Employer Guide to Hiring Minors and Youth Employment Laws

Hiring minors requires compliance with both federal child labor provisions under the FLSA and state youth employment laws, which are often stricter. Violations can result in civil penalties, and in cases of willful violation leading to serious injury or death, criminal penalties are possible.

Federal Child Labor Rules

The FLSA sets minimum age standards for employment:

• 18 years and older: No restrictions on hours or types of work
• 16 and 17 years old: May work unlimited hours in any non-hazardous occupation
• 14 and 15 years old: May work in certain approved occupations with significant hour restrictions
• Under 14: Generally may not be employed, with limited exceptions for family businesses, acting, and newspaper delivery

Hour Restrictions for 14- and 15-Year-Olds

Federal law limits when and how long 14- and 15-year-olds may work:

• No more than 3 hours on a school day
• No more than 18 hours in a school week
• No more than 8 hours on a non-school day
• No more than 40 hours in a non-school week
• Work hours must fall between 7 a.m. and 7 p.m. (extended to 9 p.m. from June 1 through Labor Day)

These restrictions apply to the entire calendar year regardless of whether the minor is actually attending school.

Hazardous Occupations

The Secretary of Labor has declared 17 categories of hazardous occupations off-limits for workers under 18, including:

• Manufacturing and storing explosives
• Driving a motor vehicle or working as an outside helper on a motor vehicle
• Mining and logging
• Operating power-driven woodworking, metalworking, and bakery machines
• Operating power-driven meat processing equipment
• Roofing and demolition work
• Excavation operations

There are limited exemptions for apprentices and student learners in some hazardous occupations under specific conditions.

State Law Requirements

Many states impose additional requirements:

• Work permits: Many states require minors to obtain a work permit or employment certificate before beginning work
• Stricter hour limits: Some states have tighter restrictions on hours than federal law
• Additional prohibited occupations: States may ban minors from additional types of work
• Meal and rest break requirements: Some states require specific breaks for minor employees
• Record retention: States may require employers to keep work permits on file and maintain specific records

Always check the youth employment laws in your state, as the stricter standard between federal and state law applies.

Best Practices for Employers

When hiring minors:

• Verify age before employment begins
• Obtain required work permits and keep them on file
• Create work schedules that comply with both federal and state hour restrictions
• Post required federal and state youth employment posters
• Train supervisors on hour restrictions and prohibited tasks
• Review job duties to ensure no hazardous work is assigned
• Monitor work hours carefully, especially during the school year
• Maintain accurate records of hours worked by minor employees