by Laura Pokrzywa, HR Consultant
If your organization is planning to hire a teenager this summer, be sure you carefully consider federal and state child labor laws. These laws set forth specific guidelines for the hiring process, permissible activities, working conditions, and the hours an underage employee may work.
The Cost of Getting it Wrong.
Every year we read about companies that are charged significant fines because they violated child labor laws. In March 2024, for example, Tuff Torq Corp., a Tennessee manufacturer, was found to have employed minors in hazardous roles. The company was ordered to pay more than $290,000 in civil penalties and set aside $1.5 million in profits to benefit the affected children. In November 2024, an operator of multiple Burger King franchises in Massachusetts was fined $2 million because children were working beyond permitted hours at several restaurants. Purdue Farms and Smithfield Foods, two of the nation’s largest meat processors, both recently agreed to multi-million-dollar settlements for alleged child labor violations. The list goes on.
How young is too young?
The Fair Labor Standards Act (FLSA), a federal law that regulates child labor, mandates 14 as the minimum age for non-agricultural employment. Young teens may be employed outside school hours in various non-manufacturing, non-mining, non-hazardous jobs. However, some exceptions are made for minors under 14 years of age who are employed by their parents in certain non-hazardous occupations.
How long can they work?
Federal law sets no limits on hours worked for anyone aged 16 and up. But the FLSA does set the following time limits for 14- and 15-year-olds:
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No more than 3 hours a day on school days, including Fridays;
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No more than 18 hours per week in school weeks;
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No more than eight (8) hours a day on non-school days;
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No more than 40 hours per week when school is not in session.
State laws, however, may vary. For example, federal law is silent regarding breaks for minors. However, many states have laws that establish clear requirements for the length and timing of rest and meal breaks for minors. Some states also restrict late-night shift work. Where state laws impose stricter regulations, employers must comply with whichever law is more protective of the minor.
What can they do?
According to the FLSA, all employees under the age of 18 in non-agricultural occupations are prohibited from engaging in hazardous activities such as anything involving explosives, roofing, operating certain power tools (such as circular saws or band saws), operating large power-driven machinery (such as paper box compactors, wood-working equipment, meat-processing equipment and large mixers), or operating power-driven hoists (such as fork lifts), to name a few. The DOL may provide limited exceptions for some of these tasks if the minor is a bona-fide apprentice.
The FLSA also addresses the operation of motor vehicles. If you are hiring a worker who will do job-related driving on public roads, that employee must be at least 17 years old, must have a valid driver’s license, and must not have any moving violations.
What about work permits?
Federal law does not require work permits for underage employees. However, most states do. You should check your state laws regarding work permits and/or parental consent for your teenage workers. Be sure, also, to find your state’s child labor poster. If you employ anyone under the age of 18, that poster must be posted in a conspicuous place.
More Information
You will find more detailed information at the U.S. Department of Labor’s website that features Selected State Child Labor Standards for Minors under 18. You can also check your state’s Department of Labor website.
If you are an employer with questions about hiring a teenager, or any other HR concerns, please send an email to or call our HR team at 855-873-0374.
Disclaimer: The information provided on this web site is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this web site does not create an attorney-client relationship between East Coast Risk Management or our employment attorney and the user or browser.
