Hiring Minors: An Employer’s Guide to Child Labor Laws

Hiring minors can help small businesses meet staffing needs, especially for part-time and seasonal roles in retail, food service, hospitality, and recreation. Many employers start with practical questions: how old do you have to be to work, what rules apply when employing younger workers, and how scheduling limits affect operations.

Federal child labor laws under the Fair Labor Standards Act (FLSA) establish the baseline for hiring minors, including FLSA age requirements and work restrictions as well as limits on work hours. State laws often add stricter requirements, such as tighter scheduling limits, additional job restrictions, or required work permits.

This guide walks through elements employers need to manage when hiring minors — how federal and state rules interact, how to schedule minors within legal limits, which jobs are allowed, what payroll rules apply, and how to avoid common mistakes that lead to penalties.

Understanding Federal Child Labor Laws (FLSA Overview)

The Fair Labor Standards Act (FLSA) sets the federal baseline for hiring minors. It applies to most employers and covers age requirements, permitted job duties, and work hours. If you're wondering how old someone must be to work for you, the FLSA is the place to start.

Under federal child labor laws, the general minimum age for employment in non-agricultural jobs is 14. The rules then shift by age group. As workers get older, federal law allows more flexibility in hours, but limits on hazardous work remain in place until age 18.

Federal Child Labor Law Age Breakdown

Use this quick reference to see what kinds of work are permitted at each age, along with the key restrictions to keep in mind before assigning duties.

Hazardous Occupations Remain Off-Limits

The FLSA prohibits anyone under 18 from working in designated hazardous occupations. These restrictions target jobs with higher injury risk, including:

• Operating heavy machinery or power-driven equipment
• Driving as part of the job
• Roofing, excavation, and demolition work
• Manufacturing or mining roles

These rules apply regardless of experience or supervision. A 17-year-old cannot perform a prohibited task, even briefly.

How State Child Labor Laws Add to Federal Rules

Federal law sets the baseline for hiring minors, but state law changes how those rules apply in practice — especially when scheduling shifts, assigning job duties, and handling permits. When federal and state rules differ, follow the stricter standard.

Employers often run into issues here. A schedule that complies with federal limits may still violate state rules on late shifts. A role that seems allowed under federal law may include tasks — or require documentation — that a state prohibits or mandates. Those gaps are where violations can happen.

Where State Laws Commonly Go Further

States frequently expand on federal rules in a few key areas:

• Tighter Hour Limits: Some states limit the number of hours minors can work, even when federal law allows more flexibility.
• Stricter Nightwork Rules: Federal law sets baseline evening limits for younger teens, but states may require earlier cutoffs or extend restrictions to older minors.
• Additional Job Restrictions: States may prohibit tasks that federal law allows, particularly in retail, food service, or recreational settings.
• Work Permit Requirements: Many states require a minor work permit or employment certificate before a minor's first shift, while federal law does not. Requirements vary by state and age.

These differences affect scheduling and job assignments quickly, especially when employing 15-year-olds or other younger workers.

How To Find Your State’s Rules

Employers should confirm state-specific requirements before hiring minors or finalizing schedules. Check your state labor department for current rules.

You can start with Paychex’s State Resources for Your Business. Use this state resource to connect directly to your state labor department and check the rules that apply to your workforce.

Work Permits and Employment Certificates

Work permit requirements often create compliance issues. Federal law does not require a permit to hire minors, but many states do. Skipping this step creates compliance issues before the first shift.

A minor work permit or employment certificate verifies that a minor meets age requirements and can legally work under state law. States — not the FLSA — impose this requirement, so employers often overlook it when they focus only on federal child labor laws and overlook state child labor laws.

Employers should know:

• Requirements Vary by State and Age: Some states require permits for workers under 16, others extend the requirement to 17-year-olds, and some states do not require permits at all. Always confirm the rule before hiring minors.
• Schools or State Agencies Issue Permits: In many cases, the minor obtains the permit through their school. In others, a state labor department or workforce agency handles the process.
• Employers Still Have Responsibility: Do not assume the minor handled everything correctly. Review the permit, confirm it is complete, and keep a copy before the first shift.

Scheduling Minor Employees: Hours and Curfews

Scheduling drives many child labor law violations. Most mistakes happen when shifts run a few minutes too long, overlap with school hours, or extend past permitted evening limits. If you’re asking how many hours can a minor work or how many hours a week are minors allowed to work, the answer depends on age, school status, and state law.

Hours and Nightwork Limits for 14- and 15-Year-Olds

Federal law places strict limits on work hours for minors ages 14 and 15. These limits change depending on whether school is in session.

