Child Labor Laws: Age Tiers, Hour Limits, and Penalties

Federal child labor laws generally set 14 as the minimum age for non-agricultural work, cap the hours and times that 14- and 15-year-olds can be scheduled, bar anyone under 18 from occupations the Secretary of Labor has declared hazardous, and apply a looser set of rules to farm work. These standards come from the Fair Labor Standards Act of 1938 and are enforced by the Department of Labor’s Wage and Hour Division.1Office of the Law Revision Counsel. 29 USC Ch. 8 – Fair Labor Standards State laws often add more.

Minimum Age by Tier

The federal framework layers restrictions by age. Each birthday loosens them:

The parent-owned business exception is narrower than it sounds. Children of any age may work for their parents, but those under 16 still cannot work in mining or manufacturing, and no one under 18 may perform work covered by the Hazardous Occupations Orders, even on a parent’s payroll.2U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations

Hour and Time-of-Day Limits for 14- and 15-Year-Olds

The tightest scheduling rules apply to this age group. While school is in session, they may work no more than 3 hours on a school day and 18 hours in a school week. When school is out for summer or other breaks, the limits rise to 8 hours per day and 40 hours per week.3eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements of Interpretation

The clock matters too. From Labor Day through May 31, work is allowed only between 7 a.m. and 7 p.m. During the summer stretch from June 1 through Labor Day, the evening cutoff shifts to 9 p.m.3eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements of Interpretation Workers aged 16 and 17 face no federal restriction on hours or scheduling, although state law often steps in.

Federal law does not require employers to give minors rest breaks or meal periods. Short breaks of 5 to 20 minutes, when offered, count as paid time; meal periods of 30 minutes or more generally do not, but no federal rule forces an employer to provide either.4U.S. Department of Labor. Breaks and Meal Periods Many states do require breaks for minors, so check state rules rather than assuming federal law covers it.

Jobs That Are Off Limits

The Department of Labor maintains Hazardous Occupations Orders that bar anyone under 18 from certain work. Prohibited jobs include manufacturing or storing explosives, coal mining, logging and sawmill operations, roofing, excavation, and operating power-driven equipment such as forklifts, meat slicers, and circular saws.5U.S. Department of Labor. FLSA – Child Labor Rules The list also covers work with radioactive materials, brick manufacturing, and operating balers or compactors.3eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements of Interpretation

Workers aged 14 and 15 face a longer separate list. They cannot work in manufacturing, mining, processing, warehousing, or transportation jobs. They are barred from operating almost any power-driven machinery, including lawn mowers, food slicers, and food grinders. Loading or unloading trucks and railroad cars is off limits. All baking and most cooking is prohibited, with only narrow exceptions for certain equipment at food service counters. They also cannot do maintenance or repair work on machines, work from ladders or scaffolds, or prepare meat for sale.6eCFR. 29 CFR 570.33 – Prohibited Occupations for 14- and 15-Year-Olds

Enforcement problems tend to concentrate here. A restaurant manager who asks a 15-year-old to run a deli slicer, or a retail supervisor who sends a teen to help unload a delivery truck, may not realize they have crossed a federal line. Both count as violations.

Farm Work Follows Different Rules

Agricultural employment operates under a separate and more permissive set of thresholds:

The family farm exemption is much broader than the parent-owned business rule on the non-agricultural side. Children of any age may perform any job, including hazardous work, on a farm owned or operated by their parents.7U.S. Department of Labor. Fact Sheet 40 – Overview of Youth Employment (Child Labor) Provisions for Agricultural Occupations Agricultural hazardous occupation orders apply only to workers under 16, so once a farm worker turns 16, federal restrictions drop away entirely.3eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements of Interpretation

Pay for Young Workers

Employers may pay a youth minimum wage of $4.25 per hour to workers under 20 during their first 90 consecutive calendar days on the job.9U.S. Department of Labor. Fact Sheet 32 – Youth Minimum Wage – Fair Labor Standards Act After 90 days or the worker’s 20th birthday, whichever comes first, pay must rise to at least the federal minimum wage of $7.25 per hour.10U.S. Department of Labor. State Minimum Wage Laws Employers cannot fire or cut hours of existing adult workers to bring in teens at the lower rate.11U.S. Department of Labor. Fair Labor Standards Act Advisor – Wages for Youth

A separate program allows employers to pay full-time students no less than 85% of the federal minimum wage, currently about $6.16 per hour, at certain retail, service, agricultural, or college work-study jobs. It requires a certificate from the Department of Labor, and the student’s hours generally cannot exceed 20 per week while school is in session.12eCFR. 29 CFR Part 519 – Employment of Full-Time Students at Subminimum Wages Student-learners in vocational education programs can be paid as low as 75% of the minimum wage under a similar certificate.13U.S. Department of Labor. Subminimum Wage

Most states and many cities have minimum wages higher than $7.25. When state and federal wage rules differ, the employer must pay the higher rate. A teen in a state with a $15 minimum earns $15 after the youth wage period ends, no matter what the federal floor says.

State Laws Often Add More

Federal standards are a floor, not a ceiling. Every state has its own youth employment laws, and when a state rule is more protective, the stricter one applies. In practice, that means many states set tighter hour limits on 16- and 17-year-olds (whom federal law does not restrict on hours), require work permits at ages where federal law does not, or set higher minimum ages for particular jobs. Some states also mandate rest breaks for minors, filling a gap federal law leaves open. Employers must follow whichever rule gives the young worker more protection.

Age certificates, often called work permits, are typically issued through a school district office or state labor department. Acceptable proof-of-age documents under federal rules include a birth certificate, baptismal record, or passport,3eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements of Interpretation and the Secretary of Labor can require employers to keep such records.14Office of the Law Revision Counsel. 29 USC 212 – Child Labor Provisions

Penalties for Violations

Civil penalties are steep and have been adjusted upward in recent years. The current civil penalty is up to $16,035 per employee for each violation of federal child labor rules. When a violation causes the death or serious injury of a worker under 18, the maximum penalty rises to $72,876, and that figure can be doubled if the violation was willful or repeated.15U.S. Government Publishing Office. 29 CFR Part 579 – Child Labor Violations – Civil Money Penalties

“Serious injury” is defined broadly. It includes permanent loss or substantial impairment of a sense (sight, hearing, touch), loss of function of any body part or organ, and permanent paralysis or loss of mobility.16Office of the Law Revision Counsel. 29 USC 216 – Penalties Willful violations of the FLSA can also lead to criminal prosecution. Penalties apply per child, so an employer with three minors in hazardous jobs faces three separate assessments.

How to Report a Suspected Violation

Anyone who believes a child labor law is being broken can file a complaint with the Wage and Hour Division by calling 1-866-487-9243 or using the Department of Labor’s online contact form. The caller is connected to the nearest regional office.17U.S. Department of Labor. How to File a Complaint Complaints can come from the minor, a parent, a coworker, or any other observer. Investigators then review the employer’s records, job assignments, and time logs.