The federal FLSA restricts, but doesn't prohibit, businesses from employing children. Virtually all businesses are subject to these federal child labor rules. However, there are a few situations in which businesses are exempted from the child labor restrictions. These include parents who employ their own children, farm employment outside of school hours, theatrical employment, and Amish children working as apprentices in traditional Amish sawmills and woodworking industries. If none of these exemptions apply, then the federal child labor rules specify what types of work children can do, when they can do it, and how old they have to be to do it.
Employees under 18. The FLSA prohibits minors under the age of 18 from working in occupations deemed to be hazardous. Hazardous occupations include driving motor vehicles, operating power equipment and construction machinery, installing roofs, and excavating. However, the prohibitions aren't absolute; an employee under 18 may engage in some hazardous occupations if special safety procedures are followed.
On December 16, 2004, the Department of Labor published final regulations establishing and expanding protections for minors under 18 working in certain occupations. The changes include the criteria permitting 16 and 17 year olds to load, but not operate or unload, certain waste material baling and compacting equipment, the limited on-the-job driving that may be performed by qualified 17 year olds, and the expansion of the current prohibition for under 18 minors working in roofing occupations to include all work on or about a roof, including work performed upon or in close proximity to a roof, unless the work is performed in an apprenticeship or student learner program.
Employees 14 to 16. The FLSA provides additional restrictions on work by minors between 14 and 16 years of age. People in this age group are prohibited from engaging in most industrial and manufacturing activities, acting as public messengers, and working in some types of retail establishments. You can employ people between the ages of 14 and 16 for office and clerical work; sales or cashiering; window trimming; order processing and merchandise tagging; bagging; errands and delivery work by foot, bicycle or public transportation; cleanup work (but not with a power mower); kitchen work; pumping gas or washing cars; and newspaper delivery.
Minors between 14 and 16 may only work outside of school hours, may not work more than three hours a day and 18 hours a week during school, or eight hours a day and 40 hours a week when school is out; and must work between 7 a.m. and 7 p.m. except during the summer (June 1 through Labor Day) when the evening limit is 9 p.m. The limitations don't apply to students working in an approved work-training program where written documentation of the student's work time is authorized by the principal of the student's school.
The Department of Labor's published final regulations establishing and expanding protections for minors working in certain occupations include changes in the types of cooking 14 and 15 year olds are permitted to be employed in and the cleaning and maintaining of cooking devices by minors in certain situations.
State child labor laws. All states have some laws restricting the employment of children or minors. Generally, there are restrictions on the type of occupation and on the hours of employment. In addition, many states require minors to obtain age certificates or work permits as a prerequisite to employment.
All states list hazardous occupations in which minors below a specific age cannot be employed. Many times, there are separate lists for minors under 18, minors under 16, and minors under 14. A substantial number of states prohibit most employment for all minors under age 14. Usual exceptions include newspaper delivery, family businesses, and agricultural work.
Almost all states restrict the hours of employment for minors under the age of 16. Several also have hours restrictions for 16- and 17-year-olds. Employment may be restricted to a specified number of hours a day or week and to daytime or early evening hours. In addition, permissible hours of work usually are less for school-aged minors while school is in session than during vacation periods.
State child labor law is detailed and complex. If you decide to hire a minor, check with your state labor agency about what you should do to comply with the state’s child labor law. A primary area of concern is obtaining age or employment certificates. Many states require employers to get such certificates, usually from the superintendent of schools, but sometimes from the state department of labor, before employing minors of school age. State certificates are accepted as proof of age in almost every state.
Select a state from the map below to get information on that state's child labor laws: |
Employment of Minors in Alaska choose another state |
Written authorization of the commissioner is needed before any minor under 17 may be employed in Alaska, except in certain instances. Alaska allows minors 18, 19, and 20 years of age to work at a hotel where alcohol is served, without parental permission, provided that the minors do not serve alcohol. |
Employment of Minors in Alabama choose another state |
In Alabama, minors 14, 15, 16 or 17 years of age may not be employed, except in agricultural service, unless the employer obtains and keeps on file a work permit for every minor and a complete list of those minors. Individuals who are 18 years of age may not be employed in mines, coke breakers, coke ovens or quarries unless the employer obtains and retains a work permit for that person. Work permits are not required from June 1 to August 31 for minors employed in federally funded summer youth programs, but the hour and prohibited restrictions remain in force. Employment certificates are required for minors under 16 who work selling or distributing newspapers, periodicals, handbills or circulars or engage in any other occupation in a street or public place. Except for delivering newspapers, no minor between 12 and 17 may be employed unless the employer obtains an employment certificate. Work permits are not required for persons under the age of 18 who are employed as models, but no person under 16 years of age may work any hours that interfere with school. The county or city school superintendent or the headmaster or principal of a private school may issue all work permits or designate in a Letter to the Department of Labor a school employee acting in the official's name to issue permits. |
Employment of Minors in Arkansas choose another state |
Arkansas law requires all employers to obtain an employment certificate before employing any child under sixteen (16) years of age. The purpose of this certificate (work permit, working papers) is to provide conclusive evidence of the child's age and educational standing, thus ensuring that underage minors are not employed. The employer must keep this certificate and make it available to the proper officials upon request. Employment certificates can be issued by the Director of the Department of Labor or by his authorized representative. Minors under the age of 18 can not work more than six days a week, more than 54 hours in any week, more than ten consecutive hours in any one day, more than ten hours in a 24 hour period, or before 6 a.m. or after 11 p.m., except that limitations of 6 a.m. and 11 p.m. do not apply to children under the age of 18 employed on nights preceding non-school days in occupations determined safe by rule of the Arkansas Department of Labor. Minors 11 years of age and older may be employed as sports officials, referees or umpires in organized youth football, baseball, softball, basketball, or soccer leagues provided that there is an adult representing the state or local athletic program on the premises and that a person responsible for the program possesses written acknowledgment signed by a minor's parent or guardian consenting to the minor's employment. |
Employment of Minors in Arizona choose another state |
Unless an employer obtains a variance, minors under the age of 18 can't be employed in a wide variety of dangerous occupations, including operation of a motor vehicle or other power equipment. Minors under the age of 16 may not be employed in manufacturing or processing, construction, laundries, warehousing and a variety of other dangerous activities. |
