Introduction
It can be difficult for both employers and minors to understand the nuances of child labor regulations in the United States.
This blog will explore federal safeguards that are applicable to every minor in the United States, potential state-level variations, and the implications of these laws for particular age groups.
Read on to know ‘How many hours can a 16-year-old work?’ and other age groups of minors.
The Fair Labor Standards Act: What is it?
A 1938 federal legislation known as the FLSA (Fair Labor Standards Act) sets minimum wages, overtime compensation, recordkeeping requirements, and juvenile employment rules, or restrictions on child labor. It covers almost every type of workplace, both public and private.
What are the FLSA’s child labor rules?
While many of the FLSA’s provisions are applicable to all American workers, the following limitations are particular to children under the age of 18:
- 14 is the minimum age required for the majority of jobs.
- Limits the hours and job opportunities available to kids between the ages of 14 and 15.
- Prohibits children between the ages of 16 and 17 from working at jobs deemed too hazardous.
Additionally, it permits companies to pay anyone who is below the age of twenty a “youth minimum salary” (at present $4.25 per hour) for the first ninety days of work. Youth must then be paid the minimum salary, but they will get the youth minimum salary each time they switch jobs.
Child labor laws: When did they begin?
Around 1900, the United States saw the start of the real push to reform or outlaw child labor. Eighteen percent of the country’s laborers in that year were younger than 16 years old. Laws on child labor encountered strong opposition.
The Supreme Court swiftly ruled that legislation enacted in 1916 & 1918 were illegal. A constitutional change permitting similar regulations was enacted in 1924, however states refused to approve it into law.
As a component of the New Deal, President Franklin Roosevelt signed the FLSA into law. In an attempt to lift the nation from the Great Depression, laws against child labor were implemented since they gave adult workers additional employment options.
In what ways do state-based minor labor laws differ?
Minor labor rules in each state may be more stringent than those at the federal level. When federal and state regulations conflict, the legislation that gives a child more protection should be applied. The question ‘How many hours can a 16-year-old work?’ becomes important. However, state-level restrictions may still apply even when federal law offers more leeway.
The Fair Labor Standards Act establishes fourteen as the legal minimum working age for the majority of job positions. However, the FLSA permits minors 13 and under to do only some tasks, such as:
- Entertainment work (such as performing or acting)
- Delivering newspapers
- Working in non-hazardous jobs for their parents
The FLSA permits kids as young as ten and eleven to work in non-hazardous agricultural jobs under extremely specific guidelines: solely during harvest season, on nearby farms, and with permission from their parents. Even younger people can work on farms in some places. So long as the parents agree, there is no minimum age requirement in Utah.
Reduced Child Labor Regulations
In the past few years, there has been a movement in many states to relax their regulations regarding child labor. Here are a few particular instances:
Iowa (2023)
- Lowered the minimum age of employment to 14 years old for some positions in industrial laundries and meat coolers.
- Permitted, with parental permission, 15-year-olds to operate near hazardous gear on assembly lines.
- 16-year-olds are allowed to offer alcohol in establishments when two adults are present.
Arkansas (2023)
- Removed the 14- & 15-year-olds’ work permits.
- Increased the number of jobs that minors can work in.
New Hampshire (2022)
- Let fourteen-year-olds work an unlimited number of hours on farms alongside family members without a work permit.
‘How many hours can a 16-year-old work?’ may also differ in some states.
Are proof of age or work permits required by law for child labor?
While many states have specific documentation requirements for child work, federal law does not. Ten states, including Louisiana, Georgia, and North Carolina, require every minor to have an Age Certification, which serves as official evidence of age certification for their employer. In 26 additional states, it is mandatory in certain situations (e.g., occupation or age). In South Carolina, Florida, Utah, and Texas, all minors must have a job certificate, sometimes known as a work permit.
Maximum hours that a fifteen-year-old can work
The federal FLSA puts restrictions on the number of hours and intervals of day that minors aged fourteen and fifteen are permitted to work. This is different from ‘How many hours can a 16-year-old work? These boundaries apply to non-agricultural occupations:
- Outside of classroom hours (unless you have taken part in specific work-study activities, graduated from high school, or had your attendance excused or waived by authorities)
- Eight hours on non-school days and no more than three hours on school days
- During school hours, a maximum of 18 hours per week; during non-school hours, no more than 40 hours
- No working during nights – that is, before 7 am or past 7 pm (9 pm during the summer, Jun 1–Labor Day).
