Federal child labor law, under FLSA § 12, generally restricts the hours minors can work and prohibits certain hazardous occupations — and state law often adds further restrictions (work permits, school certificates, additional hour limits, additional prohibited occupations). Many summer job violations come from smaller employers who don't realize the rules apply, but meaningful violations have come from major employers too — recent DOL enforcement actions against fast-food chains and meat-processing plants suggest the rules are not just for small businesses. How these rules play out depends on your situation and your state, and the figures and lists below can change.
What does federal law (FLSA § 12) say?
Under the FLSA, the DOL generally sets these baselines:
Ages 14-15:
- May generally work in non-hazardous, non-manufacturing, non-mining occupations
- Are generally not permitted to work:
- During school hours
- Before 7 AM or after 7 PM (after 9 PM from June 1 through Labor Day)
- More than 3 hours on a school day
- More than 18 hours in a school week
- More than 8 hours on a non-school day
- More than 40 hours in a non-school week
Ages 16-17:
- May generally work unlimited hours in non-hazardous occupations
- Are generally not permitted to work in occupations declared hazardous by the Secretary of Labor (mining, manufacturing of certain products, operating most power machinery, roofing, excavation, slaughtering, etc.)
Under 14:
- Generally not permitted to work in non-agricultural employment
- Limited exceptions the DOL recognizes: newspaper delivery, performance/entertainment, parent's business (non-hazardous), babysitting
How does this vary by state?
Many states have stricter rules, and these vary a great deal — your state may differ. Common state-specific requirements people run into:
- Work permits / employment certificates: Required in many states for minors under 18 (or under 16). Generally issued by schools or labor departments after verification of age and parental consent.
- Stricter hour limits: Many states cap school-day hours at 3 hours (matching the federal rule for 14-15-year-olds) but extend that to 16-17-year-olds.
- Stricter occupational prohibitions: Some states prohibit additional industries (operating gas station pumps, driving forklifts, etc.).
- Meal and break requirements: Some states require additional meal/rest breaks for minors.
- Posting requirements: Many states require employers to post schedules of minors' hours.
How do you evaluate a summer job for a minor, step by step?
1. Confirm the age requirement and work permit (if applicable)
A common first step for workers under 18 is to check whether their state requires a work permit or employment certificate. The school is typically the issuing authority during the school year; the state labor department during summer. Your state's process may differ.
2. Confirm the hour limits
For 14-15-year-olds, the federal hour limits generally apply year-round. For 16-17-year-olds, federal law generally allows unlimited hours, but state law may impose additional limits — so it often helps to check both.
3. Confirm the job duties are permissible
Hazardous occupations are listed in the FLSA regulations — 29 C.F.R. Part 570, Subpart E, sets out the non-agricultural occupations the DOL has declared particularly hazardous for workers aged 16-17, while the occupations 14-15-year-olds may and may not perform are addressed separately in Subpart C. Many people compare those lists against their actual job duties.
4. Verify the wage rate
The DOL generally applies the federal minimum wage unless the employer qualifies for the "youth minimum wage" of $4.25/hour for the first 90 days of employment for workers under 20. Many states require the full minimum wage regardless of age, so what applies depends on your state.
5. Keep records
Many people find it helps to keep track of hours worked, job duties, breaks taken, and communications about scheduling. If a wage or hour issue arises later, that documentation often turns out to be important.
Scripts people sometimes use
To request a work permit:
"As I'm under 18 and starting this job, I want to confirm that the work permit / employment certificate process has been completed. Could you provide a copy of the documentation, or guidance on how to obtain it?"
To raise concerns about hour limits:
"I'm scheduled for [hours] this week, which appears to exceed the [federal/state] limit for my age. Could we discuss reducing the schedule to comply with the applicable hour restrictions?"
To raise concerns about job duties:
"I've been asked to operate [equipment] / perform [task]. My understanding is that this is restricted for workers under [age] under federal/state child labor law. Could we discuss reassignment to permissible duties?"
What should you keep track of?
- Your age and any work permit or employment certificate
- The hours scheduled and actually worked each week
- The specific tasks and equipment you operated
- Any wage statements or pay stubs received
- Any communications about scheduling, duties, or supervision
- Any incidents (injuries, near-misses, supervisor instructions outside permissible scope)
When should you escalate?
When an employer appears to be violating child labor rules, common paths people take include:
- Filing a complaint with the U.S. Department of Labor, Wage and Hour Division. The DOL generally accepts complaints anonymously, and its investigations are typically thorough.
- Filing with the state labor agency for state-specific violations.
- For injuries on the job, workers' compensation generally covers medical treatment regardless of age. If a claim is denied, some people consult a workers' compensation attorney.
- Anti-retaliation protections generally apply to minors who file complaints under the FLSA — though family pressure and economic dependency often make these claims practically difficult.
Parents and guardians are often part of this picture too: the work permit process and parental-consent requirements typically involve the parent or guardian, who frequently has a role in monitoring compliance. Schools are often willing to support minors who are being pressured to work outside permissible limits.
Official sources
- Code of Federal Regulations — 29 C.F.R. Part 570 (Child Labor)