As the school year winds down, many businesses experience a surge in applications from young job seekers. Hiring minors—those under 18—can be a smart business move, especially for evening, weekend, and seasonal roles. However, employers must ensure full compliance with child labor laws at both the federal and state levels.
Understanding the Law
Child labor is regulated at both the federal and state levels, primarily through the Fair Labor Standards Act (FLSA) and individual state labor laws. Under these laws, minors are typically divided into two age groups:
- 14–15 years old: These younger workers are subject to strict limits on the type of work they can perform and the number of hours they may work.
- 16–17 years old: While they have more flexibility, these minors are still prohibited from working in hazardous occupations.
Federal Child Labor Provisions
Under the FLSA:
- The minimum age for most non-agricultural work is 14.
- Minors aged 14–15 are restricted in the hours they can work and the types of jobs they can perform.
- Minors under 18 cannot be employed in hazardous jobs as defined by the Department of Labor.
To review the full list of child labor provisions under the FLSA, visit the U.S. Department of Labor’s
website.
State Laws May Differ
Some states, such as Florida, Utah, Virginia, and Indiana, have recently updated their child labor laws. It’s essential to note that when federal and state laws differ, the stricter standard applies. Employers should consult their state’s
Department of Labor for the most up-to-date requirements.
Verification and Permits
Employers should verify the age of all minor employees. While the federal government does not require work permits, some states may mandate either the employer or the minor to obtain one. Age certificates are available from the Department of Labor’s Wage and Hour Division for employers who wish to keep documentation on file.
Safety Considerations
According to the National Institute for Occupational Safety and Health, approximately 160,000 minors suffer job-related injuries each year, with over 54,000 serious enough to require emergency room visits. This underscores the importance of assigning age-appropriate duties and maintaining a safe work environment.
Employer Responsibilities
To stay compliant and protect young workers:
- Regularly review hiring and employment practices involving minors.
- Train managers on federal and state child labor laws.
- Confirm that your company is following all required safety standards.
- Keep documentation of age verification if required.
Reach out to your FrankAdvice HR Consultant if you have questions about hiring minors at your company.