending on their age. Understanding these laws is crucial for employers to ensure compliance and avoid legal consequences.
| Characteristics | Values |
|---|---|
| Age group | 14-15 years old |
| Maximum hours per day | 8 hours |
| Maximum hours per week | 40 hours |
| Maximum hours per day (when school is in session) | 3 hours |
| Maximum hours per week (when school is in session) | 18 hours |
| Minimum age for employment in non-agricultural occupations | 14 years old |
| Occupations that are banned for minors under FLSA | Manufacturing or storing explosives, driving a motor vehicle, coal mining, forest fire fighting, exposure to radioactive substances, operating power-driven hoisting apparatus, operating power-driven metal-forming machinery, mining, operating power-driven meat-processing machinery, operating power-driven bakery machinery |
| State-specific variations | Texas: no restrictions on the number of hours for 16-17 year-olds; Washington: 16-17 year-olds can work any hours if they are a parent or emancipated |
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What You'll Learn
State vs federal laws
Child labor laws in the US are designated by the Fair Labor Standards Act of 1938 (FLSA). Federal and state laws govern the employment of young workers, and when both are applicable, the law with the stricter standard must be obeyed. If a state doesn't have its own child labor laws, it defaults to federal minor labor laws. Many states use a combination of federal law and their own state modifications.
Federal law states that 14- and 15-year-olds cannot work over eight hours a day, with no more than three hours on a school day, and over 40 hours a week, with no more than 18 hours per week while in school. They are not allowed to work before 7 a.m. or after 7 p.m., except between June 1 and Labor Day when the evening hour is extended to 9 p.m. There are no federal laws restricting how many hours 16- to 18-year-olds can work. However, most states have their own laws regarding the number of hours a child can work.
Some states allow minors under 16 to work just three hours per day on a school day in accordance with federal law, while other states give employers and minors more flexibility with the hours they’re allowed to work when school is in session. Some states also allow minors to work outside these laws with expressly written consent from a parent or legal guardian and/or the school the minor attends.
State laws can also be more restrictive than federal laws in other ways. For example, in Texas, a person may employ a child to operate a motor vehicle for a commercial purpose under certain conditions. In Illinois, minors aged 14 or older employed in recreational or educational activities by a park district or municipal parks and recreation department may work up to three hours per school day twice a week until 9 p.m., while school is in session. In New York, minors aged 16 and 17 are prohibited from working more than 28 hours per week while school is in session. In Wisconsin, 16- and 17-year-olds must be paid time and a half for work in excess of 10 hours per day or 40 hours per week. In Maine, minors under 16-17 enrolled in school may work up to 50 hours during any week that school is in session for fewer than three days.
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Hours during school
The number of hours a minor can work during a school week varies depending on their age, the type of work, and the state they are in. In general, minors are restricted in the number of hours they can work during a school week to ensure their health, well-being, and education are prioritised.
For minors under 14 years of age, employment in non-agricultural occupations is prohibited by the Fair Labor Standards Act (FLSA). However, they may be employed in certain exempt jobs, such as delivering newspapers or acting. They may also perform work that is not covered by the FLSA, such as minor chores or casual babysitting.
For 14 and 15-year-olds, the FLSA and some state laws restrict their working hours during a school week. They are typically limited to working no more than 3 hours per day and 18 hours per week. Additionally, they may have restrictions on the times they can work, such as not working after 7 pm or before 7 am during the school year. Some states may have more restrictive or flexible laws regarding these hours.
In Texas, 14 and 15-year-olds follow similar restrictions, with a limit of 8 hours per day and 48 hours per week when school is not in session, and 3 hours per day and 18 hours per week when school is in session. They are also not allowed to work during school hours or after 10 pm on a day followed by a school day.
For 16 and 17-year-olds, the restrictions vary depending on the state and their specific circumstances. In some states, such as Texas, there are no restrictions on the number of hours or times of day they may work. However, they may still be subject to certain restrictions, such as not working during school hours or after a certain time on a school night. Additionally, they may need to provide documentation of their emancipation, marriage, or parenthood to work without restrictions.
It is important to note that each state may have its own modifications to federal law, so it is crucial to refer to the specific laws in your state to understand the allowed working hours for minors during a school week.
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Hours outside of school
The number of hours a minor can work outside of school varies depending on their age, the type of work, and the state they are in. Here are some general guidelines and specific examples:
Federal Law
According to the Fair Labor Standards Act (FLSA), minors under 16 years old should not work more than 8 hours per day and 40 hours per week when school is not in session. During the school year, they are limited to 3 hours per day and 18 hours per week. Federal law also restricts nightly hours for minors under 16, prohibiting them from working after 7 pm or before 7 am during the school year and allowing them to work until 9 pm from June 1st to Labor Day.
State Laws
State laws may differ from federal law, and employers must comply with the more restrictive law. For example, in Texas, 16 and 17-year-olds have no restrictions on work hours, while 14 and 15-year-olds can work up to 8 hours per day and 48 hours per week. In Washington, minors are allowed to work limited hours compared to adults, and their work hours depend on their age and the type of work.