Employment of Minors in California choose another state |
Minors under 18. In California, a permit to work may be issued to a minor 14 to 17 to work outside of school hours for a period of time not to exceed three hours in any day in which the minor is required by law to attend school if the minor is 14 or 15, or four hours if the minor is 16 or 17, provided that the minor has completed the equivalent of the seventh grade of a public school course. In addition, a permit to work may be issued, at the school district's discretion, to a 13-year-old minor if the minor has completed grade six, has been identified by the school district as a potential drop-out and is participating in an employment program sponsored by a school district, provided the program fosters the development of an appreciation by the pupil of the importance of education in preparing for future education and employment. The permit must limit the period a 13-year-old minor may work to two hours in any given day, up to a maximum of four hours each week. A work permit may also be issued to a minor age 16 or older to work outside of school hours for a period of time not to exceed eight hours in any day in which the minor is required by law to attend school, and which is immediately prior to a nonschool day. In any case, if the employment is shown to impair the health or schoolwork of the minor, the authority issuing a work permit may revoke it. Employment certificates are generally required before employing a minor under 18. Certificates are issued by the superintendent of any school district in which the minor resides, by an authorized pupil personnel specialist or certified work experience education coordinator, or by other persons designated to act in the absence of a superintendent. Employment certificate requirements do not apply to any minor employed to deliver newspapers to consumers. Blanket permits may be secured by employers under certain conditions. Any employer in the entertainment industry who wishes to employ minors in work or an activity that is not hazardous or detrimental to the health, safety, morals or education of minors, must make an application to the Division of Labor Standards Enforcement for a permit to employ minors in the work or activity. Effective January 1, 2004, 15 percent of the earnings of minors who provide artistic or creative services must be set aside in a Coogan Trust Account. If a minor's parents do not establish a Coogan Trust Account for the minor, employers are required to deposit the minor's earnings in a default trust fund set up within the Actors Fund of America. In addition, this law voids the written consent to employ a minor under contract after ten business days unless a statement providing evidence of the establishment of the required trust account is attached. The law also limits valid written consents to a six-month period. |
Employment of Minors in Colorado choose another state |
In Colorado, any employer that wants proof of the age of any minor employee or prospective employee may require the minor to submit an age certificate. The superintendent of a school district is authorized to issue age certificates. Superintendents, principals or headmasters of independent or parochial schools may also issue age certificates to minors attending such schools. Minors 14 or 15 who wish to work on school days during school hours must secure a school release permit from the school district superintendent or some other person designated by the board of education. |
Employment of Minors in Connecticut choose another state |
Any employer employing a minor under 18 in Connecticut must obtain a certificate from the state board of education stating the age of the minor. The certificate must be kept on file at the place of employment and must be available at all times during business hours to the inspectors of the labor department. |
Employment of Minors in District of Columbia choose another state |
In the District of Columbia, work or vacation permits are required for any minor between 14 and 18 working in any establishment and must be kept on file. Certificates are issued by the Board of Education. Vacation permits may be issued for minors between 14 and 16, permitting their employment during summer vacations and during the school year when school is not in session. Vacation permits are to be a different color than work permits issued for work during the school year and must state the period of time for which its use is valid. Exception. Minors under 18 may be employed without a work or vacation permit outside of school hours in irregular or casual work usual to the home of the employer, provided that the employment not be connected to any the business, trade, profession or occupation of the employer. |
Employment of Minors in Delaware choose another state |
A minor in Delaware may not work unless the employer has a verified and validated employment certificate for the minor. The certificate must be kept on file at all times and be accessible to the Department of Labor on request. Work permits (employment certificates) may be issued by the superintendent of each school district or a designee authorized by the superintendent. The age of the minor must be verified by a certified copy of a birth certificate, baptismal certificate (showing the date of birth), school record, passport, valid driver's license or official government document attesting to the minor's age. Entertainment professions. The Department of Labor may issue a permit allowing a minor under 16 to work as a model, performer or entertainer for a limited period, when it determines that such permit is justified. |
Employment of Minors in Florida choose another state |
In Florida, a school superintendent or the superintendent's designated agent will issue age certificates for employment purposes. Any person who hires, employs or suffers to work any minor must first obtain and keep during the entire period of employment proof of the minor's age. The proof may be an age certificate, or a photocopy of a birth certificate, driver's license, passport or visa that lists the minor's date of birth. |
Employment of Minors in Georgia choose another state |
In Georgia, no minor between 12 and 16 may work without a certificate of age and fitness issued by the local superintendent of schools or by the principal administrative officer of a private school. A similar certificate is required for persons 16 to 18 to work between 9 p.m. and 6 a.m. Georgia requires that minors' employment certificates be accompanied by a letter from a school administrator indicating that the minor is enrolled in school full time and has a good attendance record for the current year. The letter must be updated annually and included with the minor's employment certificate in the minor's employment file. |
Employment of Minors in Hawaii choose another state |
In Hawaii, employment certificates are required for minors between 14 and 16 to work. The employer must keep on file an employment certificate issued by a person authorized to issue certificates by the director of the Department of Labor and Industrial Relations. A minor who has attained the age of 16 years but not 18 years may be employed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school if the employer records and keeps on file the number of a valid certificate of age issued to the minor by the Department. Employers must return certificates to the issuing officer immediately after termination of a minor's employment and must state the date of termination. |
Employment of Minors in Iowa choose another state |
In Iowa, work permits are required in order to employ a minor who is 14 or 15 years old. A work permit will be issued by the superintendent of school or an authorized person upon the application of the parent, guardian or custodian of the minor desiring such permit. The person authorized to issue work permits may not issue any such permit unless the person has received, examined, approved and filed: (1) a written agreement from the person, firm or corporation into whose service the minor under 16 is about to enter, promising to give such minor employment, describing the industry and the work to be performed; (2) evidence of age showing the minor is 14 or older. |
Employment of Minors in Idaho choose another state |
Idaho has no law on the employment of minors. |
Employment of Minors in Illinois choose another state |
In Illinois, no minor under 16 may be employed in any gainful occupation unless the employer procures and keeps on file an employment certificate issued by a city or county superintendent of schools. Employment certificates permit employment during the school vacation or outside of school hours. Major exemptions include agricultural work and programs under the Jobs Training Partnership Act. A minor under 16 may be issued an employment certificate in order to perform in a play or musical comedy with a professional traveling theatrical production on the stage of a licensed theater, wherein not more than two performances are given in any one day and not more than eight in a work (nine when a holiday occurs during the week); or in a musical recital or concert. The minor must be accompanied by a parent, guardian or other chaperone. The minor's appearance on stage must not be more than six hours a day, six days a week, 24 hours a week or after 11 p.m. The minor will not be excused from attending school except as otherwise authorized under the school code. The manager of the theater, the person responsible for the musical recital or concert, or the parent or guardian must apply for the certificate at least 14 days in advance. An employment certificate may be issued to any minor under 16 for modeling, motion picture, radio or television production. Not-for-profit youth clubs may employ minors ages 14 and older in recreational or educational activities. Minors that are 12 and 13 years of age who officiate youth sports activities for not-for-profit youth clubs, park districts or municipal parks and recreation departments are exempt from coverage under Illinois child labor law, provided that certain restrictions are met limiting work hours, the ages of those that the minor is officiating over, requiring an employer to obtain proper certification and requiring a parent to be present. Effective January 1, 2005, a person selling tobacco products must be 16 years of age or older. |
Employment of Minors in Indiana choose another state |
Minors under 18. In Indiana, employment certificates are not required for employment in the performing arts, but no minor under 18 may be employed except under the following conditions: (1) the activities must not be detrimental to the life, health, safety or welfare of the minor; (2) the activities must not interfere with the schooling of the minor and provision will be made for the educational equivalent to full-time school attendance in the public schools for minors under 16; (3) a parent or guardian must accompany each minor under 16 at all rehearsals, appearances and performances; and (4) the employment or appearance must at no time be in a cabaret, dance hall, night club, tavern or other similar place. Minors under 14. No minor who is more than 14 but less than 18 years of age may be employed in any gainful occupation until the employer secures and places on file in the place of employment an employment certificate. Employment certificates are issued by a school official, such as a guidance counselor or school social worker. Effective July 1, 2006, employment certificates must state the maximum hours that the child can be employed. Also, a child may hold more than one employment certificate. The issuing officer is required to keep a record of each employment certificate issued and a record of the maximum hours that the child may work each week for all employers. No employment certificate is required for a minor between 14 and 18 to perform farm labor or domestic service or to act as a caddie or as a newspaper carrier during the hours when the minor is not required to be in school. No employment certificate is required for a minor under 18 who has graduated from high school. An employment certificate may be revoked by its issuing officer if the officer determines that there has been a significant decrease in the student's grade point average or school attendance since the permit was issued. Employers are prohibited from employing minors after 10 p.m. or before 6 a.m. in an establishment open to the public, unless there is another employee at least 18 years of age also working in the establishment during the same hours. This is in addition to the maximum hours restrictions already in place. |
Employment of Minors in Kansas choose another state |
In Kansas, all persons, firms or corporations employing minors under 16 must be required to first obtain and keep on file a work permit, accessible to any person charged with enforcement of the child labor law. No work permit is required for minors enrolled in or attending any secondary school within the state. The superintendent of school or a representative authorized by the superintendent (or a judge of the district court) will issue a work permit only after receiving, examining, approving and filing: (1) a written statement signed by the person for whom the minor expects to work, or someone authorized by such person, stating the occupations for which the minor will be employed; (2) the school record of the minor, properly filled out and signed by the principal of the school last attended, stating that the minor has completed the course of study prescribed for elementary schools by the state board of education [A permit may be issued to allow a minor who has not completed the course of study to work when school is not in session in the district where the minor resides.]; (3) evidence showing the minor is 14. Permits may be revoked by the state labor commissioner if it appears to the commissioner that the permit has been improperly or illegally issued or that the physical or moral welfare of the minor could be best served by revoking the permit. |
Employment of Minors in Kentucky choose another state |
The employment certificate requirement in Kentucky has been repealed. However, employers must keep records of their minor employees, including the employees' names, ages and addresses. |
Employment of Minors in Louisiana choose another state |
In Louisiana, employers of minors must keep on file an employment certificate for each minor except for minors employed in federally funded youth training programs. The certificates must be accessible on the job site or in the work area at all times to any officer charged with the enforcement of the child labor laws. The written permission of a parent or legal guardian is required before an employment certificate may be issued for a minor. Louisiana's child labor law does not apply to minors employed in agriculture or domestic services in private homes. After January 1, 2004, the superintendent or his or her designee must completely fill out and electronically submit the Employment Certificate Interactive Form located on the Department of Labor's web site. The employment certificate should be printed online from the web site from the information that has been entered onto the department's employment certificate database. The original employment certificate must be signed by the minor and the issuing authority and presented to the minor for delivery to his or her employer. Under certain circumstances, such as athletic events, exhibitions, fairs, carnivals or events of a similar nature and inventories at large department stores, blanket work permits may be issued by the Office of Labor for minors desiring employment. Work permits issued under this provision expire 60 days after issuance. Performance permits are not required for: (1) the employment of any minor as a singer or musician in a church, school or academy; (2) the teaching or learning of the science or practice of music; (3) the participation by any minor, with the written consent of the minor's parent or tutor, in any theatrical or musical performance sponsored by a nonprofit private organization or public body; or (4) the participation by any minor, with a written permit issued by the Department of Labor (upon application by an authorized agent of the production company, including documentary proof of age and consent of a parent or guardian), in any commercial motion picture, film, theatrical performance or video produced or film in Louisiana. This does not apply to minors voluntarily participating in the production of advertisement. A minor who is 17 years old and has not graduated from high school cannot work between the hours of 12:00 a.m. and 5:00 a.m. prior to the start of a school day. A minor who is under the age of 16 cannot work between the hours of 7:00 p.m. and 7:00 a.m. prior to the start of any school day or between the hours of 9:00 p.m. and 7:00 a.m. on any day. A minor who has taken and passed a General Education Development test (GED) and has been awarded a high school equivalency diploma from the Louisiana Department of Education is considered a high school graduate. These provisions do not apply to minors employed in the dairy industry. Employment of minors in Louisiana is subject to the provisions of a local curfew ordinance. Effective August 15, 2005, contracts executed by or on behalf of a minor to provide artistic or creative services for compensation of $500 or more in Louisiana must require that 15 percent of the minor's gross earnings be placed in a trust fund until the minor is 18 years of age. If a trust account is not established by a trustee on behalf of the minor within 30 days of last employment, the employer must forward 15 percent of the minor's gross earnings, along with the minor's address and Social Security number, to the treasurer of the state of Louisiana to hold in trust on behalf of the minor. Contracts or employment arrangements agreed to for artistic or creative services must also include provisions for the minor's education, and if a minor is absent from school for two or more days in a 30 day period, the employer must employ a certified teacher, to begin on the second day of employment, who is to provide a minimum of three education instruction hours per day pursuant to lesson plans provided for the minor by the principal and teachers at the minor's school. Teacher to student ratio must be one teacher for every ten students. |
Employment of Minors in Massachusetts choose another state |
In Massachusetts, minors under 18 may not be employed, except in agricultural or domestic service, unless the employer procures and keeps on file an educational certificate. Further restrictions apply to minors under 16, who must have an employment certificate in order to work. Certificates may be obtained from the superintendent of schools or school committee of the town where the minor resides. |
Employment of Minors in Maryland choose another state |
In Maryland, unless an employer possesses a work permit or special permit for a minor, the minor may not work for the employer. Employment certificates will be issued by the Commissioner of Labor and Industry, a county superintendent of schools or a designee of a superintendent of schools upon confirmation of the age of the minor requesting the work permit. The commissioner may issue a special permit to a minor of any age to be employed as a model, performer or entertainer. Effective October 1, 2005, a minor who is 17 years of age and who is too young to be a registered voter may serve as an election judge if the minor demonstrates to the satisfaction of the local county Board of Elections that the minor meets all of the other qualifications for registration in the county he or she resides in. The minor may then work more than 12 hours on election day only, subject to consent from at least one parent or guardian. |
Employment of Minors in Maine choose another state |
Maine's child labor law applies to both private and public employers. Service in the National Guard is exempt from Maine's child labor law. In Maine, a minor under 16 may not be employed without a work permit issued to the minor by the superintendent of schools (or the superintendent's designee) of the school administrative unit in which the minor resides. Issuance of work permits is conditioned, among other things, on the minor being enrolled in school and passing a majority of courses. The employer must keep all work permits issued for its minor employees on file and accessible to any attendance officer, factory inspector or other authorized officer charged with the enforcement of the child labor laws. The employment certificate requirement does not apply to minors engaged in household work, or work performed in the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances. Minors who are participants in summer youth employment and training programs funded by the Department of Labor are exempt from obtaining individual permits, as long as the program employing the minor has submitted a master permit. Minors between the ages of 15 and 17 who may not receive a regular work permit may receive a special work permit for employment in non-hazardous occupations. Such a permit must be issued by the commissioner and director of labor. If school is in session, a minor may only be issued one work permit at a given time. During summer vacation, the minor may be issued two work permits at a given time. Effective June 29, 2005, an employee must be at least 17 years old to be employed in direct, face-to-face sales of tobacco products. An employee who is at least 17 years of age, but younger than 21 years of age may sell tobacco products in retail sales only in the presence of another employee who is at least 21 years of age and who is employed in a supervisory capacity. |
Employment of Minors in Michigan choose another state |
In Michigan, except in farming operations, a minor may not be employed in an occupation regulated by the child labor laws until the employer procures from the minor, and keeps on file at the place of employment, a copy of the work permit or temporary permit (valid for 10 days) issued to the minor by the school district in which the minor resides. Immediately after termination of the minor's employment, the employer must return the permit to the issuing officer. The work permit requirement does not apply to a minor 13 or older who is employed in farming operations involving detassling, roguing, hoeing or and similar act involved in the production of seed. This exception applies only when the minor is employed during school vacation or when the minor is not regularly enrolled in school. The exception does not provide an exception from any other provision of the child labor law. An employer must keep on file at the place of employment evidence of the age of any minor employed under this work permit exception. Effective January 8, 2004, minors may volunteer for unpaid, adult-supervised charitable housing organization non-hazardous construction activities. |
Employment of Minors in Minnesota choose another state |
In Minnesota, the school superintendent, or the superintendent's designee, is authorized to issue employment certificates. A minor 14 or 15 must have an employment certificate to be employed on school days during school hours. The certificate must show the name, address, date of birth and description of the minor, the kind of work to be performed, the hours of exemption and must require the signature of the parent or guardian and the minor in the presence of the issuing officer. Every employer must require proof of age from any minor employee by requiring the minor to submit an age certificate, a copy of the minor's birth certificate, a copy of the minor's driver's license or a U.S. Department of Justice Immigration and Naturalization Service Employment Eligibility Verification Form I-9. The commissioner, the commissioner's authorized agent or a truant officer may enter and inspect the place of business or employment and interview employees for the purposes of ascertaining whether any minors are employed contrary to the provisions of the child labor law. Such official may require that the employer produce employment certificates, age certificates and lists of minors employed. Minnesota's child labor law exempts minors ages 11 through 13 from the minimum age requirements when employed as youth athletic program referees, umpires or officials for an age brackets younger than the minor's own age. Minors 11 through 13 may be employed as soccer assistant referees at events where the participants are under 14 years of age. An adult representing the state or local athletic program must be on the premises where the event is occurring and a person responsible for the program must have the signed, written consent of the minor's parent or guardian. |
