With summer being a popular season for youth employment, the U.S. Department of Labor (DOL) recently reminded employers hiring youth-aged workers to comply with federal child labor laws to ensure these hires have a safe and beneficial experience.
The DOL’s Wage and Hour Division (WHD) administers and enforces youth employment regulations under the Fair Labor Standards Act (FSLA). The FLSA prohibits employers from allowing youth-aged employees—workers who are under 18 years old—to perform certain tasks and work more than a specified number of hours. However, child labor laws can vary based on the industry and state. Failing to comply with the FLSA can result in significant consequences for employers.
Notably, the DOL’s reminder highlights recent investigations uncovering child labor law violations. Most penalties were related to child labor violations, including:
- Permitting minors to operate heavy machinery, such as driving a motor vehicle or forklift
- Working longer or later than legally allowed
- Failing to pay for meal breaks
- Performing jobs that are off-limits for their age
From 2020 to 2023, the DOL identified more than 3,000 cases of child labor law violations, with nearly 16,000 youth-aged workers involved in violations.
What This Means
This recent warning is part of the DOL’s effort to ramp up enforcement and could translate to an increase in investigations this summer and beyond. As such, employers should continue to review relevant child labor laws to ensure compliance. Employers concerned about potential violations are encouraged to speak with legal counsel.
To aid employers in keeping youth-aged workers safe and ensure your compliance with labor laws, review the DOL’s age-specific workforce regulations below:
Rules for Workers Under 14 Years of Age
In general, youth workers who are under the age of 14 are limited on what type of jobs they can do. Workers who are under 14 years of age are only permitted to do the following jobs:
- Deliver newspapers to customers;
- Babysit on a casual basis;
- Work as an actor or actress in movies, TV, radio or theater;
- Work as a homeworker gathering evergreens or making evergreen wreaths; and
- Work for a business owned entirely by their parents as long as it is not in mining, manufacturing or any of the 17 hazardous occupations
There are different rules in place for minors in this age group who work in agriculture. States also have specific rules for youth workers under 14 years old, and employers must follow both.
Rules for Workers 14 to 15 Years of Age
Similar to workers under 14 years of age, youth workers who are 14 to 15 years old are limited on what types of jobs they can do and what hours they can work.
Job Restrictions
In general, youth workers within this age range are only permitted to do certain jobs, which include the following:
- Most retail occupations, including cashiering, selling, price marking, packing and shelving;
- Intellectual or creative work, such as computer programming, teaching, tutoring, singing, acting or playing an instrument;
- Run errands or complete delivery work by foot, bicycle and public transportation;
- Clean-up and yard work that does not include using power-driven mowers, cutters, trimmers, edgers or similar equipment;
- Certain work in connection with cars and trucks, such as dispensing gasoline or oil and washing or hand polishing;
- Some kitchen and food service work, including reheating food, washing dishes, cleaning equipment and limited cooking;
- Clean vegetables and fruits;
- Wrapping, sealing, labeling, weighing, pricing and stocking of items, including vegetables, fruits and meat, when performed in areas separate from a freezer or meat cooler; and
- Loading or unloading objects for use at a worksite, including rakes, hand-held clippers and shovels.
Additionally, 14- and 15-year-olds who meet certain requirements can perform limited tasks in sawmills and woodshops, and 15-year-olds who meet certain requirements can perform lifeguard duties at traditional swimming pools and water amusement parks.
If an occupation is not specifically permitted, it is prohibited for youth between the ages of 14 and 15.
Working Hour Restrictions
Workers who are 14 to 15 years old are also limited in what hours they can work. Generally, all work must be performed outside of school hours. In general, youth in this age range may not work the following:
- More than three hours on a school day, including Friday
- More than 18 hours per week when school is in session
- More than eight hours per day when school is not in session
- More than 40 hours per week when school is not in session
- Before 7 a.m. or after 7 p.m. on any day, except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m.
A “school day” or “school week” for youth workers who are home-schooled, attend private school, or no school is any day or week when the public school where they live while employed is in session. There are some exceptions to the hours standards for 14- and 15-year-olds if they have graduated from high school, are excused from compulsory school attendance, or are enrolled in an approved work experience, career exploration program or work-study program. Click here for more information on hours restrictions for youth workers in this age group.
Wage Requirements
In most cases, 14- and 15-year-olds must be paid the federal minimum wage, $7.25 per hour. Minimum wage eligibility varies depending on the type of job and location. Additionally, workers who are younger than 20 and eligible for the minimum wage may be paid as little as $4.25 per hour for the first 90 consecutive calendar days of their employment.
