Introduction to Child Labor Laws
Child labor laws are regulations designed to protect the safety, health, education, and welfare of minors in the workplace. These laws restrict the types of jobs, working conditions, and hours that young people can work based on their age. Child labor regulations exist at both federal and state levels, with state laws sometimes providing additional protections beyond federal requirements. Understanding and complying with these regulations is essential for employers, parents, educators, and young workers themselves.
Core Federal Regulations
Fair Labor Standards Act (FLSA)
The FLSA is the primary federal law governing child labor in the United States. Administered by the Department of Labor’s Wage and Hour Division, it sets nationwide standards for:
- Minimum ages for employment
- Hours and times children can work
- Prohibited occupations
- Work permit requirements
- Minimum wage provisions
Age-Based Restrictions
| Age Group | Basic Work Permissions | Prohibited Work |
|---|---|---|
| Under 14 | Limited to certain agricultural jobs, performing arts, family business (with restrictions), delivering newspapers | Most formal employment prohibited |
| 14-15 | Retail, food service, office work, intellectual/creative work (with hour restrictions) | Manufacturing, mining, hazardous jobs |
| 16-17 | Most jobs with no hour restrictions | 17 Hazardous Occupations (HOs) defined by the Department of Labor |
| 18+ | No restrictions under child labor laws | None – adult labor laws apply |
Hour Restrictions (Federal)
Ages 14-15 (School Year)
- Maximum 3 hours on school days
- Maximum 18 hours per school week
- Cannot work before 7:00 AM or after 7:00 PM (except 9:00 PM from June 1 through Labor Day)
- Cannot work during school hours
Ages 14-15 (Non-School Days)
- Maximum 8 hours on non-school days
- Maximum 40 hours per non-school week
- Cannot work before 7:00 AM or after 7:00 PM (except 9:00 PM from June 1 through Labor Day)
Ages 16-17
- No federal restrictions on hours
- State laws may impose additional restrictions
- Prohibited from working in hazardous occupations
Hazardous Occupations (HOs) Prohibited for Minors Under 18
- Manufacturing or storing explosives
- Driving a motor vehicle or being an outside helper on motor vehicles
- Coal mining
- Forest fire fighting and prevention, timber tract, forestry service, and logging occupations
- Operating power-driven woodworking machines
- Exposure to radioactive substances and ionizing radiation
- Operating power-driven hoisting equipment
- Operating power-driven metal forming, punching, and shearing machines
- Mining, other than coal mining
- Operating power-driven meat processing equipment, including meat slicers and other food slicers
- Operating power-driven bakery machines
- Operating power-driven paper-products machines
- Manufacturing brick, tile, and similar products
- Operating power-driven circular saws, band saws, and guillotine shears
- Wrecking, demolition, and shipbreaking operations
- Roofing operations and work on or about a roof
- Excavation operations
Industry-Specific Regulations
Agricultural Employment
- Different standards apply to agricultural employment
- Children of any age may work on farms owned by their parents
- Children ages 12 and up may work on farms with parental consent
- Restricted from hazardous agricultural tasks if under 16
- Special exemptions exist for certain seasonal work
Entertainment Industry
- Special provisions for child actors, performers, and models
- Requirements often include:
- Work permits specific to entertainment
- Limited working hours
- Educational requirements
- Presence of guardian or child welfare representative
- Trust accounts (Coogan accounts) for portion of earnings
- Regulations vary significantly by state
Family Business Exemptions
- Children of any age may be employed by their parents in a non-agricultural business (except mining, manufacturing, or hazardous occupations)
- Limited to businesses wholly owned by the parent or guardian
- Does not apply to businesses partially owned by parents or to corporations
State-Specific Considerations
State vs. Federal Law
- When state and federal laws differ, the stricter standard applies
- Some states have more protective provisions than federal law
- Some states have fewer restrictions in certain areas
Common State-Level Variations
- Work permit/working papers requirements and procedures
- Maximum hours for 16-17 year olds (some states have restrictions while federal law does not)
- Break requirements specific to minors
- Industry-specific regulations (e.g., additional restrictions in retail, food service)
- School attendance requirements in relation to work
States with Notable Additional Protections
- California: Stricter hour limitations and industry-specific rules
- Massachusetts: More restrictive night work provisions
- Washington: Additional break requirements
- New York: Comprehensive permit system with school performance requirements
Compliance Requirements for Employers
Documentation and Recordkeeping
- Employment/age certificates or work permits
- Proof of age documentation
- Time records (particularly important for workers under 16)
- Parental consent forms (when required)
- Posting requirements of child labor laws in visible locations
Common Compliance Steps
- Verify age before hiring (birth certificate, driver’s license, etc.)
