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Youth Employment Provisions for Nonagricultural Occupations Under the Fair Labor Standards Act

U. S. Department of Labor
Employment Standards Administration
Wage and Hour Division

Child Labor Bulletin 101
WH-1330
Revised February 2005

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Federal Youth Employment Provisions

The Federal youth employment provisions, also known as the child labor laws, are authorized by the Fair Labor Standards Act (FLSA) of 1938. These provisions were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities. By knowing, understanding and complying with these provisions, employers, parents, and teachers can help working teens enjoy those safe, positive, early work experiences that can be so important to their development.

Child Labor Bulletin No. 101

This booklet is a guide to the provisions of the FLSA (also known as the “Wage-Hour Law”) which applies to minors employed in nonagricultural occupations. In addition to youth employment provisions, the FLSA contains provisions on minimum wage, overtime, and recordkeeping.

See Child Labor Bulletin No. 102 for information regarding the employment of minors in agriculture.

Other Laws That Impact Youth Employment

Other Federal and State laws may have higher standards. When these apply, the more stringent standard must be observed. All States have youth employment provisions, compulsory school attendance laws, and establish the minimum ages and conditions under which youths may operate motor vehicles.

Unless otherwise exempt, a covered minor employee is entitled to receive the same minimum wage, overtime, safety and health, and non-discrimination protections as adult workers.

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Coverage of the Youth Employment Provisions

Who is Covered?

Enterprise Coverage:

All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA. A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and:

whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); or
is engaged in the operation of a hospital, an institution primarily engaged in the care of those who are physically or mentally ill or disabled or aged, and who reside on the premises, a school for children who are mentally or physically disabled or gifted, a preschool, an elementary or secondary school, or an institution of higher education (whether operated for profit or not for profit); or
is an activity of a public agency.

Construction and laundry/dry cleaning enterprises, which were previously covered regardless of their annual dollar volume of business, are now subject to the $500,000 test.

Any enterprise that was covered by the FLSA on March 31, 1990, and that ceased to be covered because of the increase in the enterprise coverage dollar volume test must continue to pay its employees not less than $3.35 an hour, and continues to be subject to the overtime pay, youth employment, and recordkeeping provisions of the FLSA.

Individual Coverage:

Employees of firms which are not covered enterprises under the FLSA may still be subject to its minimum wage, overtime, and youth employment provisions if they are individually engaged in interstate commerce or in the production of goods for interstate commerce. Such employees include those who: work in communications or transportation; regularly use the mail, telephone, computer e-mail system and/or facsimile machine to communicate with persons in another State; make deposits in banks; use an electronic device which authorizes a credit card purchase; keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or the production of goods for interstate commerce.

Young entrepreneurs who use the family lawnmower to cut their neighbor’s grass or perform babysitting on a casual basis are not covered under the FLSA.

The Federal Youth Employment Provisions Do Not:

require minors to obtain “working papers” or “work permits,” though many States do;
limit the number of hours or times of day that workers 16 years of age and older may legally work, though many States do;
apply to any employee whose services during the workweek are performed in a workplace within a foreign country or within a territory named in section 13(f) of the FLSA.

Check with the applicable State Department of Labor for guidance concerning State laws.

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Exemptions from the Youth Employment Provisions of the FLSA

The federal youth employment provisions do not apply to:

Children under 16 years of age employed by their parents in occupations other than manufacturing or mining, or occupations declared hazardous by the Secretary of Labor.
Children employed as actors or performers in motion pictures, theatrical, radio or television productions.
Children engaged in the delivery of newspapers to the consumer.
Homeworkers engaged in the making of wreaths composed principally of natural holly, pine, cedar, or other evergreens (including the harvesting of the evergreens).

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Minimum Age Standards for Nonagricultural Employment

14 Minimum age for employment in specified occupations outside of school hours for limited periods of time each day and each week.

16 BASIC MINIMUM AGE FOR EMPLOYMENT. At 16 years of age, youth may be employed for unlimited hours in any occupation other than one declared to be hazardous by the Secretary of Labor.

