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Teen Worker Rights: Federal Child Labor Hours, Hazardous Jobs, and Pay

How many hours can a 14- or 15-year-old work, which jobs are off-limits under 18, and what teen workers are owed in pay under federal child labor law.

8 min read

Who These Rules Cover

The Fair Labor Standards Act (FLSA) sets federal child labor rules for workers under 18 whose employers are covered by the law. Outside agriculture, the general federal minimum age is 16. Workers who are 14 or 15 may hold only certain jobs, during limited hours. Workers who are 16 or 17 may work any number of hours under federal law, but they cannot work in jobs the Department of Labor has declared hazardous; the minimum age for those jobs is 18. Agriculture has separate, different rules, and a parent employing their own child is exempt from the minimum age rules except in manufacturing, mining, and hazardous jobs. Under 29 U.S.C. 218, federal law does not excuse an employer from following a stricter state or local child labor law, so many teens have additional state protections, such as work permits or hour limits for 16- and 17-year-olds.

Hour Limits for 14- and 15-Year-Olds

Under 29 CFR 570.35, a 14- or 15-year-old may work only outside school hours and no more than 3 hours on a school day, including Fridays; 18 hours in a week when school is in session; 8 hours on a day when school is not in session; and 40 hours in a week when school is not in session. Work must fall between 7 a.m. and 7 p.m., except that from June 1 through Labor Day the evening limit is 9 p.m. A week counts as a school week if the public school district where the teen lives is in session and students must attend for at least one day or part of a day. Limited exceptions exist, for example for a 14- or 15-year-old who has already graduated from high school, and some school-supervised work-experience programs have their own rules. A schedule that regularly runs past these limits is a sign to check whether the employer is following the law.

Jobs 14- and 15-Year-Olds Cannot Do

Federal rules allow 14- and 15-year-olds to do jobs such as office and clerical work, cashiering, bagging, stocking shelves, and some kitchen work, including limited cooking with electric or gas grills that do not involve an open flame. Under 29 CFR 570.33, they generally cannot do most manufacturing or processing work; operate or clean power-driven machinery such as food slicers, grinders, mixers, lawn mowers, or golf carts; bake; use ladders or scaffolds; work in freezers or meat coolers, except that they may occasionally enter a freezer for a moment to retrieve items; drive motor vehicles; or do door-to-door sales away from the employer's business. Work that is not specifically permitted is prohibited for this age group. Deep fryers are allowed only if they automatically lower and raise the baskets; other fryers, broilers, rotisseries, and cooking over an open flame are not allowed.

Hazardous Jobs Barred Until 18

The Department of Labor's hazardous occupations orders, in Subpart E of 29 CFR Part 570, bar workers under 18 from specific dangerous jobs. Examples include operating power-driven hoisting equipment such as forklifts; operating, cleaning, or adjusting power-driven meat-processing machines, including deli slicers in retail and restaurant settings; operating balers and compactors; most roofing, excavation, demolition, and logging work; and operating many power saws and woodworking machines. Driving on public roads as part of the job is generally barred for workers under 18, with a narrow exception that lets some 17-year-olds do limited, occasional daylight driving when strict conditions are met. Some orders have limited exemptions for apprentices and student-learners.

Pay: Teens Are Owed Minimum Wage and Overtime

Federal minimum wage and overtime rules generally apply to covered teen workers the same way they apply to adults, with a few limited exceptions, such as the youth wage below and special Department of Labor certificates for some full-time students and student-learners. Under 29 U.S.C. 206(g), an employer may pay a worker under 20 a youth wage of at least $4.25 an hour, but only during the first 90 consecutive calendar days after the worker is first hired. After 90 days, or once the worker turns 20, the regular minimum wage applies. An employer may not cut the hours, wages, or benefits of other employees in order to hire workers at the youth wage. State or local minimum wage laws may require higher pay and may not allow a youth wage at all. Unpaid time for training, opening, closing, or cleaning can be owed like any other work time.

Retaliation for Complaining Is Illegal

Under 29 U.S.C. 215(a)(3), an employer cannot fire or otherwise discriminate against an employee for filing a complaint or taking part in a proceeding under the FLSA, and that protection covers complaints about child labor hours, prohibited tasks, and pay. A teen who is cut from the schedule, fired, or threatened after raising concerns about working late on school nights, being told to use a slicer or forklift, or missing pay may have a retaliation claim. Under 29 U.S.C. 216(b), a worker can seek reinstatement, lost wages, and an equal amount in liquidated damages for FLSA retaliation. Child labor violations themselves are enforced mainly by the Department of Labor, which can seek civil money penalties from the employer, with higher penalties when a violation causes the death or serious injury of a worker under 18. Teens with safety concerns or injuries may also have rights under workplace safety and workers' compensation laws, which have their own short deadlines.

Deadlines to Act

A lawsuit for unpaid minimum wage, overtime, or FLSA retaliation generally must be filed within 2 years under 29 U.S.C. 255, or within 3 years for a willful violation. Each missed paycheck can have its own deadline, so older pay may be lost if you wait. State wage and child labor laws, workers' compensation claims, and workplace safety complaints have separate, and sometimes much shorter, deadlines. A parent or guardian can help a minor gather records and seek advice.

Records to Save

Save schedules, screenshots of shift apps, pay stubs, direct deposit records, time records you are allowed to keep, and any messages asking you to stay late, come in during school hours, or use equipment such as slicers, fryers, forklifts, or compactors. Write down dates, times, what task you were asked to do, who asked, and who was present. Keep a copy of any work permit or age certificate the employer asked for. Do not take confidential employer records you are not authorized to keep; describe them so a lawyer can request them.

When to Get a Free Consult

Get a free consult if you or your child was scheduled beyond the federal hour limits, assigned hazardous work, paid less than minimum wage after the first 90 days, not paid for all hours, or cut from the schedule or fired after raising a concern. Deadlines may be short, so act promptly. This article is general information, not legal advice. Outcomes depend on the facts, the employer, the worker's age, state law, and applicable deadlines, and no lawyer can guarantee a result.

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