Some states change the regulations for specific jobs or apply extra limitations of a similar kind. Approximately 50% of states also impose restrictions on agricultural labor. When summer rules begin and end or when schools are in session are defined significantly differently in some areas. Although more than one-third of states limit the total number of days in a week (typically to six), federal law does not. Special break rules for juveniles are in place in over fifty percent of the states, and they may be further lenient for those under the age of sixteen.
Jobs available for a 15-year-old
Under federal legislation, 14- & 15-year-olds are permitted to work in some non-agricultural occupations. It is forbidden to work at any employment that does not appear on the list. The following are on the list:
- The majority of retail and office employment (such as grocery bagging, shelf stocking, and cashiering)
- Jobs in the majority of food service businesses, such as
a) Cleaning surfaces and appliances used in cooking (with limits)
b) Minimal kitchen job that involves making food and drinks
c) Limited cooking responsibilities (no exposed flames, for instance)
- Jobs involving creativity or intellect (e.g., teacher, artist, musician, performer)
- If appropriately certified, lifeguard and swim teacher positions at conventional swimming pools & water amusement centers are available (for fifteen-year-olds only).
Maximum hours that a 16-year-old can work
There’s no restriction on sixteen and seventeen-year-old employment hours as per federal law. More than fifty percent of the states, however, limit how many hours sixteen and seventeen-year-olds can work, whether in or out of agriculture. Additionally, nearly one-third of states have some sort of law against this age group working at night. All minors are exempt in around half of the states that do not have adult break time regulations. Others have more lenient regulations for children but stricter rules for adults during break time.
Work available for a 16-year-old
Sixteen and seventeen-year-olds, as per federal law, are permitted to work in any kind of job that is not deemed excessively hazardous. Among the jobs that are prohibited are:
- Making or storing explosives
- Operating a motor vehicle or serving as an outside assistant
- Mining for coal or other resources
- Sawmilling, logging, or timber tract activities
- Preventing or battling forest fires
- Providing forestry services
- Using several kinds of specialized heavy equipment
- Poultry slaughter or rendering
- Employment involving ionizing radiation exposure
- Manufacturing of tiles, bricks, and related products
- Work on a roof or close to one
- Excavating and trenching
This is further restricted in some states.
Enforcement of Child Labor Laws
In the US, depending on the particular infraction and the area, a mix of state and federal agencies enforce child labor laws.
1. Federal Law Enforcement
It is primarily enforced by the Wage & Hour Division (WHD) of the U.S. Department of Labor. When there are infractions, the WHD investigates, imposes sanctions, and requests injunctive remedy. Criminal charges can arise from incidents involving deliberate or severe child labor abuses that involve the Justice Department.
2. Enforcement by the State
State child labor regulations, which may be more stringent than federal prohibitions, are enforced by the labor departments of each state. These divisions look into infractions, issue citations, and administer sanctions. State police may occasionally help with the investigation of child labor violations, especially those involving exploitation or dangerous jobs.
To sum up, ‘How many hours can a 16-year-old work?’ Under federal law, there are no hour limits—but state laws may still apply.
3. Possible sanctions and fines for violations
The extent of the infraction, the maturity level of the youngster concerned, and whether the infraction was deliberate all affect the penalties for breaking child labor regulations. Penalties typically consist of civil money fines. For child labor breaches, employers may be subject to civil penalties of as much as $11,000 per worker. In addition to that, the FLSA may impose a fine of up to $50,000 for infractions that cause a minor’s death or cause significant injury.
Minor’s protection under OSHA
When there is no special law for kids, adult labor regulations also apply to children alongside the laws that explicitly handle child labor. For instance, all employees, regardless of age, are covered under the OSHA (Occupational Safety and Health Act). Many OSHA regulations, including the general responsibility clause, fire safety standards, trip and fall norms, and others, nevertheless apply even when minors are prohibited from performing some dangerous jobs.
Like all employees, minors require training on identifying workplace risks, as well as a fundamental introduction to OSHA and their rights and obligations. An excellent option to begin the training process is through online classes.