18 Minimum age for employment in nonagricultural occupations declared hazardous by the Secretary of Labor.

Wage Payments to Young Workers

Unless otherwise exempt or employed under conditions discussed below, covered minor employees must be paid at least the statutory minimum wage for all hours worked.

Employees under 20 years of age may be paid $4.25 per hour during their first consecutive 90 calendar days of employment with an employer.

Certain full-time students, student learners, apprentices and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

Employers of “tipped employees” must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligations. If an employee’s tips combined with the employer’s cash wage of at least $2.13 do not equal the minimum hourly wage, the employer must make up the difference.

Employment Standards for 14- and 15-Year-Olds in Nonagricultural Employment

These requirements are published in Subpart C of Part 570 of Title 29 of the Code of Federal Regulations, Child Labor Regulation No. 3.

Employment of youths of this age group is limited to certain occupations and under conditions that do not interfere with their schooling, health or well-being.

Hours-Time Standards for 14- and 15-Year-Olds
Fourteen- and 15-Year-Olds May Not Be Employed:

DURING SCHOOL HOURS, except as provided in Work Experience and Career Exploration Programs.[1]
BEFORE 7 a.m. or AFTER 7 p.m. except from June 1 through Labor Day when the evening hour is extended to 9 p.m. (time is based on local standards; i.e., whether the locality has adopted daylight savings time).
MORE THAN 3 HOURS A DAY ON A SCHOOL DAY, INCLUDING FRIDAYS.
MORE THAN 8 HOURS A DAY ON A NON-SCHOOL DAY.
MORE THAN 18 HOURS A WEEK DURING A SCHOOL WEEK.
MORE THAN 40 HOURS A WEEK DURING NON-SCHOOL WEEKS.

Limited exemption for professional sports attendants:

Section 570.35(b) of Regulations 29 CFR Part 570 grants a partial waiver from the hours standards limitations for 14- and 15-year-olds who are employed as professional sports attendants and performing the traditional duties of that position. These minors are still precluded from working during school hours.

Occupation Standards for 14- and 15-Year-Olds
Fourteen- and 15-Year-Olds May Not Be Employed in:

Any MANUFACTURING occupation.[2]
Any MINING occupation.
Most PROCESSING occupations such as filleting of fish, dressing poultry, cracking nuts, laundering as performed by commercial laundries, bulk or mass mailings (except certain occupations expressly permitted in retail, food service and gasoline service establishments as discussed below).
Occupations requiring the performance of any duties in WORKROOMS or WORKPLACES WHERE GOODS ARE MANUFACTURED, MINED OR OTHERWISE PROCESSED (except to the extent expressly permitted in retail, food service, or gasoline service establishments as discussed below; and as discussed in footnote 2 below).
PUBLIC MESSENGER SERVICE.
OPERATION OR TENDING OF HOISTING APPARATUS or of ANY POWER-DRIVEN MACHINERY, including lawnmowers, trimmers, and “weedwhackers,” but not including office machinery and those machines in retail, food service and gasoline service establishments that are expressly permitted and discussed below.
THE OPERATION OF MOTOR VEHICLES OR SERVICE AS HELPERS ON SUCH VEHICLES.
ANY OCCUPATION FOUND AND DECLARED TO BE HAZARDOUS BY THE SECRETARY OF LABOR.
OCCUPATIONS IN CONNECTION WITH:
1. TRANSPORTATION of persons or property by rail, highway, air, on water, pipeline, or other means.
2. WAREHOUSING and STORAGE.
3. COMMUNICATIONS and PUBLIC UTILITIES.
4. CONSTRUCTION (including repair). Except office or sales work in connection with a., b., c., and d. above when not performed on transportation media or at the actual construction site.

Special provisions apply to 14- and 15-year-olds employed in Retail, Food Service, and Gasoline Service Establishments.

Fourteen- and 15-year-olds MAY be employed to perform the following in Retail, Food Service, and Gasoline Service Establishments: