FLSA Child Labor Civil Money Penalties: Tiers, Defenses, and Appeals

Federal civil money penalties for child labor violations under the Fair Labor Standards Act reach $16,035 per minor for a standard violation in 2026, and up to $72,876 when a worker under 18 suffers serious injury or death on the job. That second figure doubles to $145,752 if the violation was willful or repeated. The Wage and Hour Division of the U.S. Department of Labor assesses these penalties, and because they apply per minor and per violation type, a single investigation can produce assessments well into six figures.

The Two Penalty Tiers in 2026

The FLSA sets statutory base amounts of $11,000 for standard child labor violations and $50,000 for violations causing serious injury or death. Both are adjusted for inflation each year.¹ After the 2026 adjustment, the enforceable ceilings are:

Up to $16,035 per minor employed in violation of the age, hours, or hazardous occupation rules.²
Up to $72,876 per violation that causes the serious injury or death of a worker under 18.²
Up to $145,752 per violation when a willful or repeated violation causes serious injury or death.¹

“Serious injury” is a defined term. It means permanent loss or substantial impairment of a sense, a bodily organ, a limb, or mobility. A broken arm that heals completely does not qualify; the loss of a finger does.²

These are per-minor, per-violation caps. Five teenagers assigned to a prohibited meat slicer produce five separate assessments. If the same minor was employed underage, worked prohibited hours, and was assigned hazardous work, each violation type can carry its own penalty.

How the Wage and Hour Division Sets the Amount

The statute directs investigators to weigh the size of the business and the gravity of the violation.¹ In practice, WHD starts from the maximum and adjusts using a scoring system of specific aggravating and mitigating factors.³

Aggravating factors that push the penalty up:

Prior WHD findings of child labor violations against the employer (+20%).
Willfulness, meaning the employer knew the conduct was unlawful or showed reckless disregard for the rules (+20%).
Three or more minors at the same establishment employed in violation (+10%).
A minor employed below the legal minimum age for the type of work, with no applicable exception (+20%).
Assignment to a job covered by a hazardous occupation order (+20%).
Any injury to the minor during the illegal employment, even a non-serious one (+25%).
Failure to keep required age verification records (+10%).

Mitigating factors that can bring the penalty down include a short duration of illegal employment (one week or less, but not when hazardous work was involved), the absence of injury, and hours violations that fall outside the scope of any hazardous occupation order.³ Poor recordkeeping does double damage: it eliminates a defense and adds its own aggravation.

What Counts as a Violation

Penalties flow from three categories of rule-breaking under the FLSA’s definition of “oppressive child labor.”⁴

Minimum age. The general minimum employment age for non-agricultural work is 16. Fourteen- and 15-year-olds may work only in a narrow set of approved occupations. Anyone under 14 in a non-agricultural job is a violation on its face.

Hazardous occupation orders. Seventeen orders bar workers under 18 from particularly dangerous non-agricultural jobs, including operating power-driven woodworking and meat-processing machines, roofing, working with explosives, and handling radioactive materials.⁵ The orders are categorical. Supervision, prior experience, and the minor’s willingness are irrelevant.

Hours and time-of-day limits. Fourteen- and 15-year-olds may work only outside school hours, no more than 3 hours on a school day and 18 in a school week, rising to 8 and 40 during school breaks. Shifts must fall between 7 a.m. and 7 p.m. in the school year, extended to 9 p.m. from June 1 through Labor Day.⁶

Agriculture has its own age thresholds and its own hazardous occupation orders (those apply to workers under 16, not under 18), but the civil money penalty structure is identical.⁷

The Hot Goods Shipping Ban

Civil money penalties are not the only financial consequence. The FLSA also prohibits shipping in interstate commerce any goods produced at an establishment where oppressive child labor was employed within the 30 days before the goods were removed.⁸ The Department of Labor can seek a court injunction to block shipment.⁹

The 30-day window matters. Goods that left the facility for any reason during that period, including moving them for storage or granting a security interest, remain tainted even after the violation is corrected.⁵ For a manufacturer, a child labor finding can freeze an entire production run on top of the assessed penalty. A safe harbor exists for downstream purchasers who bought in good faith with a written assurance from the producer that the goods complied with the law, but the written assurance must exist at the time of purchase.⁸

The One Defense: A Valid Age Certificate

The FLSA gives employers a single explicit defense against a finding of oppressive child labor. If a valid, unexpired age certificate is on file for the minor (either a federal certificate issued through WHD or a state-issued employment or age certificate from an approved state agency), the employment is not treated as oppressive child labor even if the minor turns out to have been underage.¹⁰

Regulations recommend getting a certificate whenever a minor claims to be within a year or two of the minimum age for the job, or when the minor’s appearance suggests they may be younger than claimed.¹⁰ Separately, FLSA recordkeeping rules require employers to keep the date of birth for every employee under 19, along with three years of payroll records and two years of supporting time records.¹¹

Paying the Penalty

After an investigation, WHD sends a written notice identifying the violations and the total penalty. The employer has 15 days from receipt to pay or challenge it. If nothing is filed within 15 days, the penalty becomes final and the right to appeal is gone.²

Payment is normally made through Pay.gov, the Treasury’s secure portal, which accepts electronic transfers and credit cards.¹² A certified check or money order sent to the regional WHD office listed on the notice also works. Include the case number so the payment posts correctly. Unpaid penalties are referred to Treasury for collection.

Contesting the Penalty

An employer who disputes the assessment files a written exception with the WHD official who issued the notice, within the same 15-day window. No special form is required; the exception must identify the disputed findings and explain why.¹³ Filing the exception suspends the penalty pending resolution.

The case then goes to an Administrative Law Judge, who takes evidence and testimony and issues a decision that affirms, reduces, or overturns the penalty. Either side can appeal to the Department of Labor’s Administrative Review Board within 30 days.¹³ Missing the 15-day or 30-day deadline ends the appeal. No extra time is granted for mailing.

Criminal Exposure Is Separate

Civil money penalties are the FLSA’s primary tool, but not the only one. Willfully violating the child labor provisions is a criminal offense punishable by a fine of up to $10,000, up to six months in jail, or both, with imprisonment available on a second conviction.¹⁴ Criminal prosecutions are far less common than administrative assessments, but the two tracks are independent. An employer can face a WHD civil penalty and a separate Justice Department criminal case arising from the same facts.

1
Office of the Law Revision Counsel. 29 USC 216 – Penalties
2
eCFR. 29 CFR Part 579 – Child Labor Violations, Civil Money Penalties
3
U.S. Department of Labor. Field Assistance Bulletin No. 2023-4
4
Office of the Law Revision Counsel. 29 USC 203 – Definitions
5
eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements of Interpretation
6
U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the Fair Labor Standards Act (FLSA) for Nonagricultural Occupations
7
U.S. Department of Labor. Child Labor Rules for Agricultural Employment
8
Office of the Law Revision Counsel. 29 USC 212 – Child Labor Provisions
9
eCFR. 29 CFR Part 789 – General Statement on the Provisions of Section 12(a) and Section 15(a)(1)
10
eCFR. 29 CFR Part 570 Subpart B – Certificates of Age
11
U.S. Department of Labor. Fact Sheet 21 – Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)
12
Pay.gov. Pay.gov – Home
13
eCFR. 29 CFR Part 580 – Civil Money Penalties, Procedures for Assessing and Contesting Penalties
14
Office of the Law Revision Counsel. 29 USC 216 – Penalties