The Fair Labor Standards Act prohibits employers from employing oppressive child labor. 29 US Code 212(c) It allows employers to employ minors who are 14 and 15 years old for certain jobs or occupations that are deemed by the US Department of Labor not to be oppressive labor. 29 CFR 570.119 The number of hours 14 and 15-year-olds may work is limited and differs depending on whether school is in session or not. 29 US Code 203(l); 29 CFR 570.31 The specifics of the Fair Labor Standards Act’s regulation of the employment of 14 and 15-year-olds are discussed below.
Table Of ContentsThe following is a list of occupations that may not be performed by 14 and 15-year-olds:
Minors who are 14 and 15 years old and are employed in a permissible occupation may work the following hours.
Time considered to be outside school hours includes periods before and after school hours, holidays, summer vacations, weekends, and any other day or part of a day when school is not in session according to the local public school district. Summer school sessions are considered to be outside school hours. School hours include the hours the local public school district is in session during the regularly scheduled school year. Weeks school is considered to be in session include any week in which students are required to attend for at least one day or partial day. 29 CFR 570.35(b)
School is not considered to be in session at any time for 14 and 15-year-olds that meet one of the following criteria:
When employed to perform sport-attending services at professional sporting events, youth who are 14 and 15 years old are exempt from any hour requirements if the youth performs duties of the sports-attendant occupation that consist of:
Sport-attending Duties that are not permissible and are not subject to the hours exception include:
Minors who are 14 through 16 years old may be granted exceptions to child labor rules that would otherwise apply to them if they are enrolled in and employed pursuant to a school-supervised and school-administered work-experience and career exploration program. For more information about the rules and restriction on the employment of 14 and 15-year-olds, visit Work Experience and Career Exploration Programs – FLSA Child Labor Law Exceptions
Minors who are 14 and 15 years old may be granted exceptions to child labor rules that would otherwise apply to them if they participate in a work-study program. For more information about the rules and restriction on the employment of 14 and 15-year-olds, visit Work-Study Programs – FLSA Child Labor Law Exceptions
Employers who employ minors are not in violation of the Fair Labor Standards Act’s child labor laws if they keep on file unexpired certificates of age for each minor employed. 29 US Code 203(l)(2); 29 CFR 570.5(a); 29 CFR 570.38; 29 CFR 570.121 For more information, visit our page on Age Certificates.