Employment of Minors in Missouri choose another state |
In Missouri, a work certificate may be issued upon application by the minor or the minor's parent/guardian, and upon receipt and approval by the issuing officer of the following: (1) a signed statement of intention to employ from the prospective employer stating specifically the nature of the occupation and the number of days and hours of employment; (2) proof of the age of the minor by birth certificate or other documentary evidence; (3) a physician's certificate showing that the examining doctor has found the minor in good mental and physical health and capable of performing labor without injury to his or her health and mental development; and (4) a certificate from the principal of the minor's school giving the grades completed (unless the minor is permanently excused from school attendance). Employers must keep the work certificate on file. On termination of employment, the minor's work certificate will be sent immediately to its issuing officer. A new certificate may be issued for a minor whose certificate has been returned by the employer to the issuing officer. Minors between 14 and 16 may be employed at any non-prohibited occupation, except that during the regular school term a minor may not be employed unless issued a work certificate. |
Employment of Minors in Mississippi choose another state |
In Mississippi, no employment certificate requirement is specified. However, a minor over 14 and under 16 may not be permitted to work in any mill, cannery, workshop, factory, or manufacturing establishment more than eight hours in one day, 44 hours in one week or between 7 p.m. and 6 a.m. and must comply with the compulsory school attendance law. Exceptions exist for railroads, public service corporations and seasonal agricultural occupations. Minors under 14 may not be employed in any mill, cannery, workshop, factory or manufacturing establishment. This prohibition does not apply to fruit or vegetable canneries. Mississippi's child labor laws do not apply to married minors under the age of 18. Minors under 17 may not be licensed to drive any motor vehicle in use as a school bus or common carrier of persons or property. |
Employment of Minors in Montana choose another state |
Montana has no law on the employment of minors. |
Employment of Minors in North Carolina choose another state |
No youth in North Carolina who is under 18 may be employed by any employer in any occupation without a youth employment certificate unless specifically exempted. Certificates are issued by county directors of social services, subject to review by the department of labor. The commissioner of labor may require, by regulation, that the DOL issue certificates for occupations with unusual or unique characteristics. The employer's copy of the youth employment certificate must be given to the employer by the youth on the first day of employment. No employer may employ a youth until the employer has received its copy of the certificate. The employer must maintain the certificate on record where it is readily accessible to any person authorized to inspect or investigate youth employment. The employer must maintain the certificate on record as long as it employs the youth and for two years after the employment terminates. Workers under 18 years of age employed by their parent, guardian, or other person standing in loco parentis are generally exempt from the provisions of North Carolina's child labor laws. Effective for contracts entered into on or after January 1, 2004, contracts with minors and third parties for artistic or creative services, contract agreements to purchase, secure, sell, lease, license or otherwise dispose of a literary, musical, or dramatic property, or use of a person's likeness, voice recording, performance, or story based on their life for use in the entertainment field, a contract to participate or play in a sport, or a contract to work as an extra, background performer or similar work through an agency for a fee, such as a casting agency, require a parent or guardian to provide a copy of the child's birth certificate indicating the child's minority status to the other parties in the contract, provide for a percentage of the child's earnings to be set aside in a trust, and must provide that the contract cannot be disaffirmed where the contract was approved in the superior court of the county where the minor resides or is employed. |
Employment of Minors in North Dakota choose another state |
No minor between 14 and 16 in North Dakota may be employed in any occupation except farm labor or domestic service unless: (1) the minor is working for or under the direct supervision of the minor's parent, grandparent or guardian; (2) the minor has graduated from high school or is exempt from compulsory school attendance; or (3) the minor has an employment certificate signed by the minor's parent or guardian in accordance with the law. An employment certificate must be in writing and must be issued by the minor's parent or guardian. The parent or guardian who certifies, or rejects, the employment certificate must file a completed copy with the Department of Labor, the employer, the principal of the school that the minor attends, or a principal in the municipality in which the minor resides, within 10 days of certification or rejection. No employment certificate is required for any minor then in, or who is about to enter, the minor's own employment or the employment of a firm, corporation, or limited liability company of which the minor is a member, officer, or manager. The Commissioner of Labor will make the certificates of employment available. |
Employment of Minors in Nebraska choose another state |
In Nebraska, no child under 16 years of age may be employed in any employment unless the employer procures and keeps on file, accessible to the attendance officers and to the Department of Labor and its assistants and employees, an employment certificate. An exception exists for the employment of a minor solely as a caddie on a golf course or place where golf is played. Employment certificates are only issued by the superintendent for the school district in which the minor resides or by one authorized by the superintendent (or school district officers if there is no superintendent) to approve employment certificates. Effective June 2, 2005, employment of a minor under the age of 16 as a door-to-door solicitor is prohibited. A minor under the age of 16 is permitted to deliver or distribute newspapers or shopping news to existing customers of such newspapers or shopping news. A minor who is working on behalf of his or her own individual entrepreneurial endeavor is also allowed to work as a door-to-door solicitor. |
Employment of Minors in New Hampshire choose another state |
In New Hampshire, no minor under 16 is permitted to work, except for the minor's parents, grandparents or guardian; as farm labor; or casual labor; without a youth employment certificate. Certificates will be issued by principals of school or their authorized agent after the determination of a satisfactory level of academic performance by the student. If a student ceases to maintain a satisfactory level of academic performance after the issuance of the certificate, the certificate may be revoked. All certificates must include a signature line for the parent or guardian of the minor and must show proof of age and adequate health. Youth employment certificates must be obtained by an employer within three business days of the first day of employment. |
Employment of Minors in New Jersey choose another state |
