The FLSA child labor provisions are designed to protect the educational opportunities of youths and prohibit their employment in jobs and under conditions detrimental to their health and well-being. Many states also have child labor laws.
Where a state child labor law is less restrictive than the federal law, the federal law applies. Where a state child labor law is more restrictive than the federal law, the state law applies.
To assist employers with mitigating risk in this area of employment law, we want to equip you with all the necessary resources you will need to ensure compliance with federal and state child labor laws. In this resource update, you will have all official agency and state links.
Common Child Labor Violations
- Working longer or later than legally allowed
- Driving a motor vehicle or forklift
- Using meat-processing machines
- Performing dangerous jobs that are off-limits for their age
- Under legal age for employment
- Parents hiring their own children without reviewing state law requirements
Most Common Industries for Child Labor Violations
- Amusement/Recreation
- Construction
- Retail
- Food Service
State Guides
- Minimum Age and Maximum Hour requirements
- Prohibited Work (Night and Hazardous)
- Minors Under 18 in Non-farm Employment
- Child Entertainment/Performing Arts
- For-Profit Door-to-Door Sales by Minors
- Employer’s Pocket Guide on Youth Employment (also available in Spanish)
- Agricultural Employer’s Pocket Guide on Youth Employment (also available in Spanish)
- Leadership and Policies – Ensure the company has a strong corporate commitment and leadership in place supporting compliance with child labor laws. Employers should have zero tolerance policies for violations of child labor laws.
- Warnings and Signage – Employers who legally hire employees under the age of 18 should post warnings throughout the workplace that identifies equipment or areas off-limits to minors.
- Labor Law Posters – Employers should also ensure they display the required state and federal child labor law posters in areas where workers frequent, in order that everyone in the workforce will be fully aware of applicable federal and state laws.
- Provide Different Nametags and Spotlight Dangerous Equipment – Employers who legally hire employees under the age of 18 should provide workers under the age of 18 with a different color nametag or a nametag with some distinguishing characteristic so that workers under the age of 18 can be easily identified. Also, place a “STOP” sticker or sign on equipment the DOL deems hazardous for use by minors.
- Ensure Vendors and Contractors Meet Comparable Standards – Research the past practices of any vendors and contractors and avoid using any vendors or contractors that have historically engaged child labor. Require that all contracts include detailed disclosure requirements, such as that the contractor has no right to subcontract without authorization and validation by your company’s leadership team.
- Training – Training should be provided to managers and supervisors on child labor requirements. Managers and supervisors must know what to look for and how to enforce the company’s policies and comply with the law.
- Parent Employers – Business owners often get excited after speaking to their CPA and finding out that there are some tax benefits to doing so. However, parents who want to hire their children often fail to consult federal and state child labor laws. There are states that allow parents to hire their own children to work in their business, provided that the parent is the owner, and the business is a sole proprietorship or LLC.
Some states exempt parents from most child labor law provisions in certain industries. Some states may not have an exception for parents at all. States may not likely recognize a parent of a minor child if the parent is an owner of a C-Corp or S-Corp, and therefore, they would be subject to the child labor laws of the state, hiring as the company and not as the parent. Parents hiring their own children to perform work such as modeling, live stage, dancing, singing, filming, taping, and other similar work, should always look to see if their state has requirements for children working in the performing arts.
For example, in Michigan, a parent who hires his child to wear the company’s children’s apparel and post pictures of their child to be seen by the public, would not be subject to the youth employment laws, but will be required to obtain a performing arts authorization and be approved before their child can perform any work. It is imperative to understand that a CPA is not an employment law attorney, and that although there may be tax benefits in certain instances, child labor law must be reviewed. Employers should seek assistance from their HR professional or employment attorney.
- Parent Employers – Business owners often get excited after speaking to their CPA and finding out that there are some tax benefits to doing so. However, parents who want to hire their children often fail to consult federal and state child labor laws. There are states that allow parents to hire their own children to work in their business, provided that the parent is the owner, and the business is a sole proprietorship or LLC.
- Amusement Parks — Provides the child labor requirements for child labor in amusement parks and recreational establishments.
- Cooking and Baking — Information concerning cooking and baking activities under the federal child labor provisions.
- Driving Automobiles and Trucks — General information concerning the application for the federal provisions for driving motor vehicles.
- Employing Youth in Restaurants — Provides general information concerning the application to child labor in restaurants and quick service establishments.
