Employing minors is an area where small business owners need to be aware of federal and local labor laws and make sure they remain fully compliant with the guidance outlined in the Fair Labor Standards Act (FLSA).
Child labor laws are in place to ensure that work environments are safe for minors and don’t get in the way of education.
Administrated and enforced by the Department of Labor, the FLSA sets the minimum age for employment as 14 for non-agricultural jobs, limits the number of hours a person under the age of 16 can work, and prohibits people under the age of 18 from employment in hazardous occupations.
For example, minors are prohibited from working in dangerous fields like in a plant, with heavy machinery, driving motor vehicles, or firefighting.
In this article, we provide an overview of minor employment laws, explain the types of work minors in the workplace can perform, and share advice to help you deal with conflict with parents or guardians.
What is the youngest you can employ someone?
According to the FLSA, the youngest you can employ someone is 14. However, there are exceptions and different rules for child actors or performers, newspaper delivery, agricultural work, babysitting, or employment in a family business.
The rules regarding employing minors also differ for each state, so it’s always best to check State Labor Laws to make sure your small business is compliant at the federal and state level.
Is child labor illegal in the US?
Yes, child labor is illegal in the US.
Any person under the age of 14 is not allowed to work, with exceptions for performance artists, newspaper delivery, agricultural work, or family business employment.
The FLSA is designed to prevent children and minors from being exploited and allow them to focus on education rather than employment.
How late can a minor work?
The FLSA states that minors under 16 can’t work more than eight hours per day and 40 hours per week when school isn’t in session and three hours per day and 18 hours per week when school is in session.
It also has laws regarding the nightly hours that minors under 16 can work. During the school year, federal law states that minors under 16 cannot work after 7 p.m. or before 7 a.m.
From June 1st through Labor Day, it states that minors under 16 can work until 9 p.m.
There are also specific child labor laws for each state regarding hours worked, which you’ll also need to follow after hiring minors.
What is the earliest age a minor can be employed?
The earliest a minor can work varies depending on the age and job. As a general rule, the FLSA sets 14 as the minimum age for employment and limits the number of hours worked by minors under 16.
How long is a minor allowed to work?
The FLSA states that minors aged 14-15 in non-agriculture are allowed to work the following:
During the school year.
- On a school day: Up to 3 hours.
- In a school week: Up to 18 hours.
- On a non-school day: Up to 8 hours.
- In a non-school week: Up to 40 hours.
- Hours: Work must be performed between 7 a.m. and 7 p.m.
During the summer (June 1 to Labor Day).
- On a non-school day: Up to 8 hours.
- In a non-school week: Up to 40 hours.
- Hours: Work must be performed between 7 a.m. and 9 p.m.
There are no restrictions on the number of hours worked per day for 16-17-year-olds.
What are the minor labor laws for breaks?
When employing minors, you need to track breaks by using a time clock and ensure that minors are well-rested in between shifts.
The FLSA does not regulate breaks at the federal level. However, most states have their own laws regarding breaks when employing minors, so make sure to check these and remain compliant.
Hiring minors to work in a restaurant.
Below, is a summary of the types of restaurant positions the FLSA regulates for minors.
Check your local laws, as many states have their own restrictions that apply to minors in addition to the FLSA.
| Age
14-15 years old |
What minors can do
|
What minors can’t do
|
| 16-17 years old | All of the above, including:
|
|
How to deal with parental conflict when employing minors.
Sometimes, conflict occurs with parents or guardians over employing minors in the workplace. For example, terminating a minor employee with cause could lead to questions around your company policy or compliance with child labor laws. Parents calling employers is not unheard of.
Dealing with minor employees’ parents and guardians is a delicate subject that needs good communication, flexibility, and a commitment to federal and state laws.
Here’s how to manage things should a disagreement come up:
-
- Make sure you’re compliant: Know the federal and state rules and regulations to help ensure your business isn’t falling foul of the law.
- Have a clear job description: Outline duties, working hours, and expectations to the minor and their guardian.
- Create an open dialogue: Encourage parents and guardians to voice concerns and use active listening skills to understand what they’re saying. Be open to feedback.
- Be flexible: Accommodate any requests regarding scheduling to the best of your ability.
- Resolve conflict: Make sure that any resolutions adhere to company policy and work laws for minors.
How to schedule shifts for minors.
Scheduling around school, sports matches, extracurricular activities, social events, and everything else minors do can be tricky, especially when those commitments don’t necessarily repeat consistently.
Familiarize yourself with school schedules, and remember to include after-school or extracurricular activities. Also, allow time for homework or other educational commitments.
To make things easy, use scheduling software to manage employee hours. Ask your employees to add their schedule availability in advance, even if their availability changes from week to week. Then, when you’re building the schedule, you’ll be able to see who can work which shifts at a glance.
If you use Homebase, employees can easily trade shifts with a coworker via the Homebase mobile app (with your approval). Sign up for a 14-day free trial to get started.
Employing Minors FAQ
Do minors need parental consent to work?
Whether you need parental consent to work will depend on the state you live in. Some states require minors under 18 to obtain a work permit or employment certificate before they can start work, both of which could require parental consent.
What time do minors have to leave work?
Minors aged 14-15 need to finish and leave work at 7pm. This is because minors that are aged 14-15 must perform their duties between the hours of 7am and 7pm, as outlined in the FLSA minor laws for working hours.
For minors 16-17, there are no federal restrictions on what time that age group has to leave work.
Can a minor be a manager?
Yes, a minor can be a manager. However, if you want to hire or promote a minor to a manager position, consider whether they can perform the duties required by the role. For example, cashing up, working late, or using heavy machinery.
Can a minor close a store alone?
Whether a minor can close a store alone will depend on company policy and state law. For example, some states require a minor to be supervised by an adult at all times, which wouldn’t allow them to close a stone on their own.
Can you work full time as a minor?
For a minor, maximum working hours depends on their age. If you’re a minor aged 16-17, you can work full time. If you’re a minor aged 14-15, there are limits on the number of hours you can work. And if you’re under 14, it’s illegal for you to work at all, with some exceptions for entertainment, agriculture, and family-run businesses.
Remember: This is not legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor or agency.