Hour limits for 14- and 15-year-olds include:

• School Days: Up to 3 hours on a school day and 18 hours in a school week.
• Non-School Days: Up to 8 hours on a non-school day and 40 hours in a non-school week.
• School Hours: No work during school hours.

Federal law also restricts evening hours:

• Standard Limit: Between 7 a.m. and 7 p.m.
• Summer Exception: From June 1 through Labor Day, work may extend until 9 p.m.

Employers need to coordinate closely with school schedules, and those with minors from different districts should track calendars carefully to avoid violations. States may also impose stricter evening limits or extend nightwork restrictions to older minors, so always confirm state-specific rules before finalizing schedules.

Rules for 16- and 17-Year-Olds

Federal law removes hour limits at age 16, but that does not mean open scheduling.

• No Federal Limits on Hours: Employers may schedule longer shifts or more days.
• Hazardous Job Restrictions Still Apply: Workers under 18 cannot perform prohibited tasks.
• State Rules May Still Limit Hours or Late Shifts: Some states regulate nightwork or total weekly hours for older minors.

Even without federal hour caps, employers still need to monitor job duties and state rules. Employers managing 14–15-year-olds and older teens at the same time should avoid applying one standard across all minors.

What Jobs Can Minors Do — and What’s Off-Limits?

When hiring minors, job duties can create compliance risk quickly under child labor laws. Most employers understand hour limits. Fewer track task-level restrictions. Violations often occur when a teen helps with equipment, runs an errand in a vehicle, or steps into a restricted task “for a minute.”

Under federal child labor laws, the FLSA limits certain jobs for anyone under 18 and adds stricter limits for younger workers. These rules apply regardless of supervision or experience level.

These categories align with the U.S. Department of Labor’s Hazardous Occupation Orders. Employers should review those rules when assigning job duties, especially in roles that involve equipment or physical labor.

Additional Restrictions for 14- and 15-Year-Olds

Younger minors face tighter limits beyond the general under-18 restrictions:

• No work in manufacturing, mining, or processing
• No operation of most power-driven machinery
• No baking or cooking over open flames (with limited exceptions)
• No loading or unloading trucks or conveyors
• No work in construction, transportation, or warehousing

These restrictions directly affect common roles in food service and retail. For example, a 15-year-old may work a register but cannot operate certain kitchen equipment or assist with back-of-house tasks that involve restricted equipment.

Common Grey-Zone Mistakes

Most violations occur in situations that seem minor in the moment:

• Asking a 17-year-old to make a quick delivery in a company vehicle
• Letting a 16-year-old operate a baler or compactor during a busy shift
• Having a 15-year-old help with closing duties that involve restricted equipment
• Assigning tasks outside the original job description without reviewing restrictions

Paying Minor Employees: Wages and Payroll Obligations

Pay rules for minors largely mirror those for adult employees, with a few important exceptions. Employers handling hiring minors often focus on hours and job duties, but payroll mistakes can create just as much risk under child labor laws.

Minimum Wage Rules for Minor Employees

Most minors must receive at least the federal minimum wage. State law may require a higher rate, and when it does, employers must apply the higher standard.

A limited exception allows employers to pay a lower rate to younger workers:

• Youth Minimum Wage: Employers may pay employees under age 20 as little as $4.25 per hour during their first 90 consecutive calendar days of employment.
• Limits Apply: The lower rate only applies to new hires and cannot displace other employees.
• State Law May Override: Some states do not allow the youth minimum wage or set higher minimums.

This exception often creates confusion. Employers should confirm whether state law allows it before applying a reduced rate.

Payroll Tax Obligations for Minors

Minors are not exempt from standard payroll taxes. Employers must:

• Withhold federal income tax based on the employee’s Form W-4, Employee’s Withholding Certificate
• Withhold and match Social Security and Medicare taxes (FICA)
• Apply state and local tax withholding where required

These obligations apply even to part-time or seasonal teen workers.

Exception for Family Businesses

A narrow exception applies when a minor works for a parent’s sole proprietorship or a partnership where each partner is a parent of the minor.

In those cases:

• Social Security and Medicare taxes may not apply to wages paid to a child under age 18
• Federal unemployment tax (FUTA) may not apply to wages paid to a child under age 21

This exception does not apply to corporations or most other business structures.