- Obtain proper work permits/working papers
- Maintain accurate records of hours worked
- Ensure work schedules comply with hour restrictions
- Provide required breaks and meal periods
- Train supervisors on child labor requirements
- Regularly review job duties against prohibited tasks
- Post required notices in the workplace
Penalties for Violations
Federal Penalties
- Civil monetary penalties up to $15,138 per violation (adjusted periodically for inflation)
- Willful violations may result in increased penalties
- Repeated or willful violations can result in criminal prosecution
- Hot goods provision can prevent shipment of goods produced in violation of law
State Penalties
- Vary by state but may include:
- Monetary fines (sometimes higher than federal penalties)
- Business license suspension
- Criminal charges in severe cases
- Education or compliance programs
Common Challenges and Solutions
| Challenge | Solution |
|---|---|
| Tracking hours for students | Implement digital time tracking systems with automatic alerts for approaching hour limits |
| Seasonal workforce fluctuations | Develop compliant schedules in advance of peak seasons; maintain age-diverse workforce |
| Varying state requirements | Create state-specific compliance checklists; consult with employment counsel |
| Training supervisors | Regular training on child labor provisions; clear escalation procedures for questions |
| Job rotation and prohibited tasks | Document task restrictions by age; implement visual identification system |
| Work permit management | Centralized digital system for tracking permit status and expiration dates |
Best Practices for Employers
- Designate a child labor compliance coordinator
- Create age-specific job descriptions that clearly identify permitted and prohibited tasks
- Implement color-coded badges or other visual systems to help identify age groups
- Conduct regular compliance audits of schedules, duties, and documentation
- Establish clear procedures for obtaining and renewing work permits
- Train all supervisors and managers on child labor provisions
- Include child labor compliance in employee handbooks
- Consider state-specific requirements when operating in multiple jurisdictions
- Implement systems to track school year vs. non-school year scheduling rules
- Maintain open communication with parents and schools
Best Practices for Young Workers and Parents
- Understand rights and restrictions before beginning employment
- Obtain required work permits/papers before starting work
- Keep track of hours worked, especially during school weeks
- Be familiar with prohibited job duties and say no to unsafe tasks
- Know who to contact with concerns (supervisor, parent, school counselor, or labor department)
- Balance work and education appropriately
- Understand industry-specific exemptions that might apply
- Keep copies of all work-related paperwork
- Be aware of required breaks and meal periods
Resources for Further Information
Federal Resources
- U.S. Department of Labor, Wage and Hour Division: www.dol.gov/whd
- YouthRules! Initiative: www.youthrules.gov
- OSHA Young Worker Resources: www.osha.gov/youngworkers
- Department of Labor elaws Advisors: www.dol.gov/elaws
State Resources
- State labor department websites
- State education department resources on work permits
- School guidance counselor offices
Employer Guidance
- Department of Labor Compliance Assistance Materials
- Industry association guidance for specific sectors
- Small Business Administration resources
- Employment law firms specializing in wage and hour compliance
Compliance Tools
- Work permit applications and tracking systems
- Hour calculation worksheets and digital tools
- Task assignment checklists by age group
- Self-audit tools for child labor compliance
- Scheduling software with built-in compliance features
Emerging Trends and Considerations
- Remote work arrangements and applicability of child labor laws
- Gig economy participation by minors
- Social media influencer work by young people
- Internship and apprenticeship programs
- Changes in hazardous occupation determinations due to new technologies
- State-level movements to strengthen or modify existing protections
- International standards and their influence on domestic regulations
Historical Context and Evolution of Child Labor Laws
Child labor laws have evolved significantly from their origins in the early 20th century when child labor was widespread in manufacturing, mining, and agriculture. Key milestones include:
- 1916: First federal child labor law (Keating-Owen Act)
- 1938: Fair Labor Standards Act established nationwide standards
- 1949: Hazardous Occupations Orders finalized
- 1974: FLSA amendments strengthened protections
- 1990s-present: Updates to hazardous occupation definitions and penalty structures
Understanding this evolution helps contextualize the importance of these protections and their continued relevance in today’s workplace environment.