Kids Employment Laws in Virginia (13-, 14-, 15-, 16-, 17-Year-Olds)

Virginia has specific laws and regulations in place to govern the employment of children and teenagers under the age of 18. These laws aim to protect the health and safety of young workers, prevent exploitation, and ensure that work does not interfere with their education. The Code of Virginia §§ 40.1-78 to 40.1-116 outlines the child labor laws, and additional regulations can be found in Title 16 of the Virginia Administrative Code.

Key Takeaways:

• Virginia has specific employment laws for children and teenagers under the age of 18.
• These laws aim to protect the health, safety, and education of young workers.
• The Code of Virginia and the Virginia Administrative Code outline the child labor laws.

Obtaining an Employment Certificate

In Virginia, 14- and 15-year-olds who wish to work are required to have an employment certificate or work permit. The process of obtaining an employment certificate is overseen by the Virginia Department of Labor and Industry.

To begin the process, the parent or guardian of the minor must fill out the “Permission to Employ” form. This form verifies that the parent or guardian consents to their child’s employment. The employer is then required to complete the “Intent to Employ” form, which confirms their intention to hire the minor.

The employer must also provide proof of the minor’s age, such as a birth certificate or other official documentation. This ensures that the minor meets the age requirements for employment.

It is important to note that minors under the age of 16 must obtain an employment certificate before their first day of employment. This certificate serves as proof that the minor is eligible to work and helps to ensure compliance with Virginia’s child labor laws.

The Virginia Department of Labor and Industry has implemented an automated process for obtaining an employment certificate, making it convenient and efficient for both parents/guardians and employers. This process streamlines the application and approval process, allowing minors to start their employment without unnecessary delays.

Step-by-Step Guide to Obtaining an Employment Certificate

1. Parent or guardian fills out the “Permission to Employ” form
2. Employer fills out the “Intent to Employ” form
3. Employer provides proof of the minor’s age
4. Submit the completed forms and documentation to the Virginia Department of Labor and Industry
5. Wait for the employment certificate to be issued

By following these steps and obtaining an employment certificate, minors can ensure that they are in compliance with Virginia’s child labor laws and can embark on a safe and rewarding work experience.

Exemptions from Employment Certificate

While an employment certificate is typically required for minors in Virginia, there are certain jobs that exempt them from this requirement. These exemptions allow young workers to start working without the need for an employment certificate or work permit.

Here are some jobs that do not require an employment certificate for minors:

• Working for their parents or in someone else’s home
• Working on a farm or garden
• Performing or acting with theatrical permits
• Working as a page or clerk for the VA General Assembly
• Engaging in volunteer work

These exemptions provide opportunities for minors to gain work experience in various settings without going through the process of obtaining an employment certificate. However, it’s important to note that even though these jobs are exempt, specific requirements and restrictions may still apply to ensure the safety and well-being of young workers.

For example, while working for their parents may not require an employment certificate, there may still be limitations on the types of tasks and hours they can work. It is essential for both employers and young workers to be aware of any applicable regulations and guidelines to ensure a safe and lawful work environment.

For a comprehensive understanding of all the jobs exempt from the employment certificate requirement, refer to the Code of Virginia and relevant labor and industry regulations.

Minimum Age and Job Restrictions

In Virginia, the minimum age to work varies depending on the type of job. Certain tasks can be performed by children of any age, such as helping their parents with domestic chores or working on their parents’ farms, gardens, or orchards. However, as children grow older, they become eligible for more diverse job opportunities.

At the age of 12, children can begin taking on small jobs such as delivering newspapers or working as referees at sporting events, gaining valuable experiences and responsibilities at a young age.

Once children reach the age of 14 and 15, they can access a broader range of employment opportunities. With an employment certificate, they can work in various office jobs, hospitals and nursing homes (with certain duties), dry cleaners, food service, bowling alleys, and more. These positions provide an excellent platform for teenagers to develop skills and gain practical work experience.

As minors reach the ages of 16 and 17, they are not required to obtain an employment certificate and, therefore, have fewer job restrictions. This allows them to explore a wider range of employment options and take on more responsibilities in the workforce.

It is important to note that while there are job restrictions based on age, these laws aim to protect the well-being of young workers and ensure that their employment does not interfere with their education or pose any safety risks.

