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?
Federal child labor law sets different rules for three age bands, and the DOL enforces them. Workers aged 14 and 15 may generally work in non-hazardous, non-manufacturing, non-mining jobs, and are generally not permitted to work during school hours, before 7 AM or after 7 PM, more than 3 hours on a school day or 18 hours in a school week, or more than 8 hours on a non-school day or 40 hours in a non-school week. The evening cut-off generally moves later in the summer months. Workers aged 16 and 17 may generally work unlimited hours, but not in occupations the Secretary of Labor has declared hazardous. Under 14, non-agricultural work is generally not permitted at all, with a short list of exceptions the DOL recognizes — newspaper delivery, performance and entertainment work, a parent's non-hazardous business, and babysitting. The figures and lists can change.
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?
State law is generally stricter than the federal floor, and it is usually where a summer job actually goes wrong. The most common addition is paperwork: many states require a work permit or employment certificate for minors under 18, or under 16, generally issued by a school or the state labor department after age is verified and a parent consents. Several states also tighten the hour limits, for example applying a three-hour school-day cap to 16- and 17-year-olds rather than only to younger workers. Some prohibit additional occupations beyond the federal hazardous list, some require extra meal or rest breaks for minors, and many require the employer to post a schedule of minors' hours. These requirements vary a great deal from state to state, so the federal rules are rarely the whole answer, and your state may differ.
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?
Checking a summer job generally means working through five things: the permit, the hours, the duties, the wage, and the record. The permit question comes first because it is the one with an issuing authority — typically the school during term time and the state labor department over the summer. Hours are checked against both federal and state limits, since the federal rules bind 14- and 15-year-olds year-round while state law may add limits for older teens. Duties are checked against the hazardous-occupation lists in the FLSA regulations. The wage is checked against the federal minimum, allowing for the youth minimum wage that can apply for a short initial period, though many states require the full minimum regardless of age. The record is simply kept as you go — hours, duties, breaks and anything said about scheduling.
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.
What can you say to your employer?
A teen job most often drifts outside the rules at three points, and here is what people say at each: the paperwork at the start, a schedule that runs past the hour limit, and a task or piece of equipment that may sit on the restricted list. None of them commits you to filing a complaint, to refusing a shift on the spot, or to accusing anyone of breaking the law — each one raises the rule as a question and asks for an adjustment. Many employers in this situation are simply unaware the limits apply. Your own age, schedule and duties go in the bracketed parts, and a parent or guardian often raises them alongside the worker. The specifics depend on your state, and on how old the worker is. Versions some people adapt:
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?
The record that helps most is a plain one kept as the job goes along, because wage and hour questions are generally decided on hours and duties rather than on impressions. That means your age and any work permit or employment certificate, the hours scheduled and the hours actually worked each week — which are often not the same — and the specific tasks performed and equipment operated, since that is what the hazardous-occupation lists are compared against. Pay stubs or wage statements belong in the same place, along with any communication about scheduling, duties or supervision. The last category is incidents: injuries, near-misses, and any instruction to do something outside what is permitted. If a wage or hour issue comes up later, that documentation often turns out to be the thing that settles it. What people commonly 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?
Escalation generally starts with the agency that enforces the rule in question. Federal hour and hazardous-occupation problems usually go to the U.S. Department of Labor's Wage and Hour Division, which generally accepts complaints anonymously and whose investigations are typically thorough. State-specific problems — a missing work permit, a state hour limit, a state-prohibited task — go to the state labor agency. An injury on the job is generally covered by workers' compensation regardless of age, and where a claim is denied some people consult a workers' compensation attorney. Anti-retaliation protections generally apply to minors who file under the FLSA, though family pressure and economic dependency can make that difficult in practice. Parents and guardians are often part of this picture too, since the permit and consent process generally runs through them, and schools are often willing to support a minor being pressured to work outside the permitted limits.
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)