Federal child labor law, under FLSA § 12, restricts the hours minors can work and prohibits certain hazardous occupations. State law often adds further restrictions (work permits, school certificates, additional hour limits, additional prohibited occupations).
Most summer job violations are by smaller employers who don't realize the rules apply. But meaningful violations have come from major employers too — recent DOL enforcement actions against fast-food chains and meat-processing plants demonstrate that the rules are not just for small businesses.
Federal baseline (FLSA § 12)
Ages 14-15:
- May work in non-hazardous, non-manufacturing, non-mining occupations
- May NOT work:
- During school hours
- Before 7 AM or after 7 PM (after 9 PM from June 1 through Labor Day)
- More than 3 hours on a school day
- More than 18 hours in a school week
- More than 8 hours on a non-school day
- More than 40 hours in a non-school week
Ages 16-17:
- May work unlimited hours in non-hazardous occupations
- May NOT work in occupations declared hazardous by the Secretary of Labor (mining, manufacturing of certain products, operating most power machinery, roofing, excavation, slaughtering, etc.)
Under 14:
- Generally not permitted to work in non-agricultural employment
- Limited exceptions: newspaper delivery, performance/entertainment, parent's business (non-hazardous), babysitting
State variations
Many states have stricter rules. Common state-specific requirements:
- Work permits / employment certificates: Required in many states for minors under 18 (or under 16). Issued by schools or labor departments after verification of age and parental consent.
- Stricter hour limits: Many states cap school-day hours at 3 hours (matching federal for 14-15-year-olds) but extend to 16-17-year-olds.
- Stricter occupational prohibitions: Some states prohibit additional industries (operating gas station pumps, driving forklifts, etc.).
- Meal and break requirements: Some states require additional meal/rest breaks for minors.
- Posting requirements: Many states require employers to post schedules of minors' hours.
Step-by-step: how to evaluate a summer job
1. Confirm the age requirement and work permit (if applicable)
If you are under 18, check whether your state requires a work permit or employment certificate. The school is typically the issuing authority during the school year; the state labor department during summer.
2. Confirm the hour limits
If you are 14-15, the hour limits apply year-round. If you are 16-17, federal law allows unlimited hours but state law may impose additional limits.
3. Confirm the job duties are permissible
Hazardous occupations are listed in FLSA regulations (29 C.F.R. Part 570 Subpart E for 14-15-year-olds; Subpart E1 for 16-17-year-olds). Check the list against your actual job duties.
4. Verify the wage rate
Federal minimum wage applies unless the employer qualifies for the "youth minimum wage" of $4.25/hour for the first 90 days of employment for workers under 20. Many states require full minimum wage regardless of age.
5. Document everything
Hours worked, job duties, breaks taken, communications about scheduling. If a wage or hour issue arises, the documentation is critical.
Scripts to use
To request a work permit:
"As I'm under 18 and starting this job, I want to confirm that the work permit / employment certificate process has been completed. Could you provide a copy of the documentation, or guidance on how to obtain it?"
To raise concerns about hour limits:
"I'm scheduled for [hours] this week, which appears to exceed the [federal/state] limit for my age. Could we discuss reducing the schedule to comply with the applicable hour restrictions?"
To raise concerns about job duties:
"I've been asked to operate [equipment] / perform [task]. My understanding is that this is restricted for workers under [age] under federal/state child labor law. Could we discuss reassignment to permissible duties?"
What to document
- Your age and any work permit or employment certificate
- The hours scheduled and actually worked each week
- The specific tasks and equipment you operated
- Any wage statements or pay stubs received
- Any communications about scheduling, duties, or supervision
- Any incidents (injuries, near-misses, supervisor instructions outside permissible scope)
When to escalate
If your employer is violating child labor rules:
- File a complaint with the U.S. Department of Labor, Wage and Hour Division. Complaints are accepted anonymously, and DOL investigations are typically thorough.
- File with your state labor agency for state-specific violations.
- For injuries on the job, workers' compensation should cover medical treatment regardless of age. If denied, consult a workers' compensation attorney.
- Anti-retaliation protections apply to minors who file complaints — though family pressure and economic dependency often make these claims practically difficult.
Parents and guardians should also be aware: the work permit process and parental consent requirements typically include the parent or guardian, and you have a role in monitoring compliance. Schools are often willing to support minors who are being pressured to work outside permissible limits.
Educational content only — not legal advice. Employment law varies by jurisdiction and situation. Consult a qualified employment attorney for advice specific to your circumstances.