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How Late Can a Minor Work? Federal Rules for Teen Employees

Federal limits on hours for 14- and 15-year-olds, what changes at 16 and 18, the jobs teens can't do, and why your state's rules may be stricter.

Teenagers are a big part of many hourly teams, especially in restaurants, retail and seasonal work. The rules on their hours are stricter than most managers remember, and child labor violations can bring penalties per violation.

Here are the federal rules. Your state may be stricter, and when federal and state rules differ, the stricter one applies.

Federal hour limits by age

Under 14

With some exceptions, such as a business entirely owned by the child's parents, children under 14 generally can't work in non-farm jobs.

14 and 15

This is where the strict hour limits apply. Under the Fair Labor Standards Act, 14- and 15-year-olds can work:

WhenLimit
Time of dayOutside school hours only
School day (including Fridays)Up to 3 hours
Non-school dayUp to 8 hours
Week when school's in sessionUp to 18 hours
Week when school's outUp to 40 hours
Hours of the day, most of the yearBetween 7 a.m. and 7 p.m.
Hours of the day, June 1 to Labor DayBetween 7 a.m. and 9 p.m.

So, on a school night, a 15-year-old can't work a closing shift that ends at 9 p.m. In July, they can.

16 and 17

Federal law doesn't limit their hours. They can work as much as they like, in any job except the ones the Labor Department has declared hazardous. Many states do limit them, though, especially on school nights. Some examples are in the next section.

18 and over

The federal youth rules don't apply.

State rules are often stricter

This is what catches people out. A few examples, as we've modeled them in our labor-law presets:

Many states also require work permits or age certificates, and many add break rules for teens. Check your state's labor department for the current rules, since states have been changing these laws in both directions lately.

Jobs teens can't do

Federal rules also limit what minors can do, whatever the hours.

Under 18: Hazardous jobs are off limits. Those include driving as part of the job in most cases, power-driven meat slicers and many kinds of power-driven bakery machines, mining, roofing and more.

14 and 15: The list is shorter than you'd expect. They can do office work, cashiering, shelf stocking and some kitchen work. There are limits on cooking, and they can't bake, work in freezers or meat coolers in the usual way, or use most power-driven equipment.

For a restaurant or a grocery store, this comes up all the time. Keep a teen off the slicer, and make sure your managers know why. A 17-year-old running the compactor or the slicer because it's busy is exactly how businesses get cited. Read Fact Sheet #43 for the details.

How to stay out of trouble

Get a birthdate for every employee when you hire them. Check an ID or age certificate. You can't apply rules you don't know apply. Many employers get an age certificate for protection, even where it's not required.

Mark who's a minor on the schedule. Managers shouldn't need to remember. Have the warning come up when they try to schedule it.

Watch for swaps. Your teen's schedule was fine until she picked up a friend's closing shift. Check swaps too.

Watch the summer changeover. The evening limit moves on June 1 and again after Labor Day. Don't copy last week's schedule across that line without checking.

Know your local school calendar. "School in session" is based on your local public school schedule, in general, not on whether your employee attends.

Tell the team. A shift lead who asks a 15-year-old to stay until close "just this once" can create a violation that you're responsible for.

Clock out means out. Make sure the time clock reflects when they really stopped working. Sweeping up after clocking out is still work.

What about tips, pay and overtime?

Minors must generally be paid at least the minimum wage, with a narrow federal exception for a subminimum youth wage during a new hire's first 90 consecutive calendar days. Overtime rules apply to them the same way. Some states have their own rules on youth wages.

How PinkLinq helps

Add a birthday to a person's profile, and our labor-law checks can flag a minor's shift that runs too long, too early or too late, based on your state preset. Flags appear on the schedule while you're still building it. They won't catch every state's detail, such as the school calendar, so treat them as a reminder and keep the actual rule handy.

Source

This is general information, not legal advice. State rules change often, so confirm yours with your state labor agency.

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