Child Labor Laws
Federal child labor laws — part of the Fair Labor Standards Act (FLSA) — set minimum working ages, limit hours for young workers, and prohibit minors from working in jobs deemed too dangerous. The general minimum working age is 14 for most non-agricultural jobs; workers must be 16 to work in manufacturing or mining, and 18 to perform any of the 17 designated "hazardous occupations" (including roofing, demolition, operating certain power equipment, and working in excavation). Workers aged 14-15 face strict hour limits: no more than 3 hours on a school day, 18 hours in a school week, and no work before 7 a.m. or after 7 p.m. during the school year. Agriculture has a significant carve-out — children of any age can work on a family farm, and children as young as 12 can work on small farms with parental consent, even in conditions that would be prohibited in any other industry. Child labor enforcement has become a heightened political issue in 2024-2026, with DOL investigations finding a 68% increase in children illegally employed between 2018 and 2022 — including minors working in food processing, construction, and overnight factory shifts.
Current Law (2026)
| Parameter | Value |
|---|---|
| Primary statute | Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219 (see also Federal Minimum Wage) |
| Minimum working age | 14 for most non-agricultural jobs; 16 for manufacturing/mining; 18 for hazardous occupations |
| Hour restrictions (14-15) | 3 hours/school day, 8 hours/non-school day, 18 hours/school week, 40 hours/non-school week; no work before 7am or after 7pm (9pm June 1-Labor Day) |
| Hazardous orders | 17 Hazardous Occupation Orders (HO 1-17) for non-agricultural work; 11 for agriculture |
| Agriculture exception | Children of any age may work on family farms; 12+ with parental consent on small farms |
| Enforcement | Wage and Hour Division, Department of Labor |
| Civil penalty | Up to $16,035 per child worker per violation; up to $72,876 for violations causing death or serious injury (doubled to $145,752 for repeated/willful violations causing death or serious injury); 2026 figures held at 2025 levels under OMB M-26-11 |
Legal Authority
- 29 U.S.C. § 212 — Child labor provisions (prohibits shipping goods produced in establishments employing "oppressive child labor"; prohibits employers from employing oppressive child labor in commerce; employers must comply with age verification requirements)
- 29 U.S.C. § 203(l) — Definition of oppressive child labor (employment of a child below age 16 by an employer in commerce, except in certain permitted occupations; employment of a child 16-17 in occupations declared hazardous by the Secretary of Labor; exemptions for children employed by parents in non-mining/non-manufacturing, newspaper delivery, and child actors)
- 29 U.S.C. § 213(c) — Agricultural exemptions (children 16+ may work in any agricultural job during any hours; children 14-15 may work in non-hazardous agricultural jobs outside school hours; children 12-13 may work with parental consent on same farm or on small farms; children 10-11 may work hand-harvesting with waiver; children of any age may work on family-owned farms)
- 29 U.S.C. § 213(d) — Exemptions for certain employment (newspaper delivery, acting/performing, homeworkers making wreaths, in-home babysitting)
- 29 U.S.C. § 214 — Employment under special certificates (learners, apprentices, workers with disabilities — special minimum wage certificates; student-learner certificates for 14-15 year olds in school-supervised programs; full-time student certificates)
- 29 U.S.C. § 216 — Penalties (civil penalties per violation; criminal fines up to $10,000 and imprisonment for willful violations; enhanced penalties when violation causes death or serious injury of an employee under 18)
Implementing Regulations (29 CFR)
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29 CFR Part 570, Subpart B — Oppressive child labor — age restrictions for non-agricultural employment (§ 570.2: employment of minors between 14-16 in permitted occupations; § 570.33-570.37: permitted occupations for 14-15 year olds in retail, food service, gasoline stations, and offices)
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29 CFR Part 570, Subpart C — Employment of minors between 14 and 16 years of age — hour restrictions (§ 570.35: 3 hours/school day, 18 hours/school week, 8 hours/non-school day, 40 hours/non-school week, 7am-7pm except 9pm summer)
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29 CFR Part 570, Subpart E — Hazardous occupation orders (HO 1-17) — the 17 non-agricultural occupations declared too dangerous for workers under 18 (explosives, motor vehicles, mining, logging, power-driven machinery, radioactive substances, roofing, demolition, excavation)
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29 CFR Part 570, Subpart E-1 — Agricultural hazardous occupation orders — 11 occupations declared hazardous for children under 16 in agriculture (tractors, power-driven equipment, anhydrous ammonia, heights, timber, animal handling)
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29 CFR Part 570, Subpart G — General statements of interpretation — DOL guidance on age certificates, proof of age, and employer verification obligations
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29 CFR Part 575 — Apprenticeship and student-learner exemptions from hazardous occupation orders — conditions under which 16-17 year olds may work in otherwise-prohibited occupations as registered apprentices or student-learners
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29 CFR Part 579 — Child labor civil money penalty assessment. Key provisions:
- § 579.1 — Penalty amounts: $16,035 per child worker per violation for non-willful violations; $72,876 per violation when the violation causes or contributes to the death or serious injury of a minor (can be doubled to $145,752 for repeated or willful violations causing death or serious injury); "serious injury" includes permanent loss or impairment of any bodily sense, permanent loss of use of any part of the body, or permanent loss of mental faculty
- § 579.3 — What counts as a separate violation: each employment of a child in an occupation that violates the child labor provisions is a separate violation; each shipment of goods produced in violation of child labor provisions is a separate violation; failure to keep required records is a separate violation
- § 579.5 — Penalty assessment factors: business size (number of employees, annual dollar volume of sales, capital investment), history of prior violations, gravity of the specific violation, good faith efforts to comply, and the child's age relative to applicable minimums
The penalty structure is designed to scale with both the severity of the harm and the employer's culpability. An employer who knowingly operates a food-service chain using 13-year-olds during prohibited hours can face $16,035 per child per location per week — even absent any injury. When a minor is killed or permanently injured in a prohibited occupation (the pattern that drove the 2024 penalty increases for meatpacking, construction, and manufacturing violations), the per-violation cap can reach $145,752 for willful repeat conduct. DOL's Wage and Hour Division issues these penalties administratively; employers can request a hearing before an Administrative Law Judge.
