Fair Labor Standards Act — Federal Child Labor Provisions
activeFederal child labor provisions under the FLSA establish minimum age requirements for employment, restrict the hours and times of day that minors aged 14 and 15 may work, and prohibit minors under 18 from working in occupations declared hazardous by the Secretary of Labor. Children under 14 are generally prohibited from employment, with narrow exceptions for agriculture, acting, and family businesses. Youth aged 14–15 may work in permitted occupations outside school hours with strict limits on hours, times of day, and types of work. Youth aged 16–17 may work unlimited hours but are barred from 17 federally designated Hazardous Occupations (HO Orders). The FLSA imposes civil money penalties of up to $15,629 per minor for child labor violations.
Applicability
Requirements
- Minimum Age
- General Minimum
- 14
- Non Agricultural Employment
- The general minimum age for non-agricultural employment is 14. Children under 14 may not be employed or permitted to work except in very limited circumstances.
- Exceptions Under 14
- Acting or performing in motion pictures, theatrical, radio, or television productions, Delivering newspapers to consumers, Making wreaths from natural materials in the home, Working in a business owned entirely by the minor's parents (except in mining, manufacturing, or hazardous occupations), Working on a farm owned or operated by the minor's parents
- Age 14 15 Restrictions
- Permitted Occupations
- Youth aged 14–15 may work only in occupations specifically permitted by 29 CFR § 570.34, including retail, food service, and gasoline service establishments. They are prohibited from manufacturing, mining, processing, and other occupations not specifically listed as permitted.
- Hours Limits
- School Day Max Hours
- 3
- Non School Day Max Hours
- 8
- School Week Max Hours
- 18
- Non School Week Max Hours
- 40
- Description
- During weeks when school is in session, 14–15 year olds may work no more than 3 hours on a school day and 18 hours in a school week. During weeks when school is not in session (summer, holidays), they may work up to 8 hours per day and 40 hours per week.
- Time Of Day Restrictions
- School Year Earliest
- 07:00
- School Year Latest
- 19:00
- Summer Earliest
- 07:00
- Summer Latest
- 21:00
- Summer Period
- June 1 through Labor Day
- Description
- During the school year, 14–15 year olds may work only between 7:00 a.m. and 7:00 p.m. From June 1 through Labor Day, the evening limit is extended to 9:00 p.m.
- Prohibited Activities
- Baking and cooking (except at soda fountains, lunch counters, snack bars, and cafeteria serving counters, with certain equipment restrictions), Operating, setting up, adjusting, cleaning, oiling, or repairing power-driven machinery (including lawn mowers and cutters), Work in warehouses except office and clerical work, Operating motor vehicles or serving as helpers on motor vehicles, All manufacturing and mining occupations, Public messenger service, Any work declared hazardous under the 17 HO Orders, Loading or unloading goods on or off trucks, railcars, or conveyors, Work in freezers or meat coolers
- Age 16 17 Restrictions
- Hours Limits
- Description
- There are no federal limits on the number of hours or times of day that 16- and 17-year-olds may work. State laws may impose additional hour and time restrictions for this age group.
- Hazardous Occupations Orders
- Description
- Youth aged 16 and 17 may not work in any occupation declared hazardous by the Secretary of Labor. The 17 Hazardous Occupations Orders (HO 1–17) are codified at 29 CFR §§ 570.51–570.68.
- Orders
- Ho Number
- 1
- Description
- Manufacturing or storing explosives
- Ho Number
- 2
- Description
- Driving a motor vehicle or serving as an outside helper on a motor vehicle (limited exemptions for 17-year-olds under certain conditions)
- Ho Number
- 3
- Description
- Coal mining
- Ho Number
- 4
- Description
- Logging and sawmilling
- Ho Number
- 5
- Description
- Power-driven woodworking machines
- Ho Number
- 6
- Description
- Exposure to radioactive substances
- Ho Number
- 7
- Description
- Power-driven hoisting apparatus (forklifts, cranes, elevators)
- Ho Number
- 8
- Description
- Power-driven metal forming, punching, and shearing machines
- Ho Number
- 9
- Description
- Mining (other than coal)
- Ho Number
- 10
- Description
- Power-driven meat processing machines (slaughtering, packing, rendering) and occupations in slaughtering and meat packing
- Ho Number
- 11
- Description
- Power-driven bakery machines
- Ho Number
- 12
- Description
- Power-driven paper products machines (balers, compactors, paper box machines)
- Ho Number
- 13
- Description
- Manufacturing brick, tile, and kindred products
- Ho Number
- 14
- Description
- Power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs
- Ho Number
- 15
- Description
- Wrecking, demolition, and shipbreaking operations
- Ho Number
- 16
- Description
- Roofing operations and all work on or about a roof
- Ho Number
- 17
- Description
- Excavation operations
- Student Learner Exemptions
- Limited exemptions exist for student-learners enrolled in approved vocational education programs (under HO 5, 8, 10, 12, 14, 16, and 17) and for apprentices (under HO 5, 8, 10, 12, 14, 16, and 17) provided certain conditions are met.
- Age 18 And Over
- Description
- Once a person reaches age 18, federal child labor restrictions no longer apply. There are no FLSA age-based limitations on hours, times of day, or types of work for adults aged 18 and over.
- Work Permits
- Description
- The FLSA does not require work permits or employment certificates, but many states do. Federal law accepts state-issued employment certificates as proof of age.
Penalties
Employers who violate federal child labor provisions are subject to civil money penalties of up to $15,629 for each minor who is the subject of a violation. Violations that cause the death or serious injury of a minor may result in penalties up to $68,801, and these penalties may be doubled (up to $137,602) when the violation is determined to be willful or repeated. Criminal penalties of up to $10,000 in fines and/or up to 6 months imprisonment apply for willful violations; a second willful conviction may result in up to $10,000 in fines and/or up to 3 years imprisonment.
Per violation: $15629
Notes
Child labor penalty amounts are adjusted annually for inflation; the amounts listed here reflect the most recent adjustment. State child labor laws may be more restrictive than federal law (e.g., requiring work permits, imposing tighter hour restrictions, setting additional prohibited occupations, or raising the minimum age). When both state and federal child labor laws apply, the employer must comply with the more protective standard. Agricultural employment has separate, less restrictive child labor rules under 29 U.S.C. § 213(c) and 29 CFR § 570.2, which are not fully detailed in this record. The DOL's Wage and Hour Division enforces federal child labor provisions through investigations, complaints, and targeted industry enforcement initiatives.