Child Labor Laws
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
At what age can a child start working?
A person must be at least fourteen years old, although some states do not allow children to start working until they are sixteen. In addition, many states restrict the kinds of jobs that children can hold in order to protect the well-being of minors and to prevent overwork and exposure to dangerous or unhealthful conditions. For instance, a fourteen-year-old cannot be employed in a job that involves manufacturing or mining (the minimum age for those jobs is sixteen), and the job cannot have an adverse effect on the child's health or education. That means that unless the worker is a child actor, he or she cannot usually take a job that conflicts with going to school.
Must a child have work papers?
It depends on the state. Many states require an employer hiring a minor under age sixteen or eighteen to have a "permit to employ" on file for the duration of the minor's employment. The permits are usually available from the state department of employment or labor.
Are the work hours restricted?
Yes, under federal law, minors under the age of sixteen are not allowed to work during school hours or later than 7 p.m. on a school night, except during the summer (from June 1 to Labor Day), when they may work until 9 p.m. In addition, some states restrict the hours even further. You can find out the rules in your state by calling your state department of employment or labor.
Aren't all workers entitled to minimum wage?
In general, yes. However, under federal law, full-time students with part-time jobs in retail, agriculture, and service industries may be paid less than minimum wage if the employer has obtained authorization from the wage and hour division of the Department of Labor. Taxes and social security will be withheld from a minor's wages as they are from any other employee's check, although a minor is likely to qualify for a refund at the end of the year.Also, the law in most states allows a parent to take the money earned by his or her children.
Are the rules different if the employer is the child's parent?
Yes. Child labor laws do not apply to children under sixteen if they are employed by their parents in occupations other than manufacturing, mining, or other fields that have been declared hazardous by the Secretary of Labor.