Hazardous Occupations and Prohibited Employment

In order to protect the health and safety of minors in Virginia, there are specific hazardous occupations and prohibited employment that minors are not allowed to engage in. These restrictions aim to ensure that young workers are not exposed to dangerous or detrimental work environments. Violations of these regulations can result in penalties for employers.

Examples of hazardous occupations and prohibited employment for minors in Virginia include:

1. Working in manufacturing or mechanical establishments
2. Engaging in construction trades
3. Working in commercial canneries
4. Driving certain vehicles
5. Working in dance studios
6. Working in laboratories
7. Working in veterinarian businesses
8. And more

The Code of Virginia § 40.1-100(B) provides a comprehensive list of occupations that minors are not permitted to engage in.

Example

“The safety and well-being of our young workers is of utmost importance. By prohibiting hazardous occupations and limiting the types of employment available to minors, Virginia child labor laws ensure a protective environment for our youth.”

– Jane Miller, Labor Department of Virginia

Minimum Wage and Training Wage

As an important aspect of employment, the minimum wage in Virginia is currently set at $7.25 per hour, which aligns with the federal minimum wage. However, it’s crucial to note that there are upcoming changes to the minimum wage in Virginia. Senate Bill 7 (SB7), legislation enacted in April 2020, will gradually increase hourly rates over time, reaching $15 per hour by 2026.

Starting from May 1, 2021, there will also be the introduction of a training wage for minors in Virginia. This training wage allows employers to pay 75% of the minimum wage for the first 90 days of a worker’s employment during on-the-job training programs. This initiative not only offers minors an opportunity to gain valuable work experience but also allows businesses to invest in training and development.

These changes in the minimum wage aim to improve workers’ financial well-being and keep pace with the rising cost of living. By investing in training programs and gradually raising the minimum wage, Virginia seeks to create a more sustainable and equitable employment environment.

Virginia’s Municipal Minimum Wage Laws

While Virginia has specific regulations concerning the minimum wage, currently, there are no cities within the state that have their own minimum wage rates. This means that the minimum wage for all workers in Virginia is determined solely by state law.

The absence of municipal minimum wage laws in Virginia can be attributed to the state operating under the “Dillon Rule.” This legal principle limits the authority of local governments, including their power to establish their own minimum wage rates. Therefore, municipalities in Virginia do not have the ability to set their own minimum wage laws distinct from the state’s regulations.

This lack of local autonomy in setting minimum wage rates ensures consistency across the state and simplifies compliance for employers operating in multiple cities or counties in Virginia.

Implications of Virginia’s Municipal Minimum Wage Laws

Without the ability to establish their own minimum wage rates, Virginia cities depend on the state’s minimum wage laws to protect workers and maintain wage standards statewide.

By maintaining a unified minimum wage, Virginia aims to promote fair compensation for all workers and prevent potential wage discrepancies between different localities. This can also help create a more level playing field for businesses operating within the state, as they do not have to navigate varying minimum wage requirements across different municipalities.

The absence of municipal minimum wage laws in Virginia may provide some stability for businesses, but it also highlights the importance of the state’s minimum wage regulations in ensuring fair wages and economic well-being for workers throughout Virginia.

Conclusion

To ensure compliance with Virginia’s child labor laws and provide a safe work environment for young workers, employers must be well-versed in the requirements and restrictions surrounding the employment of minors. Obtaining an employment certificate, adhering to age-based job restrictions, and following minimum wage regulations are critical factors for both legality and the well-being of young workers.

Employers should take the time to familiarize themselves with the specific laws outlined in the Code of Virginia. By doing so, they can ensure full compliance with all relevant regulations and maintain a legally sound workplace. The Virginia Department of Labor and Industry serves as an excellent resource for employers seeking guidance on obtaining employment certificates and staying up to date with child labor laws.

Prioritizing the safety and welfare of young workers is of utmost importance. Employers must strive to create an environment where minors can learn and thrive while safeguarding them from hazardous occupations and prohibited employment. By following Virginia’s child labor laws, employers can contribute to the proper development and protection of young workers, empowering them to gain valuable skills and experience while complying with legal requirements.