In nonagricultural work, exempt youth employees must also receive time and one-half at their regular rate of pay after 40 hours of work in a seven-day workweek. The regular rate includes all compensation, such as certain bonuses and shift differentials. Employers can reference the DOL’s fact sheet on overtime requirements for more information.
There are different rules for 14- and 15-year-olds working in agriculture and states also have rules, and employers must follow both.
Rules for Workers 16 to 17 Years of Age
Although there are no federal rules limiting the hours 16- and 17-year-olds may work, there are restrictions on the types of jobs they can do.
Job Restrictions
Workers who are 16 to 17 years old may work any job that has not been declared hazardous by the Secretary of Labor. The 17 types of hazardous jobs that minors under the age of 18 are not permitted to work include the following:
- Manufacturing or storing explosives;
- Operating motor vehicles on public roads and working as outside helpers on motor vehicles; 17-year-olds may drive cars or small trucks during daylight hours for limited times and under strictly limited circumstances;
- Performing most jobs in coal mining;
- Working most occupations in forest firefighting, forest fire prevention, timber tract, forestry service, and occupations in logging and sawmilling operations;
- Operating power-driving woodworking machines;
- Engaging in occupations exposing minors to radioactive substances and ionizing radiation;
- Operating, riding on and assisting in the operation of most power-driven hoisting apparatus such as forklifts, nonautomatic elevators, skid-steers, skid-steer loaders, backhoes, man lifts, scissor lifts, cherry pickers, work-assist platforms, boom trucks and cranes;
- Running power-driven metal-forming, punching and shearing machines;
- Working most jobs in mining at metal mines, quarries, aggregate mines and other mining sites, including underground work in mines, work in or about open-cut mines, open quarries and sand and gravel operations;
- Operating power-driven meat processing machines, such as meat slicers, saws and meat choppers, wherever used (including using machinery on items other than meat, such as cheese and vegetables) or cleaning such equipment;
- Using power-driven bakery machines such as vertical dough and batter mixers, dough rollers, rounders, dividers, sheeters, and cookie or cracker machines;
- Operating compactors and balers and certain power-driven paper products machines such as platen-type printing presses and envelope die cutting presses (16- and 17-year-olds may load, but not operate or unload, certain scrap paper balers and paper box compactors under very specific guidelines);
- Manufacturing of brick, tile and related products;
- Operating or working as a helper on power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, woodchippers and abrasive cutting discs, no matter what kind of items are being cut by the equipment;
- Working in wrecking, demolition and ship-breaking operations;
- Performing most jobs in roofing operations, including work performed on the ground and removal of the old roof and all work on or about a roof; and
- Working in jobs in trenching and excavation operations, including working in a trench more than 4 feet deep.
Visit the YouthRules! webpage on workplace hazards for more information on banned occupations for workers under 18 years of age.
Wage Requirements
In most cases, 16- and 17-year olds must be paid the federal minimum wage, $7.25 per hour. Minimum wage eligibility varies depending on the type of job and location. Additionally, workers who are younger than 20 and eligible for the minimum wage may be paid as little as $4.25 per hour for the first 90 consecutive calendar days of their employment.
In nonagricultural work, exempt youth employees must also receive time and one-half at their regular rate of pay after 40 hours of work in a seven-day workweek. The regular rate includes all compensation, such as certain bonuses and shift differentials. Employers can reference the DOL’s fact sheet on overtime requirements for more information.
There are different rules for 16- and 17-year-olds working in agriculture and states also have rules, and employers must follow both.
Rules for Workers 18 Years of Age and Older
Once a youth worker turns 18, most youth work rules no longer apply. There are no limits to the number of hours or types of jobs an 18-year-old can work.
Wage Requirements
In most cases, 18-year-olds must be paid the federal minimum wage, $7.25 per hour. Minimum wage eligibility varies depending on the type of job and location. Additionally, workers who are younger than 20 and eligible for the minimum wage may be paid as little as $4.25 per hour for the first 90 consecutive calendar days of their employment.
Under the FLSA, employees must also receive time and one-half at their regular rate of pay after 40 hours of work in a seven-day workweek. The regular rate includes all compensation, such as certain bonuses and shift differentials. Employers can reference the DOL’s fact sheet on overtime requirements for more information. States also have rules, and employers must follow both.
Summary
Federal and state rules regarding young workers strike a balance between ensuring sufficient time for educational opportunities and allowing appropriate work experiences. Complying with these rules ensures that your organization is providing a safe work environment for teen workers to obtain appropriate early work experience.
For additional resources or to learn more, contact us today via the form below. And be sure to like us on Facebook and follow us on LinkedIn to stay up-to-date on industry news and tips.
This article is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. Sources for this article include YouthRules! and the DOL.
Related Links: