Definition · Employment law and regulation

Child Labor Laws

By TapTalent Editorial TeamUpdated

Definition

Child labor laws set the minimum age for work, the hours minors may work and the jobs they may not do. In the US, the Fair Labor Standards Act sets federal rules for workers under 18, and states add their own, often stricter, rules on hours, breaks and work permits. Employers must follow whichever rule is more protective.

Also called: Hiring minors, Youth employment rules, Minor work rules

Federal rules under the FLSA

The FLSA sets the baseline for non-agricultural jobs:

  • Under 14: generally cannot be employed, with exceptions such as delivering newspapers, acting and working in a business owned by their parents (outside hazardous work).
  • 14 and 15: may work outside school hours, no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day and 40 hours in a non-school week, and only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day). Many job types are off limits, including most manufacturing and many food service tasks such as baking and operating certain equipment.
  • 16 and 17: no federal hour limits, but they may not work in jobs the Department of Labor has declared hazardous, such as operating forklifts, power-driven meat slicers or most driving on public roads.
  • 18 and over: federal child labor rules no longer apply.

Employers must keep the date of birth on file for employees under 19.

State rules and work permits

Many states require minors to get a work permit or employment certificate, often through their school, before starting. States may also cap hours for 16 and 17 year olds, require meal breaks, restrict late-night work on school nights or ban certain jobs. Several states have changed their rules in recent years, some loosening and others tightening them, so check the current rules for every state where you hire. Where state and federal law differ, follow the stricter one.

Hiring minors at volume

Retail, hospitality, amusement parks and grocery chains often hire teens in large numbers for seasonal hiring peaks. That is where violations happen: a 15-year-old scheduled until 9:30 p.m. on a school night, or a 16-year-old asked to use the trash compactor because the shift is short.

Practical controls help:

  • Capture date of birth at application and flag under-18 hires in the scheduling system.
  • Build hour and time-of-day limits into scheduling rules so violations are blocked, not caught later.
  • Tag tasks and equipment that minors cannot use and train supervisors on them.
  • Track work permits with expiry dates as part of new hire paperwork.

Penalties are assessed per violation and per minor, so one bad scheduling rule across 20 stores adds up fast.

Frequently asked questions

What is the minimum age to work in the US?

Under the FLSA, 14 is generally the minimum age for most non-agricultural jobs, with exceptions for jobs such as newspaper delivery, acting and family businesses. States may set different rules.

How many hours can a 15 year old work?

Under federal law, up to 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day and 40 hours in a non-school week, between 7 a.m. and 7 p.m. (9 p.m. in summer). State limits may be stricter.

Do minors need work permits?

There is no federal work permit requirement, but many states require one for workers under 16 or under 18. Check the rules in each state where you hire.

What jobs can 16 and 17 year olds not do?

They cannot work in occupations the Department of Labor has declared hazardous, including operating forklifts and certain power-driven machines, most roofing and demolition work, and most driving on public roads.