Child Labor Laws: Where Can Teens Legally Work?

Federal and state child labor laws are intended to protect the health and well-being of minors by limiting the types of jobs and hours of work that minors can do.

Employers must follow state and federal child labor laws. Violations can lead to fines and possible criminal charges. The following is an introduction to child labor laws. For more information and legal help, talk to a local employment and labor attorney.

Federal Child Labor Laws and Enforcement

According to the U.S. Department of Labor (DOL), child labor laws ensure work does not jeopardize the health, well-being, or educational opportunities of young workers.

The primary federal law regulating child labor is the Fair Labor Standards Act (FLSA). FLSA protections include minimum wage and overtime rules and limits on the number of hours and types of work for minors.

Before the 1930s, children under the age of 12 worked in a variety of hazardous industries, including coal mining, garment factories, and saw mills. Employers exploited young workers with low wages or no pay. Through the FLSA, enacted in 1938, workers’ rights activists and lawmakers sought to protect young workers from child labor exploitation.

The DOL Wage and Hour Division (WHD) enforces federal child labor laws. If the WHD finds that an employer has violated child labor laws, there are legal remedies to enforce compliance and help workers get compensation. The WHD can take legal action against employers to enforce federal labor laws. The WHD can also negotiate with employers to reach a settlement.

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Penalties for Child Labor Law Violations

Some of the most common child labor violations involve employers making young workers:

• Work longer than allowed
• Work during school hours
• Drive a forklift or motor vehicle for work
• Work in prohibited occupations

The DOL has self-assessment tools for employers to make sure they comply with federal laws.

Employers face civil penalties for each child labor law violation, with higher penalties for willful or repeated violations or violations involving serious injury or death. The WHD can seek an injunction to stop unlawful child labor and prevent the shipment of affected goods. For serious violations, employers can face criminal penalties, including possible imprisonment.

If the WHD does not find employer violations, workers can file a civil lawsuit against their employer for damages. Damages in an FLSA claim include back wages, liquidated damages, and attorney fees.

State Child Labor Law Protections

Some states have child labor provisions that go beyond the FLSA. For example, some states prohibit working in certain industries or may also increase the minimum age for certain types of work, including door-to-door sales. States commonly regulate working in entertainment, including child actors, models, and performers. When state laws are more restrictive than federal child labor laws, the local state laws apply.

Young workers generally have the same employment rights as older workers, including meal and break requirements, sick leave, benefits, and employment discrimination protections. To find out what labor and employment laws apply to your situation, talk to a local employment lawyer.

Legal Restrictions on Teen Employment

Legal restrictions for the employment of minors depend on several factors, including the type of jobs and the worker’s age. Types of legal restrictions on teen employment include:

• Types of jobs and industries allowed
• Maximum hours of work per day
• Maximum hours per week
• Working before or after certain times of day
• Requiring work permits

Most labor and employment laws apply to all workers, regardless of age. Young workers still have minimum wage and overtime protections. However, some full-time students and disabled workers can receive less than the minimum wage in limited situations.

Types of Jobs Permitted for Teens

Work opportunities for minors depends on their age, industry, and time of the year. For example, teens and children can generally work longer hours on non-school days. There are additional exemptions for young people working in a family business or doing farm work.

Driving a motor vehicle is generally prohibited for minor workers. This also applies to working as an outside helper on motor vehicles. However, there are some exceptions when teens can drive for work. 17-year-olds can drive with a valid license, during daylight hours, and when deliveries are not time sensitive.

The FLSA prohibits minors from working in certain types of hazardous occupations, including:

• Meatpacking, slaughtering, and slicing
• Sawmilling and using power saws and guillotine shears
• Roofing operations
• Firefighting and forestry service
• Power-driven woodworking machines
• Power-driven bakery machines
• Power-driven paper-product machines
• Exposure to ionizing radiation and radioactive substances
• Working with compactors and balers
• Demolition, wrecking, and ship-breaking operations
• Using forklifts, backhoes, and hoisting apparatus
• Coal mining and other mining operations
• Metalworking and shearing machines
• Excavation and trenching work

Work for 16- and 17-Year-Olds

Once young people turn age 16, they have more work opportunities. Sixteen- and 17-year old minors can do any non-hazardous job. The U.S. Secretary of Labor declares which jobs are hazardous for minor workers (including those above).

Work for 14- and 15-Year-Olds

Children under the age of 16 cannot work during school hours. School hours depend on the local public school standards, even if the child is not attending school. Homeschooled minors or children in private schools with different hours can still not work during their local public school hours.

Certain types of jobs are prohibited for 14- and 15-year-olds, including door-to-door sales, using power-driven machinery, construction, and cooking over an open flame.

Work for Children 13 and Younger

Most jobs are off-limits for children under the age of 14. Children can do some jobs, including delivering newspapers, babysitting, small chores, and working for family business. Children under 14 can also do non-hazardous farm work on small farms with parental permission or working on family farms.

Working Hours and Conditions for Teen Employees

Workers under the age of 16 cannot work before 7 a.m. anytime of the year or after 7 p.m. during the school year (including Saturdays or during spring break). During the rest of the year, these young workers cannot work past 9 p.m.

Minors cannot work shifts more than 3 hours on a school day or 8 hours on other days. Workers under 16 cannot work more than 18 hours in a school week or 40 maximum hours a week at other times of the year.

There are different working hours and conditions for young workers doing farm work. For permitted farm jobs, workers under 16 cannot work during school hours. Once they turn 16, they can work on a farm at any time, inside or outside school hours.

Get a Lawyer for Legal Compliance and Advice

For a legal analysis of your employment operations, talk to an employment law attorney. An attorney can review your employment policies and identify areas of concern. Contact a local employment and labor law attorney for legal advice.