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The federal government does not require work permits or
proof-of-age certificates for a minor to be employed. Many states, however, do
require them for workers of certain ages. In addition to state labor
departments, school guidance counselors might know if permits or proof-of-age
certificates are required in that particular state. The Department of Labor
will issue age certificates if the minor employee's state does not issue them,
or if the minor is requested by his or her employer to provide one. However,
the vast majority of age certificates are issued by states.
The purpose of these certificates is to protect the employer from
prosecution for employing an under-aged worker. The possession of an age
certificate constitutes a good faith effort to comply with minimum age
requirements.
Some states require work permits or age
certificates for young workers. In fact, most of the age certificates issued to
young workers are issued by states. The fines for violation of this requirement
can result in a monetary penalty for the employer. Consult your state
department of labor for specific information on this issue.
DOL Web Pages on This
Topic
Must A Youth Have A Permit
To Work? Additional information on child labor laws.
Employment Standards Administration's
(ESA) Frequently Asked Questions A section of these FAQs cover child
labor and work permits.
Regulations on Age
Certificates This regulation explains the mechanism for obtaining an
age certificate from the U.S. Department of Labor.
General
Information About the FLSA An overview of many aspects of the FLSA,
ranging from child labor to enforcement.
elaws Fair Labor
Standards Act (FLSA) Advisor Child Labor Rules This Advisor
answers questions about workers and businesses that are subject to the FLSA's
child labor rules.
Employment/Age Certificate
Issuance Practice Under State Child Labor Laws and Programs A table
indicating which states require and issue age certificates and work permits.
State Labor
Offices/State Laws Information on state minimum wage rates and other
state child labor topics.
State Departments of Labor
Web Sites Links to state departments of labor Web sites and contact
information for each department.
Laws & Regulations on This
Topic
Regulations
29 CFR §570.5
Authorized Certificates and Their Effect
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