- Farm Jobs —Answers questions concerning child labor in agriculture. Spanish Version
- Grocery Stores — Provides general information concerning child labor in supermarkets and grocery stores. Polish Version (PDF)
- Health Care — Information concerning employing young workers in the health care industry.
- Lifeguards — Requirements for child labor under the Fair Labor Standards Act.
- Meat-Processing Machines — Provides general information concerning the application of the federal child labor provisions to grocery stores and supermarkets
- Nonagricultural Occupations — General information concerning employment in non-agricultural occupations. Spanish Version
- Power-Driven Balers and Compactors — General information concerning child labor as it relates to loading, unloading and operation of scrap paper balers and paper box compactors.
- Recreation Establishments —Provides the child labor requirements for child labor in amusement parks and recreational establishments.
- Roofing and work on or about a roof (PDF) — Provides information on the employment of minors in roofing activities and on roofs. Spanish Version
- Teen Driving (PDF) — Explains the child labor requirements for minors to operate motor vehicles. Spanish Version (PDF)
- Wood Processing Industries — Preliminary guidance concerning changes under the FLSA that impact employment of minors exempts from compulsory school attendance laws in businesses where machine process wood products.
- Youth Peddling Under the FLSA – Provides general information concerning youth peddling, also known as door-to-door sales.
- Alabama: The Alabama Department of Labor’s Child Labor Division enforces the Alabama Child Labor Law. This law is designed to protect working minors and ensure they have sufficient time for education1. More details can be found here.
- Colorado: Under the Colorado Youth Employment Opportunity Act (CYEOA), a minor is defined as any person under the age of eighteen. The Colorado Division of Labor Standards and Statistics enforces provisions of the CYEOA. There are specific restrictions on the hours a minor can work and the types of work a minor can perform. More details can be found here.
- Connecticut: In Connecticut, employers are generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA). There are restrictions on the hours of work and the types of work a minor can perform. More details can be found here.
- Delaware: The Delaware Department of Labor Division of Industrial Affairs Office of Labor Law Enforcement enforces the Delaware Child Labor Law. This law is designed to protect working minors and ensure they have sufficient time for education. There are restrictions on the hours of work and the types of work a minor can perform. More details can be found here.
- Florida: The Florida Department of Labor oversees the safety of minors in Florida by regulating the employment of workers under 16 years of age. The law protects children by limiting working hours, prohibiting work in hazardous occupations, and requiring employment certificates. More details can be found here.
- Georgia: The Georgia Department of Labor oversees the safety of minors in Georgia by regulating the employment of workers under 16 years of age. The law protects children by limiting working hours, prohibiting work in hazardous occupations, and requiring employment certificates. More details can be found here.
- Hawaii: Under the Hawaii Child Labor Law, a minor is defined as any person under the age of eighteen. The Hawaii Division of Labor Standards and Statistics enforces provisions of the Hawaii Child Labor Law. There are specific restrictions on the hours a minor can work and the types of work a minor can perform. More details can be found here.
- Idaho: The Workforce Innovation and Opportunity Act in Idaho is a federally funded program designed to assist eligible youth in achieving academic and employment success. Services are designed to meet the needs of out-of-school youth. More details can be found here.
- Illinois: The Illinois Department of Labor oversees the safety of minors in Illinois by regulating the employment of workers under 16 years of age. The law protects children by limiting working hours, prohibiting work in hazardous occupations, and requiring employment certificates. More details can be found here.
- Indiana: Effective July 1, 2021, Indiana eliminated work permits completely, and now requires all employers with five or more minor employees (under age 18) to use Indiana Department of Labor’s Youth Employment System (YES) to track and report minor-employee information. More details can be found here.
- Iowa: In Iowa, both federal and state child labor laws may apply. Sometimes there are differences between the federal and state laws, and it is important for employers to understand which laws apply to specific circumstances. More details can be found here.
- Kentucky: The Kentucky Education and Labor Cabinet is responsible for the administration and enforcement of Kentucky’s labor laws relating to minimum wage, overtime, wage payment, lunch breaks, rest periods, payroll deductions, child labor, and wage discrimination1. The working hours restrictions apply to all minors 14 to 17 years of age who are enrolled in school, dropped out of school or participating in a homeschool program2. More details can be found here.
- Massachusetts: Under the Massachusetts Child Labor Law, a minor is defined as any person under the age of eighteen. The Attorney General’s Office enforces youth employment (child labor) laws that protect workers under 18. Child labor laws limit the hours workers under 18 can work and the kinds of jobs that they can do. State law also requires employers to have Youth Employment Permits (work permits) on file for all workers under 18. More details can be found here.
- Michigan: The Youth Employment Standards Act (YESA) in Michigan defines a minor as someone who is less than 18 years of age, including but not limited to employees, volunteers, independent contractors and performing artists. Minors under 18 years of age must obtain a work permit or a written agreement or contract entered into between the employer and the governing school district, public school academy, or nonpublic school before starting work. More details can be found here.
- Missouri: Missouri’s Child Labor Law applies to youth under age 16. Youth under 14 years of age are not permitted to work at any job—other than in the agriculture or entertainment industries or casual jobs—at any time. Youth who are 14 or 15 generally are permitted to work, but their work, as well as the work of all children in the entertainment industry, is subject to restrictions1. More details can be found here.
- Montana: The Montana Child Labor Standards Act of 1993 establishes the hours minors may work and hazardous occupations in which they may not work – unless specifically exempted. The Montana Child Labor Laws apply to all minors, migrants as well as resident children. It is the intent of these laws to protect young workers from employment possibly interfering with their educational opportunities or be detrimental to their health or well-being1. More details can be found here.
- Nebraska: In Nebraska, state and federal child labor laws are in place. It is the responsibility of the employer to be aware of which laws apply and to be governed by the more restrictive1. All minors working in Nebraska must have an employment certificate2. More details can be found here.
- New Jersey: New Jersey’s Child Labor Law protects you by limiting the number of hours you can work and the type of work you can do. Among other requirements, the law states: All minors working in NJ must have an employment certificate, also known as “working papers,” or a special permit for each job they work1. More details can be found here.
- Ohio: In Ohio, the Child Labor Law (CLL) was enacted to provide for the health, safety, and welfare of minors by forbidding their employment or work in certain establishments and occupations, and under certain specified ages1. The CLL requires minors to obtain work permits prior to beginning work2. More details can be found here.
- Oklahoma: In Oklahoma, both federal and state labor laws apply to youth in the workplace. The laws are designed to protect Oklahoma youth from exploitation and danger, not remove them from the workplace. All Oklahoma students who are 14 and 15 years of age must obtain a work permit (also known as employment certificate) before getting a job or participating in work-based learning. More details can be found here.
- Oregon: In Oregon, all employers must have a certificate to employ minors under 18 years of age. Minors ages 14-17 are not issued individual work permits in Oregon. The law protects minor workers and regulates the employment of minors in agriculture. More details can be found here.
- Pennsylvania: The Pennsylvania Child Labor Law (CLL) was enacted to provide for the health, safety, and welfare of minors by forbidding their employment or work in certain establishments and occupations, and under certain specified ages. The CLL requires minors to obtain work permits prior to beginning work. More details can be found here.
- Rhode Island: In Rhode Island, there are state, as well as federal laws, which regulate the employment of minors. The following provides information about the hours and types of occupations that minors may work and explains how to obtain the permits and certificates needed to comply with the laws. More details can be found here.
- South Carolina: South Carolina rules and regulations on child labor are identical to those adopted by the US Department of Labor, Wage and Hour Division. These rules limit the work hours of persons 14 and 15 years old and prohibit the employment of persons under 18 years of age in occupations determined to be hazardous. More details can be found here.
- South Dakota: In South Dakota, a complex set of youth employment laws exists. Children younger than 16 years may not be employed in any occupation dangerous to life, health, or morals. They also cannot work for more than four hours per school day or 20 hours per school week, and not more than eight hours per non-school day or 40 hours per non-school week1. More details can be found here.
- Tennessee: Tennessee’s Child Labor Law includes protections for youth (or “minors”) 14 to 17 years old who enter the workforce. The purpose of this law is to ensure that the work being performed is safe and does not jeopardize the health, well-being, or educational opportunities of these young people1. More details can be found here.
- Texas: In Texas, people younger than 18 years old are considered minors. The Texas Child Labor Laws make sure a child is not working in a job or way that could harm the child’s safety, health, or well-being1. More details can be found here.
Employer Tools
Business Considerations
Child Labor Fact Sheets and FAQs
State-by-State Child Labor Law Websites
Visit the following state pages to obtain information specific to your state or the state in which you are planning to hire minors:
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