Kids Employment Laws in the US (Overview)

What is the minimum legal age for children to work in the United States?

In the United States, the minimum legal age for non-agricultural employment is 14 years old, according to the Fair Labor Standards Act (FLSA). However, there are exceptions for certain types of work, such as delivering newspapers, acting in movies or television, working in businesses owned by their parents (except in manufacturing or hazardous jobs), and performing minor chores around private homes.

How many hours can minors legally work during the school year?

During the school year, minors aged 14 and 15 are allowed to work up to 3 hours per school day, 18 hours in a school week, 8 hours on non-school days, and no more than 40 hours in non-school weeks. For minors aged 16 and 17, federal law does not restrict the number of hours they can work, but some states have their own limitations.

Are there any jobs that children under 16 are not allowed to do?

Yes, there are several restrictions on the types of jobs that children under 16 can perform. They are generally prohibited from working in hazardous occupations defined by the Department of Labor, such as manufacturing, mining, operating heavy machinery, and working with certain chemicals. They are typically permitted to work in safer environments like retail, food service, and office jobs.

Can children work in any job if they have parental consent?

No, parental consent does not allow children to work in any job, especially those restricted by federal or state labor laws. While parental consent is required for certain jobs for minors under a specific age in some states, it does not override the restrictions on hazardous occupations or the minimum age requirements for certain types of work.

What are the rules for minors working in the agricultural sector?

Minors working in the agricultural sector are subject to different rules than those in non-agricultural sectors. Children as young as 12 years old can work on farms with parental consent or on a farm where their parents are also employed. The hours they can work are less restricted: outside of school hours, there is no limit on the number of hours a child can work on a farm. However, children under 16 are still prohibited from working in hazardous agricultural jobs.

Do state child labor laws override federal laws?

When state child labor laws provide more stringent protections than federal laws, the state laws apply. In cases where the state law provides greater protection for minors (such as stricter age requirements, more limited working hours, or tighter restrictions on job types), employers must comply with the state regulations instead of the federal ones.

How do child labor laws affect home schooling students?

Child labor laws apply to all minors, including those who are home-schooled. However, home-schooled students may have more flexibility in their work schedules during traditional school hours, as their educational activities might not align with the standard school day. Despite this flexibility, they are still subject to the same age restrictions, hour limitations, and job restrictions as other minors.

What are the penalties for employers who violate child labor laws?

Employers who violate child labor laws can face significant penalties, including fines and, in severe cases, criminal charges. The Department of Labor can assess civil penalties for each minor employed in violation of the law, with fines varying based on the nature and severity of the violation. Repeat offenders or those found to be willfully violating the laws may face higher penalties.

I’ll continue answering the remaining questions in the next part of the response.

Are minors allowed to work in hazardous occupations?

Minors under the age of 18 are generally prohibited from working in hazardous occupations as defined by the Fair Labor Standards Act (FLSA) and the Department of Labor. These hazardous occupations include jobs like mining, logging, operating heavy machinery, and working with dangerous chemicals. The goal is to protect young workers from conditions that could jeopardize their health, safety, or moral well-being.

How do child labor laws in the U.S. compare to those in other countries?

Child labor laws in the U.S. are relatively strict compared to those in some other countries, with detailed regulations on minimum age, working hours, and permissible types of work. Many developed countries have similar protections in place, focusing on safeguarding children’s rights to education and protection from exploitation. However, in some developing countries, child labor laws may be less stringent or less rigorously enforced, leading to higher rates of child labor, including in hazardous occupations and industries.

Can minors work full-time during summer vacations?

Yes, minors can work full-time during summer vacations. For 14 and 15-year-olds, the FLSA allows for up to 40 hours of work per week when school is not in session. For those aged 16 and 17, there are no federal restrictions on the number of hours they can work during the summer, although some states may impose their own limits. This flexibility aims to provide young people with more opportunities to gain work experience and earn money during their school breaks.

What provisions exist for child actors and performers under child labor laws?

Child actors and performers are subject to specific provisions under child labor laws. These provisions often include exceptions to the minimum age and working hour restrictions, recognizing the unique nature of the entertainment industry. However, there are still regulations in place to ensure that their work does not interfere with their education and well-being. For example, on-set tutors are required in many jurisdictions to ensure child actors receive their education while working.

How are work permits for minors obtained, and who needs one?

Work permits for minors, sometimes referred to as “employment certificates” or “age certificates,” are required in many states to legally employ someone under 18. The process typically involves the minor, their parents or guardians, and the prospective employer. Generally, the minor must provide proof of age, and the employer must verify the job duties and hours to ensure compliance with child labor laws. The specific process and requirements vary by state.

Are there exceptions to child labor laws for family-owned businesses?

Yes, there are exceptions to certain child labor laws for family-owned businesses. For example, the FLSA allows children of any age to work in a business entirely owned or operated by their parents, except in mining, manufacturing, or any of the hazardous occupations. This exception recognizes the traditional role of family businesses in providing work experience to young family members.

How do child labor laws address internships and volunteer work for minors?

Child labor laws also apply to internships and volunteer work for minors, with certain considerations. Unpaid internships must comply with specific criteria to ensure they are for the benefit of the intern and do not displace regular employees.

Volunteer work, particularly through non-profit organizations, is generally permissible, but it must not violate child labor laws regarding hazardous work or interfere with education. The primary focus is on the educational value and safety of the work experience for the minor.

These answers provide a comprehensive overview of the key aspects and considerations of child employment laws in the United States, highlighting the balance between allowing minors work opportunities and ensuring their protection and education are not compromised.