In New Jersey, no minor under 18 may work unless the employer has an employment certificate or special permit. Before being issued a permit, an employer must submit a written promise of described work, proof of age, a statement of physical fitness and a signed school record. Certificates are valid only for the employer for whom they are issued and for the occupation designated in the promise of employment. An employment or age certificate or special permit will be conclusive evidence of the age of the minor. Certificates can be obtained from the issuing officer of the school district which the minor attends. Employment certificates are of two kinds, regular certificates permitting employment during school hours, and vacation certificates permitting employment during the school vacation and during the school term at such times as the public schools are not in session. Exceptions. No permit or certificate is required (1) for a minor 16 or over engaged in agriculture; (2) a minor 14 or over employed when school is not in session at agricultural fairs or animal shows lasting 10 days or less; (3) nor is a vacation certificate required for the first 14 days of employment in seasonal amusement, food service, restaurant or retail occupations when school is not in session. |
Employment of Minors in New Mexico choose another state |
In New Mexico, no minor between 14 and 16 may be employed or permitted to labor at any gainful employment during the school term unless the minor has been issued an employment certificate. No minor under 14 may be employed during the hours school is not in session unless issued an employment certificate. Permit certificates will be issued only by school superintendents, school principals, designated issuing school officers or the director of the labor and industrial division of the labor department of the director's designee. The application for a certificate must show that the minor is in good physical health and that the work to be performed would not result in injury to the health, morals or mental development of the minor. Satisfactory proof of age of the minor must be furnished. Minors between 14 and 16 applying to work during the school year must also provide information regarding the necessity to the family, the dependents of the minor or the minor of the income to be derived from the employment. Permits are good for only one year from the date of issuance. |
Employment of Minors in Nevada choose another state |
In Nevada, the board of trustees of any school district, or any person designated by the board, will issue to a minor over 14 who has been excused from attending school by the board, a certificate that must be presented by the minor to the minor's employer. A minor under 14 cannot be employed during school hours unless the minor is excused by the school district or under order of the juvenile division of the district court for purposes of employment. |
Employment of Minors in New York choose another state |
In New York, no minor may be employed in any trade, business or service without a work certificate or permit except for enumerated occupations during periods when school attendance is not required and farm labor. Certificates are issued by school authorities. Effective December 20, 2005, an employer of a worker claiming to be between the ages of 18 and 25 who does not present an employment certificate must require from the worker, and must furnish upon demand to the commissioner or an authorized representative, proof of age in the form of a driver's license or other documentation issued by a state or the federal government or a certificate of age issued by an employment certificating official. Proof of age or a legible copy must be kept on file at the workplace. Minors who are 17 years of age and are employed as counselors, junior counselors, or counselors in training at summer camps for children during the months of June, July and August are exempt from the employment of minors laws. A student non-factory employment certificate may be issued to a minor 14 or 15 years of age who is attending day school. The certificate is valid for work in a trade, business or service, but generally not for work in or in connection with a factory. A student general employment certificate may be issued to a minor 16 or 17 years of age who is attending day school. It is valid for work in or in connection with a factory or any other trade, business or service. A full-time employment certificate may be issued to a minor 16 or 17 years of age who is not attending day school or who declares his or her intention to leave day school for full-time employment. It is valid for work in or in connection with a factory or any other trade, business or service. A full-time employment certificate also may be issued to a minor who is a graduate of a four-year high school, but if such minor is under 16, the certificate generally will not be valid for work in or in connection with a factory. A limited employment certificate (issued for a minor with limited physical fitness) is valid for not more than six months from the date of issuance. No minor between 14 and 18 may engage in street trades (carrying, selling, offering for sale newspapers or periodicals or working as a bootblack) unless a street trades permit has been issued to him or her. Newspaper carriers are exempt from permit requirements. Permits are issued in the same manner as employment certificates, by school authorities. New York has enacted the Child Performer Education and Trust Act of 2003, to protect child performers who work in and/or reside in the state of New York, to ensure they are provided with adequate education and that a portion of the child performers' earnings are kept in trust until the age of majority. The law requires that 15 percent of the child performer's earnings be set aside in trust. In addition, child performers will be required to provide evidence each semester that satisfactory academic performance is being maintained. If a child is unable to meet educational requirements due to employment, the employer must provide a teacher who is certified or has credentials recognized by the state of New York to provide the educational requirements. A child performer may be employed, used or exhibited in any of the exhibitions, rehearsals or performances set forth under the arts and cultural affairs law if a child performer permit has been issued in accordance with the law. A child performer is required to have an employment permit, issued by the department of labor, that includes the true and stage name of the child, the name and address of the child's parent or guardian, written consent of the parent or guardian, and evidence provided by the child each semester demonstrating satisfactory academic performance. A permit does not allow a child to participate in an exhibition, rehearsal or performance that is harmful to the welfare, development or proper education of the child performer. A permit may be revoked by the labor department for good cause. Employment permits for child performers will be valid for six months from the date of issuance. Prior to employing a child performer, employers will be required to register by obtaining a certificate of eligibility to employ a child performer. Employer violators will face civil penalties. |
Employment of Minors in Ohio choose another state |
In Ohio, except as otherwise provided, no minor of compulsory school age may be employed unless the minor presents to the employer a proper age-and-schooling certificate. The employer must keep the certificate on file and available for inspection by any enforcement official. Exceptions to this rule may be made for minors 16 and 17 during summer vacation. No certificate is necessary during vacation months if the minor has parent/guardian permission and proof of age (being 16 or over). Any child over 14 years of age employed during hours when the public school to which the minor is assigned is not in session in occupations not prohibited under the state's child labor law, may upon application receive from the certificate-issuing authority of the school district in which the minor lives a part-time and vacation certificate. These certificates must be filed and returned by employers under the same conditions and penalties as apply to regular age and schooling certificates. No part-time and vacation certificate is required of minors aged 16 and 17. Certificates are obtained from the superintendent of schools and returned to the superintendent when the minor ceases employment. |
Employment of Minors in Oklahoma choose another state |
No minor under 16 in Oklahoma may be employed in any occupation permitted by law unless the employer has an age and schooling certificate on file. The principal of the minor's school must approve age and schooling certificates. If a minor apparently under 16 is found working in a factory or establishment and the minor's employment certificate is not filed as required by law, any person charged with administration of the child labor law may demand that the employer furnish, within 10 days, satisfactory evidence that the minor is over 16 or cease to employ the minor. Failure to produce and deliver evidence of age to the officer, within 10 days after demand, and continued employment of the minor, will be evidence in any prosecution brought for violation of this provision. In view of federal law restrictions on the employment of minors 16 and 17, the state department of labor strongly recommends that certificates be obtained for those 16 and 17 as well as for those under 16. However, state law specifically refers only to certificates for minors under 16. |
Employment of Minors in Oregon choose another state |
No minor under 18 in Oregon may be employed or permitted to work in any permitted employment unless the employer procures and keeps on file an employment certificate. Employers of minors must make reports to the Wage and Hour Commission regarding their minor employees. Minors under 18 may not be employed in occupations related to the use, storage or manufacture of explosives. Effective January 1, 2006, a minor under 16 years of age is entitled to a mealtime of at least 30 minutes and the mealtime can not be included as part of the day's work hours. Vacation permits. Minors between 12 and 14 may engage in suitable work during school vacation periods where permission of the Wage and Hour Commission is secured. |
Employment of Minors in Pennsylvania choose another state |
Employers in Pennsylvania are not permitted to employ a person under 18 during the hours that public schools are in session unless the employer has on file a legally issued employment certificate, farm permit or domestic service permit. Employment certificates are issued only by specified school officials. If the minor leaves employment or is absent for five days, the employer must immediately in writing notify the school official who issued the certificate. A special work permit is not required by a minor to participate in a nonprofit, educational, theatrical production if there is informed, written consent of a parent or guardian, participation is for a period of no more than 14 consecutive days, participation is not during school hours, and the minor receives no direct or indirect remuneration. Minors under the age of 16 may not be engaged in youth peddling except under the following conditions: (1) a signed consent has been obtained from the minor's parent or guardian; (2) appropriate adult supervision is provided; (3) The minor is not engaged in youth peddling past 6 p.m. of any day; (4) The minor is engaged in youth peddling on only those days and during those hours prescribed by the department; (5) Any other requirements as the department may establish, by regulation, to protect the minor's safety, health and well-being; (6) School officers charged with issuing employment certificates under the child labor law and its regulations shall approve the employment of minors to conduct youth peddling in accordance with these conditions. Youth peddling means the selling of goods or services by minors to customers at their residences, places of business or public places, including but not limited to, street corners, roadway medians, sports and performing arts facilities, public transportation stations, sales from vehicles or the placement of advertisements or literature outside of fixed retail locations. It does not include minors who sell products, goods or services as volunteers without compensation on behalf of nonprofit organizations, minors engaged in the delivery of newspapers to consumers at their residence or place of business or minors employed at fixed retail locations in compliance with the provisions of the federal Fair Labor Standards Act. The term also does not include minors who sell products, goods or services under the immediate supervision of a parent or guardian and do not reside away from their home while engaged in the sales activity. |
Employment of Minors in Puerto Rico choose another state |
No minor over 14 but less than 18 may be employed in Puerto Rico in any gainful occupation unless the employer obtains and keeps on file, accessible to any authorized person, an employment certificate or a special permit. The employer must also post a complete list of all minors employed in that occupation in a conspicuous place on the site where the minors are employed. Minors between 14 and 18 employed in coffee picking must carry a card issued by the Department of Labor stating that they are of age and healthy. Work restrictions do not apply to work done by minors in recognized public or private schools; in occupations, shops, factories or in public or private establishments where the work done constitutes part of the school program. Minors under 18 years of age may not be employed in undercover police work. Minors between 12 and 18 must obtain work permits through the Department of Labor. Effective August 26, 2005, a minor under the age of 18 is protected from employment discrimination based on his or her criminal history. A minor's criminal file is considered confidential, and the lack of access to a minor applicant's history can not be the sole grounds for employment denial. |
Employment of Minors in Rhode Island choose another state |
In Rhode Island, the school committee of each town, or such person as the school committee may designate, may issue for any child who at least 14 years of age a permit to work. The permit may be limited based on the child's age. A minor's work permit may be revoked or suspended by the issuing school committee upon the recommendation of the principal of the school that the child attends to the school committee, that the issuance of the permit appears detrimental to the well-being of the student or detrimental to the academic success of the student. |
Employment of Minors in South Carolina choose another state |
South Carolina has no law on the employment of minors. |
Employment of Minors in South Dakota choose another state |
In South Dakota, no minor under 16 may be employed at any time in any occupation dangerous to life, health or morals, nor may any minor be in any manner exploited by any employer. This provision does not apply to minors employed by their parents or to minors who have successfully completed a safety course and received a license, permit, or certificate from a state or federal agency to operate agricultural equipment or otherwise to be employed in any occupation in an agricultural occupation within the scope of the license, permit, or certificate. Every employer must keep a list of all employees that are age 15 and under who work pursuant to a work permit. The employer must keep the required certificates and permits in connection with employment on file and open to inspection at all times by an authorized person. |
Employment of Minors in Tennessee choose another state |
In Tennessee, employment certificates are required for the employment of minors under 18. Certificates are issued by the superintendent of schools for the county where the minor either resides or is to be employed. Exceptions are made for housework in the home of the minor, agricultural work, casual work usual to the home of the employer and that is not in connection with the employer's business or otherwise prohibited, sale or delivery of newspapers and babysitting. Before any minor may be employed in connection with any gainful occupation, the employer must require proof of age by requiring the minor to provide the employer with a copy of the minor's birth certificate. If a birth certificate is not available, other documentary evidence such as a baptismal certificate or a passport may be accepted. If such evidence is not available, the parents or guardian must appear with the minor before the judge or other officer of the juvenile court of the county in which the minor resides and must make an oath as to the age of the minor. The commissioner may consider and grant special exemptions submitted in writing by a minor and the minor's parents or guardian from any provisions of the child labor law. |