Exemptions and Special Cases
Some states allow minors to work outside the standard laws with written consent from a parent or legal guardian. Additionally, teens aged 16-17 may work without restrictions if they are married, parents, enrolled in college courses, or have completed high school. However, they are still subject to other teen labor laws regarding prohibited duties, wages, breaks, and meal periods.
Prohibited Occupations
The FLSA and state laws also prohibit minors from certain types of work that are deemed hazardous or detrimental to their health and well-being. This includes jobs involving explosives, motor vehicles, coal mining, forest fire-related work, exposure to radioactive substances, and operating certain power-driven machines.
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Types of work allowed
The types of work allowed for minors vary depending on the country or state in question, as well as the age of the minor. Here is a list of the types of work allowed for minors, with a focus on US federal law:
Under 14s
Children under 14 years old are generally not permitted to work in non-agricultural jobs. However, they may deliver newspapers or perform in theatre, film, or television. They can also do minor chores around private homes or casual babysitting.
14- to 15-year-olds
At this age, minors are allowed to work in specific circumstances, such as in grocery stores or amusement parks, but they are prohibited from performing certain tasks. For example, they cannot work over 8 hours a day, with no more than 3 hours on a school day, and over 40 hours a week, with no more than 18 hours per week while in school. They are also prohibited from working before 7 a.m. or after 7 p.m. (with an extension to 9 p.m. during the summer). They cannot work during school hours, and they are prohibited from operating machinery and performing other hazardous tasks.
The Work Experience and Career Exploration Program (WECEP) offers exceptions to child labour regulations, allowing 14- and 15-year-olds to be employed in otherwise prohibited circumstances, providing them with a carefully planned work experience and career exploration program.
16- to 18-year-olds
From ages 16 to 18, minors are allowed to work in a wider range of jobs, although there are still restrictions on certain types of work. For example, federal law prohibits those under 18 from working in jobs deemed too dangerous for children, such as coal mining, logging, and operating power-driven machinery. However, there are some exceptions to these rules. For example, 16- and 17-year-olds are permitted to operate certain lightweight, small, portable, countertop mixers and certain pizza dough rollers under certain conditions. Additionally, 17-year-olds may drive cars or small trucks during daylight hours for limited times and under strictly limited circumstances.
It is important to note that each US state has its own laws regarding the employment of minors, and these laws may be more or less restrictive than federal law. When there is a conflict between state and federal law, the law that is more protective of minors will apply.
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Penalties for violations
Child labor laws in the United States are governed by the Fair Labor Standards Act (FLSA) and enforced by the Wage and Hour Division (WHD) of the Department of Labor (DOL). The FLSA prohibits employers from employing minors in commerce or in the production of goods for commerce, and sets the minimum age for most non-farm work at 16 years.
The penalties for violating child labor laws can vary depending on the nature and severity of the violation, as well as the jurisdiction in which it occurs. Here is an overview of some key penalties:
- Civil Money Penalties (CMPs): The WHD can impose CMPs on employers found to be in violation of child labor laws. As of 2024, the penalty structure is assessed on a per-violation basis, rather than a per-child basis. Each violation can result in a penalty of up to $15,138. If the violation causes the death or serious injury of a minor employee, the penalty can increase to up to $68,801.
- Criminal Fines and Imprisonment: Willful violations of the FLSA can result in criminal fines of up to $10,000. A second conviction for a willful violation can lead to a fine of up to $10,000, imprisonment for up to six months, or both.
- State-Specific Penalties: It is important to note that state child labor laws may differ from federal laws. In cases where a state law is more restrictive than the FLSA, the state law takes precedence. Employers must ensure they are compliant with both federal and state regulations to avoid penalties.
- Injunctive Relief: The Secretary of Labor may bring suit to obtain injunctions to restrain employers from continuing to violate the FLSA.
- Record-Keeping Requirements: Employers are mandated to maintain records of employees' dates of birth, daily starting and quitting times, weekly hours of work, and occupations for individuals under 19 years of age. Failure to comply with these record-keeping requirements can result in penalties, as they hinder the ability to verify compliance with child labor laws.
- Employee Rights: The FLSA protects employees who file complaints or cooperate with investigations. Employers are prohibited from retaliating against employees who exercise their rights under the FLSA.
To avoid penalties, employers should take proactive measures to ensure compliance with child labor laws, including verifying employee ages, maintaining proper records, and staying informed about any updates to federal and state regulations.
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Frequently asked questions
Children under 14 may not be employed in non-agricultural jobs covered by the Fair Labor Standards Act (FLSA). They can, however, perform work that is exempt from the FLSA, such as delivering newspapers or acting. They can also do minor chores around private homes or casual babysitting.
Minors who are 14 or 15 can work up to 8 hours a day and 40 hours a week when school is not in session. When school is in session, they can work up to 3 hours a day and 18 hours a week. They must also have a 30-minute documented meal break if they work more than 5 hours.
In some states, 16 and 17-year-olds have no restrictions on the number of hours or times of day they may work. However, they are still subject to other teen labour laws regarding prohibited duties, wages, breaks, and meal periods.
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