How It Works
Federal child labor law creates an age-tiered system that balances the educational development of minors against legitimate work opportunities, with significant agricultural exceptions reflecting the law's 1938 origins. While child labor rules focus on age and hours, the EEOC separately enforces protections against employment discrimination affecting young workers.
Federal child labor law creates an age-tiered system for non-agricultural employment. Children under 14 generally cannot work in FLSA-covered employment, with narrow exceptions for newspaper delivery, acting, and some family-business work. Children 14–15 may work in a limited range of retail, food service, and office occupations with hour restrictions: no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, and 40 hours in a non-school week, only between 7 a.m. and 7 p.m. (9 p.m. June through Labor Day). Children 16–17 may work unlimited hours in any occupation the Secretary of Labor has not declared hazardous. The Secretary has issued 17 Hazardous Occupation Orders (HOs) banning workers under 18 from the most dangerous jobs — including explosives manufacturing (HO 1), motor vehicle driving (HO 2), coal mining (HO 3), logging/sawmilling (HO 4), power-driven woodworking machines (HO 5), roofing (HO 16), and trenching/excavation (HO 17), among others. Limited apprenticeship and student-learner exemptions exist for some HOs.
Agricultural child labor rules are substantially more permissive — a legacy of farm-economy political influence when the FLSA was enacted in 1938. Children 16+ may work in any agricultural job, including hazardous ones. Children 14–15 may work non-hazardous agricultural jobs outside school hours. Children 12–13 may work with parental consent on farms where their parent is employed, or on any small farm. Children of any age may work on a farm owned by their parents. DOL's Wage and Hour Division investigates violations through complaint-driven and targeted enforcement. Civil penalties have increased significantly — up to $16,035 per child worker per violation and up to $72,876 when a violation causes the death or serious injury of a minor (doubled to $145,752 for repeated or willful violations causing death or serious injury). Employers can also face "hot goods" enforcement — the FLSA prohibits interstate shipment of goods produced where child labor violations occurred.
How It Affects You
<!-- pria:personalize type="eligibility" field="age" -->If you're 14 or 15 and looking for your first job: Federal law permits you to work in retail stores, grocery stores, restaurants (not cooking with open flames or operating fryers), gas stations (not repairing cars), offices, and professional settings. What you cannot do: operate commercial power equipment (including most industrial kitchen machines), work in manufacturing, or work in any of the 17 hazardous occupations. Hour restrictions are strict during the school year — 3 hours on any school day, 18 hours total in a school week, and no shifts that start before 7 a.m. or end after 7 p.m. In summer (June 1 through Labor Day), you can work up to 8 hours/day, 40 hours/week, until 9 p.m. Your employer should have your state's work permit on file (most states require one signed by your parent and school). If you suspect your employer is scheduling you in violation of these rules, you can report anonymously to DOL's Wage and Hour Division at dol.gov/agencies/whd — and federal law prohibits retaliation against minors who file complaints.
If you're 16 or 17: Federal hour restrictions no longer apply — you can work as many hours as you and your employer agree to. But 17 Hazardous Occupation Orders (HOs) still prohibit you from certain work regardless of parental consent or employer willingness: roofing, trenching and excavation, demolition/wrecking, operating meat processing equipment, logging and sawmill work, mining, and handling explosives, among others. Working a roofing job at 17 violates federal law — it doesn't matter if your boss says it's fine. If you're in a registered apprenticeship program or a formal student-learner program, limited exemptions to some HOs apply (not roofing or excavation, but some power machinery HOs). State law may layer on additional restrictions — check your state's labor department website.