Practical Payroll Considerations

Payroll errors occur when employers manage payroll manually or apply inconsistent rules across locations. Common issues include:

• Applying the youth minimum wage beyond the 90-day limit
• Using the federal rate when state law requires a higher minimum wage
• Missing required tax withholdings for part-time employees
• Failing to track different rules for minors across multiple states

A payroll system that tracks wage rates, applies tax rules, and helps you readily identify compliance issues can reduce these risks. Tools such as Paychex Flex® help employers manage payroll, maintain accurate records, and stay aligned with federal and state requirements when employing minors.

Recordkeeping Requirements for Employers Hiring Minors

Accurate recordkeeping is required when hiring minors. Incomplete or disorganized records can create issues during a Department of Labor audit, even when pay and scheduling practices meet requirements under child labor laws.

What Employers Must Keep on File

Employers should maintain accurate, up-to-date records for each minor employee:

• Full name and date of birth
• Daily and weekly hours worked
• Start and stop times for each shift
• Job duties and position details

These records demonstrate compliance with federal child labor laws, especially when questions arise about work hours for minors or job assignments.

Employment Certificates and Proof of Age

If state law requires it, employers must keep:

• A copy of the minor work permit or employment certificate
• Proof of age documentation, if applicable

Maintain these documents on file for the duration of employment and follow any state-specific requirements for returning or updating them.

Retention and Organization

Federal law requires employers to retain payroll and time records for at least three years. Some states require longer retention periods, so confirm state-specific rules.

To keep records organized and audit-ready:

• Store records in a consistent format across all locations.
• Keep minor employee records separate or clearly labeled.
• Track schedule changes and time adjustments in real time.
• Use digital systems to maintain accurate and accessible records.

Consistent recordkeeping reduces risk and supports compliance across scheduling, payroll, and job duty requirements.

Penalties for Child Labor Law Violations

When hiring minors, violating child labor laws can trigger significant financial penalties. Under the FLSA, employers can face civil penalties of up to $16,035 per violation for standard child labor violations. When a violation results in serious injury or death, the maximum penalty is $72,876 per violation, with higher penalties for repeat or willful conduct.

Higher Penalties for Willful or Repeat Violations

Penalties increase when employers ignore known requirements or repeat the same violations:

• Willful or Repeated Violations: Higher civil penalties per violation.
• Serious Injury or Death Cases: Substantially increased fines.
• Criminal Enforcement: Fines and possible imprisonment for willful violations.

Enforcement agencies increase penalties when employers disregard known requirements under federal child labor laws.

State Penalties May Add to Federal Fines

State enforcement does not replace federal enforcement. Employers can face additional penalties under state child labor laws, including:

• State-level fines assessed per violation
• License suspension or revocation in regulated industries
• Additional enforcement actions tied to wage and hour violations

These penalties often stack on top of federal fines, increasing total exposure.

Industries Under Increased Scrutiny

Enforcement has increased in industries that rely heavily on younger workers. Employers in the following sectors face higher scrutiny:

• Retail
• Food service and restaurants
• Hospitality
• Recreation and seasonal operations

Employers in these industries need to review scheduling, job duties, and recordkeeping practices regularly to reduce risk.

Common Mistakes To Avoid When Hiring Minors

Even compliant employers run into issues when hiring minors. Most violations do not come from intentional noncompliance. They happen in day-to-day decisions like scheduling, task assignments, and documentation.

Watch for these common mistakes:

• Relying Only on Federal Rules: State child labor laws often impose stricter limits.
• Letting Small Timing Issues Slide: A few extra minutes can push a shift past legal limits.
• Treating Job Duties Casually: Assigning a restricted task “just once” can trigger a violation.
• Overlooking Permit Requirements: Missing or incomplete permits create immediate compliance issues.
• Misapplying Pay Rules: Incorrect use of the youth minimum wage or tax handling creates payroll exposure.
• Assuming Exemptions Apply Broadly: The family business exception is narrower than many employers expect.
• Leaving Decisions to Untrained Managers: Frontline supervisors often make compliance decisions in real time.

These issues usually build from small, repeated decisions rather than a single mistake.

A Child Labor Law Compliance Checklist for Hiring Minors

Use this checklist as a quick reference to stay compliant under child labor laws:

• Confirm Eligibility: Verify age and confirm the minor can legally work in the role.
• Secure Required Documentation: Obtain any required permits or employment certificates before the first shift.
• Set Compliant Schedules: Apply federal and state hour limits based on age and school status.
• Assign Appropriate Job Duties: Confirm tasks fall within permitted roles for the minor’s age group.
• Track Time and Pay Accurately: Maintain complete records for hours worked, wages, and payroll taxes.
• Post Required Notices: Display federal and state labor law posters.
• Train Managers: Ensure supervisors understand scheduling limits, job restrictions, and documentation requirements.