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The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces the federal child labor laws. Generally speaking, the Fair Labor Standards Act (FLSA) sets the minimum age for employment (14 years for non-agricultural jobs), restricts the hours youth under the age of 16 may work, and prohibits youth under the age of 18 from being employed in hazardous occupations. In addition, the FLSA establishes subminimum wage standards for certain employees who are less than 20 years of age, full-time students, student learners, apprentices, and workers with disabilities. Employers generally must have authorization from WHD in order to pay sub-minimum wage rates.
The FLSAs child labor provisions are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. The Department launched its YouthRules! initiative to promote positive and safe work experiences for young workers.
All states also have standards concerning youth employment. When federal and state standards are different, the rules that provide the most protection to young workers will apply.
Note that federal employment laws on safety and health, discrimination, benefits, etc. apply to youth, as well as to older workers.
See also:
Compliance Assistance By Topic - Wages and Hours for Youth and
Compliance Assistance By Audience - Youth in the Workplace.
COMPLIANCE ASSISTANCE MATERIALS
- Employment Law Guide - Child Labor (Nonagricultural Work) Provides a summary of the child labor provisions of the federal child labor laws for youth employed in nonagricultural occupations.
- YouthRules! - A gateway providing quick access to information about federal and state labor laws that apply to young workers. The site provides information designed to educate teens, parents, educators, and employers about the hours youth can work, the jobs youth can do, and how to prevent workplace injuries.
- Handy Reference Guide to the Fair Labor Standards Act (FLSA) - Answers many questions about the FLSA, including what the Act does and does not require.
- OSHA Teen Workers - The premier site for teen worker safety and health information provided by the Occupational Safety and Health Administration (OSHA).
- Employer's Pocket Guide on Youth Employment (PDF) [Español PDF]
- Agricultural Employer's Pocket Guide on Youth Employment (PDF) [Español (PDF)]
- Child Labor Requirements in Nonagricultural Occupations Under the FLSA
- Child Labor Requirements in Agricultural Occupations
- Wage and Hour Division's Child Labor Web Page Information concerning recent child labor regulatory changes.
- Posters, Stickers and Bookmarks - Optional posters employers may use to help educate their employees on the federal child labor laws, special stickers for employers to place on hazardous equipment to alert all workers that no one under 18 years of age may operate the equipment, and bookmarks that remind youth of the hours and jobs they may work.
- Youth Minimum Wage - Fair Labor Standards Act (FLSA)
- Child Labor Provisions of the FLSA for Nonagricultural Occupations
- T.I.P.S. for Achieving and Maintaining Compliance with Youth Employment Laws
- Child Labor Fact Sheets
- Federal Child Labor Laws in Farm Jobs [Español]
- Child Labor Provisions of the FLSA for Nonagricultural Occupations [Español]
- elaws Fair Labor Standards Act (FLSA) Child Labor Rules Advisor - Provides information on the requirements of the FLSA including the jobs and hours permitted when employing youths under the age of 18.
- Fair Labor Standards Act (FLSA) Minimum Wage Poster - Describes the requirement that every employer of employees subject to the FLSA's minimum wage and overtime provisions must post a notice explaining the Act. (Español) (Chinese)
The federal government does not require work permits or proof-of-age certificates for youth to be employed. The FLSA does require that covered employers maintain and preserve payroll and other records containing information and data with respect to each employee, including the employees date of birth if the employee is under 19 years old.
Some states do require youth to obtain a work permit or certificate of age before getting a job. The youths school counselor may be able to advise if a work permit is required for youth employment.
APPLICABLE LAWS AND REGULATIONS
- The Fair Labor Standards Act (FLSA) - Establishes minimum wages, overtime pay, record keeping and child labor standards for private sector and government workers.
- 29 CFR Part 570 - Regulations on child labor administered by the Wage and Hour Division.
- Occupational Safety and Health (OSH) Act - Requires that employers provide a safe and healthful work environment for all workers, including youth, and that they comply with occupational safety and health standards.
- 29 CFR Part 70 - Regulations implementing the OSH Act.
- State Labor Laws - Each state also has child labor laws. Employers must comply with both federal and state laws. When federal and state standards are different, the rules that provide the most protection to youth workers will apply.
- Employment and Training Administration (ETA) Youth Programs
- Apprenticeship Opportunities - Apprenticeship programs are designed to provide workers with the skills needed to compete in a global economy. Individuals seeking to participate in an apprenticeship training program must be at least 16 years old and at least 18 years old for programs involving hazardous work.
- Job Corps - An educational and vocational training program administered by the U.S. Department of Labor.
- One-Stop Career Centers
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Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Local Offices - Occupational Safety and Health Administration (OSHA)
200 Constitution Avenue, NW
Washington, DC 20210
Contact OSHA
Tel.: 1-800-321-OSHA (1-800-321-6742)
TTY: 1-877-889-5627
Local Offices - Employment and Training Administration (ETA)
200 Constitution Avenue, NW
Washington, DC 20210
E-mail: ETApagemaster@dol.gov
Tel: 1-877-US-2JOBS (1-877-872-5627)
TTY: 1-877-889-5627
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.