Employment of Minors in Texas choose another state |
In Texas, employment permits are no longer required for minors. A child who is at least 14 years of age may apply to the Texas Workforce Commission for a certificate of age that states the date of birth of the child. The application must include documentary proof of age as required by the commission. After approval by the commission of the proof of age, the commission will issue to the child a certificate of age. An employer may not employ a person under 18 years of age to sell, prepare, serve, or otherwise handle liquor, or to assist in doing so. A holder of a permit or license providing for the on-premises consumption of alcoholic beverages may employ a person under 18 years of age to work in any capacity other than the actual selling, preparing, or serving of alcoholic beverages. The holder of a permit or license providing for the on-premises consumption of alcoholic beverages who also holds a food and beverage certificate may employ a person under 18 years of age to work as a cashier for transactions involving the sale of alcoholic beverages if the alcoholic beverages are served by a person 18 years of age or older. Effective September 1, 2005, the child labor law does not apply to the employment of a minor who is age 11 or over and engaged in the delivery of newspapers to the consumer. |
Employment of Minors in Utah choose another state |
In Utah, all schools will cooperate with employers by issuing age certificates or lists of students showing their dates of birth, according to school records. Age certificates do not relieve employers of full responsibility for complying with all laws and rules pertaining to the employment of minors. Minors seeking employment in occupations in areas that might otherwise be harmful if not controlled must file an application for an employment certificate. The Labor Division will ascertain or establish the hours or conditions of labor and employment, or both, for those situations. Application for a certificate must be made in writing and provide the name of the minor, the minor's address, telephone number, date of birth, the name and address of the parent or guardian approving of the employment, and specify any related training completed or in progress. The name of the prospective employer, the address and telephone number, the name and title of the employer's representative, the type of business, the specific duties of the minor, and the specific equipment or machinery the minor would be allowed to operate or repair must also be provided in sufficient detail to allow a decision regarding the certificate. The Labor Division will review all requests for certificates and issue a certificate to be signed by the Division Director. |
Employment of Minors in Virginia choose another state |
No minor under 16 in Virginia may be employed, permitted or suffered to work in, about or in connection with any gainful occupation with the exception of volunteer work or work on farms, orchards and gardens, and as otherwise provided, unless the employer procures and keeps on file and accessible to any authorized person, an employment certificate; either a work/training certificate or a vacation/part-time employment certificate. Children ages 12 and older may be employed as referees for sports programs sponsored by charitable, state or local organizations or by an organization recognized by the United States Olympic Committee under federal law. Employment certificates are issued by the superintendent of school or the superintendent's designee, upon application in person of the minor desiring employment accompanied by a parent/guardian or a notarized statement from the parent/guardian granting permission for the employment of the minor. |
Employment of Minors in Virgin Islands choose another state |
No information available. |
Employment of Minors in Vermont choose another state |
In Vermont, minors under 16 need an employment certificate to be employed. Certificates are issued by the commissioner of industrial relations. Certificates are not needed during vacation periods. |
Employment of Minors in Washington choose another state |
Employers in Washington must obtain and maintain a valid work permit before employing a minor under 18 years of age. Minors' work permits are valid for as long as the minors are employed, the minors work at that workplace or the minors work under work conditions controlled by that employer. Also, prior to hiring a minor or allowing a minor to work, an employer that seeks to employ one or more minors must obtain and keep on file at the minor's workplace a completed parent/school authorization form for each minor that is not emancipated that they employ and copies of any |
Employment of Minors in Wisconsin choose another state |
In Wisconsin, before a minor under 18 years of age is permitted to work, a work permit must be on file with each employer, except those in agriculture, domestic service, apprenticeships, volunteer work, public entertainment and nonprofit fund raising. If a minor pays the $5 fee to the permit officer for the work permit, the employer must reimburse the minor not later than the first paycheck. Under Wisconsin's workers' compensation law, when a minor without a work permit is injured, the employer may be assessed double compensation. To obtain a work permit the minor must present: (1) proof of age; (2) a letter from the employer stating the intent to employ the minor along with the job duties, hours of work and time of day the minor will be working; (3) a letter from the minor's parent, guardian or court-ordered foster parent consenting to the employment (or the parent, guardian or foster parent may countersign the employer's letter); (4) the minor's Social Security number; (5) the statutory permit fee of $5; and (6) the address of the school the minor attends. Conditions for issuance. Except in public exhibitions, radio and television broadcasts and modeling, a permit may not be issued authorizing any minor 14 to 18 to be employed during the hours the minor is required to attend school unless the minor has completed high school. Street trade permits. Street trade permits are required for minors engaging in selling or offering for sale, soliciting or collecting, displaying or distributing: newspapers, magazines, articles, goods, merchandise, circulars, posters, commercial service or shoe shining. Minors engaged in fund raising for nonprofit organizations are exempt from the required street trade permits if an employer-employee relationship does not exist. |
Employment of Minors in West Virginia choose another state |
In West Virginia, the superintendent of schools for the county where a minor resides is authorized to issue work permits. In special circumstances, the commissioner of labor has authority to issue supervision permits. Work permits are required of minors ages 14 and 15 in gainful, non-hazardous occupations. Any minor under 16 employed in any gainful occupation, other than agriculture, horticulture or domestic service in a private home must have a work permit. Provisions exist for the issuance of blanket work permits when 25 or more minors will be employed for 90 days or less. |
Employment of Minors in Wyoming choose another state |
In Wyoming, work permits are no longer required. However, to ensure that a child is of proper age to be employed, every person, firm or corporation employing a child under 16 must procure a form of proof of age, and keep it on file where the child is employed. The proof of age must be made available for inspection by any official charged with the enforcement of laws regulating the employment of minors. The acceptable forms of proof of age include the following: (1) a duly attested birth certificate; (2) a properly prepared Immigration and Naturalization Form I-9 showing the age of the child; or (3) any other document showing the age of the child as approved by the Department of Employment. |
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