If you're a parent of a teenager working (or wanting to work): The two most common violations parents don't catch: (1) employers scheduling 14-15-year-olds for more than 3 hours on school days or keeping them past 7 p.m. during the school year — verify your teen's schedule against the federal limits, not just their employer's word; (2) teenagers working in positions that sound safe but involve prohibited equipment (commercial slicers, box crushers, forklifts). For agricultural work: if your family owns or operates a farm, your children can work on it at any age. But if your teen wants to work on another family's farm, they must be 12 or older with your consent (and only on small farms), or 14 for non-hazardous agricultural work. Agricultural work carries real risks — the agricultural hazardous occupation orders prohibit minors under 16 from operating tractors, handling anhydrous ammonia, working at dangerous heights, and handling large animals in certain settings. Many states do not apply the same agricultural exceptions as federal law — some states require parental consent or impose stricter minimum ages. If your teenager is working in violation of the law and is injured, the employer faces enhanced civil penalties of up to $72,876 per violation causing death or serious injury (doubled for repeated or willful conduct) — but that won't undo the harm. Know the rules before your child starts.
If you're an employer hiring workers under 18: Your primary compliance obligations in priority order: (1) Verify age — birth certificates, state-issued IDs, or school records; "they looked old enough" is not a defense to a DOL investigation. (2) Obtain state work permits — most states require an Employment Certificate or Work Permit for minors, obtainable through the school district; operating without one is an independent state violation on top of any federal violation. (3) Know which jobs are off-limits — the 17 federal Hazardous Occupation Orders apply regardless of the minor's stated experience, parental consent, or training. A 17-year-old cannot legally operate a band saw at your business; a 15-year-old cannot legally cook on an open flame grill. Review DOL's "Teen Workers" guidance at dol.gov/agencies/whd/child-labor/teens. (4) Post required notices — display the "Child Labor" portion of the FLSA poster at every worksite. (5) Document hours carefully — maintain records of times worked for all minors; you need to demonstrate compliance with hour restrictions. Civil penalties run up to $16,035 per child per violation; violations causing injury or death go up to $72,876 per violation (doubled to $145,752 for repeated or willful conduct). The "hot goods" provision adds significant supply chain risk: if you purchase goods from a supplier found to employ illegal child labor in their production, the FLSA can block shipment of those goods in interstate commerce and expose you to reputational and legal liability — due diligence your supply chain if you manufacture goods.
<!-- /pria:personalize --> <!-- pria:personalize type="impact" -->If you suspect child labor violations: The recent resurgence of child labor violations — particularly involving migrant children in meatpacking, food processing, and construction — has led to significantly enhanced DOL enforcement. Report suspected violations online at dol.gov/agencies/whd/contact/complaints or by calling 1-866-4-USA-DOL. Complaints can be filed anonymously. The DOL's Wage and Hour Division investigates complaint-driven and targeted cases; its child labor enforcement strike teams have been expanded since 2023 following high-profile investigations at poultry processing plants and manufacturing facilities. If you witness a minor working during school hours, operating dangerous equipment, or working past permitted hours, a report can trigger an investigation that protects that child and others at the same employer.
<!-- /pria:personalize -->State Variations
<!-- pria:personalize type="state-specific" -->Most states have their own child labor laws, and when state and federal law differ, the stricter standard applies:
- Many states require work permits (employment certificates) for minors, which federal law does not
- Some states set a higher minimum working age (e.g., New York requires 14+ for most non-farm work, with 12-13 only permitted in specific agricultural and informal work)
- State hour restrictions often differ from federal limits — some states impose tighter hour caps during the school year
- Several states have restricted additional occupations beyond the federal hazardous orders
- After high-profile investigations of child labor in meatpacking (2023), some states strengthened penalties while a few controversial state proposals sought to weaken protections
- California, New York, and Massachusetts have some of the strongest state child labor protections
- Agricultural child labor at the state level varies widely — some states apply the same rules to farm and non-farm work, while others maintain the federal agricultural exceptions
Pending Legislation
- S 920 (Sen. Hawley, R-MO) — Preventing Child Labor Exploitation in Federal Contracting Act: makes child-labor compliance core for federal contractors, adds certifications and bigger fines. Status: Introduced.
- HR 2910 (Rep. Harder, D-CA) — Youth Workforce Readiness Act of 2025: competitive grants for after-school youth workforce programs, $100M/year for 2026-2030. Status: Introduced.
Recent Developments
- DOL dramatically increased child labor enforcement in 2023-2025, with major investigations into meatpacking, food processing, and construction companies employing underage migrant workers
- Congress increased civil money penalties for child labor violations in 2024
- Several states strengthened child labor penalties in response to high-profile violations, while a few states considered (and drew controversy for) loosening age/hour restrictions
- The International Labour Organization and advocacy groups have highlighted the intersection of child labor violations with immigration enforcement and unaccompanied minor placement
- 2026 inflation adjustment cancelled (OMB M-26-11): The annual CMP inflation adjustment for 2026 was cancelled by OMB Memo M-26-11 (April 17, 2026) because October 2025 CPI-U data was unavailable due to the appropriations lapse. The 2025 penalty levels — $15,138 per violation and $68,801 for willful violations causing death or serious injury — remain operative through 2026.