Hiring young people might be tempting for a business. After all, the labor is affordable since kids don't demand high salaries and won't need health, retirement and vacation benefits like their older counterparts. Kids are also enthusiastic, willing to do grunt work and able to handle hard labor. Before you hire minors, though, understand the law.
Federal Child Labor Rules
Find the rules about child labor in the Fair Labor Standards Act (FLSA). It divides minors into categories based on their age.
Children under 13 may not be employed unless the job is on a farm or in a business operated by parents or guardians.
Children who are 14 to 15 years old have several restrictions.
Restrictions for 14- to 15-year-olds
- During the school session, they can work a maximum of three hours per day and 18 hours per week.
- Non-school sessions can include eight hours of work per day and 40 hours per week maximum.
- They may only work from 7 a.m. until 7 p.m., or until 9 p.m. from June 1 to Labor Day.
- Hour and day restrictions do not apply for kids who are employed by parents or guardians.
- They may not perform hazardous jobs, including driving motor vehicles, mining, operating certain power tools, logging, manufacturing or meat packing, packaging or slicing.
- State minimum wage guidelines apply.
Children who are 16 to 17 years old can work unlimited hours per day and days per week. Certain hazardous job limitations and state minimum wage guidelines apply.
Children over 18 are considered adults and have no restrictions on work hours or days.
Exceptions to FLSA rules do not apply to kids who work as actors, deliver newspapers or work at home with evergreen materials. Agricultural exceptions also exist.
Paperwork Requirements
If you decide to hire minors, make sure your paperwork is in order.
- Use an official birth certificate, driver's license or other document to verify the minor's age.
- Obtain an age certificate from the Department of Labor's Wage and Hour division.
- Your state may require you or your minor employee to get a work permit available through your state's Department of Labor.
- Get permission from the minor's parent and school. The authorization form is available from your state's Labor and Industry department.
- Retain employment records for at least three years. The information includes the employee's name, address, occupation, employment dates, pay rate, hours worked and pay received.
Before you hire minors for even small tasks like filing papers or cleaning your office, check the federal laws and your state's Department of Labor's website. Talk to your insurance agent and attorney, too, as you make sure you're following the law.
Frequently Asked Questions
What ages can a business generally employ?
Federal rules separate minors by age: under 13, 14–15, 16–17, and 18 and over, with different restrictions for each group.
Are there limits on how many hours 16- and 17-year-olds can work?
Federal law allows 16- and 17-year-olds to work unlimited hours, but some hazardous job restrictions and state laws may still apply.
What paperwork should an employer keep when hiring a minor?
Employers should verify age with official documents, obtain any required age certificates or work permits, get parental and school permission if required, and retain employment records for at least three years.
Can minors be assigned hazardous work?
Generally, minors—especially 14- and 15-year-olds—are prohibited from hazardous occupations; specific prohibitions vary by age and task.