Child Labor Laws: Overview of Restrictions for Young Workers

Employers need to be aware of the child labor standards that apply to employees under the age of 18. There are penalties in the form of fines for failure to comply with child labor laws and misdemeanor charges for repeated violations.

All employers in the state are covered by state law, but those employers that do $500,000 or more a year in sales or gross revenue or that are a public agency (including state government and political subdivisions of a state) are also covered by federal law.

Employers that are governed by both state and federal law should apply the more restrictive law to the situation. For example, federal law concerning hours of work for 14 and 15 year olds is more restrictive than Minnesota law, so the federal law must be applied.

Minimum Age and Hours of Work

Minors Under 14

Minors under 14 years old may not be employed, except:

• As a newspaper carrier, if at least 11 years old
• In agriculture, if at least 12 years old with parent or guardian consent
• As an actor/actress or model
• As a youth athletic program referee, if at least 11 years old with parent or guardian consent

Minors Under 16

State law (all employers), minors under 16 may not work:

• Before 7 a.m. or after 9 p.m. with the exception of a newspaper carrier
• For more than 40 hours a week or more than eight hours per 24-hour period, except in agricultural operations
• During school hours on school days without an employment certificate issued by the appropriate school officials

Federal law (public agencies or employers with annual sales or gross revenue of $500,000 or more), minors ages 14 and 15 may not work:

• During school hours
• Before 7 a.m. or after 7 p.m. (extended to 9 p.m. June 1 through Labor Day)
• More than three hours a day on a school day
• More than eight hours a day on a nonschool day
• More than 18 hours a week during a school week
• More than 40 hours a week during nonschool weeks

16- and 17-years-olds

State law (all employers), 16- and 17-year-olds may not work later than 11 p.m. on evenings before school days or before 5 a.m. on school days (with written permission from a parent or guardian, these hours may be expanded to 11:30 p.m. and 4:30 a.m.). High school graduates who are 17 years old do not have work hour restrictions.

Federal law (public agencies or employers with annual sales or gross revenue of $500,000 or more) does not place any special restrictions, except for prohibited occupations, on 16- and 17-year-olds.

Prohibited Occupations

The Commissioner of the Minnesota Department of Labor and Industry has determined that some occupations may be hazardous or detrimental to the well-being of minors and has placed certain restrictions on the employment of minors in those occupations.

Minors Under 18

State law prohibits minors under 18 years old from the following work.

Liquor:

• To serve, dispense or handle intoxicating liquors that are consumed on the premises
• To work in rooms where liquor is served or consumed, with the following exceptions:
  • 16-year-olds may perform busing, dishwashing or hosting services in a restaurant
  • Minors who have reached the age of 16 may provide musical entertainment in a restaurant

Note: Public safety/liquor control laws prohibit the serving or selling of intoxicating liquor by minors under 18 years old in a retail intoxicating-liquor establishment.

Hazardous materials:

• Where chemicals or other substances are present at excessive temperatures or in injurious, explosive, toxic or flammable quantities
• Where explosives or fireworks are manufactured, stored, handled or fired

Hazardous operations:

• On construction or building projects of any size
• In or about logging or lumbering operations, paper mills, saw mills, lathe mills or shingle mills; mines, quarries and sand or gravel pits; construction or building projects; ice harvesting operations; in building maintenance, painting or repair higher than 12 feet above ground or floor level
• In oxy-acetylene or oxy-hydrogen welding

Transportation:

• On boats or vessels used for commercial purposes, except if performing guide or other nonoperational services
• As a driver for hire: driving buses, cabs or other passenger-carrying vehicles
• In certain railway occupations

Machinery:

• Operating or assisting in the operation of power-driven machinery, such as industrial trucks (forklifts); meat saws or grinders; milling machines; punch presses, press brakes and shears; woodworking machinery (circular or radial saws, jointers and shaping machines)
• Operating any nonautomatic elevator, lift or hoisting machine
• Operating, erecting or dismantling rides or machinery in an amusement park, street carnival or traveling show, or in the loading or unloading of passengers on rides

Other:

• In aerial or other acrobatic acts
• As a lifeguard, except for a minor with a Red Cross life-saving certificate (or equivalent) who works under uninterrupted adult supervision (federal law also requires lifeguards to be at least 16 years old to be employed at a natural environment facility, e.g., lake, river, etc., and 15 years old to be employed at a traditional swimming pool or water amusement park)
• In any occupation or activity, or on any site, that is hazardous or dangerous to life, limb or health

Exceptions to the above prohibited work:

• A 17-year-old high school graduate
• A minor employed by a business that is solely owned and daily supervised by one or both parents
• A minor may be employed at tasks away from or outside of the area of hazardous operation, equipment or materials

Federal law restricts the employment of minors under 18 years old in many of the positions listed above, and also the following additional positions:

• Roofing, including all jobs performed on the ground related to roofing operations
• Trenching and excavation

Minors Under 16

In addition to the prohibitions listed above, minors under the age of 16 may not be employed in the areas below.

Machinery:

To operate or assist in the operation of machinery, such as:

• Farm-type tractors and other self-propelled vehicles, except for equipment permitted by a certificate of training under either the 4-H Federal Extension Services or the U.S. Office of Education Vocational Agricultural Training Program
• Laundry, rug cleaning or dry cleaning equipment
• Power-driven snow blowers, lawn mowers and garden equipment
• Drill presses, milling machines, grinders, lathes and such portable power-driven machinery as drills, sanders and polishing and scrubbing equipment for floor maintenance
• Meat slicers, textile-making machines or bakery machinery
• Oiling, cleaning or maintaining any power-driven machinery
• In work using pits, racks or lifting apparatus at service stations or in mounting tires on rims
• In a car wash to attach or detach car from mechanized conveyor lines or to operate or contact the car while it is connected to the conveyor

Agriculture:

In any agricultural operation declared by the U.S. Secretary of Labor to be particularly hazardous for employment of children below 16 years old.

Transportation:

• In or about an airport landing strip and taxi or maintenance aprons
• As an outside helper on a motor vehicle

Operations:

• To do welding of any kind
• As a loader or launcher for skeet or trap shooting
• In any manufacturing or commercial warehouse
• In processing plants

Other:

• To lift or carry, or otherwise personally care for patients in hospitals or nursing homes
• In walk-in meat freezers or meat coolers, except for occasional entrance

Exceptions to the above regulations:

• A minor employed by a business that is solely owned and daily supervised by one or both parents
• A minor may be employed at tasks away from or outside of the area of hazardous operation, equipment or materials

Federal law also restricts the employment of minors ages 14 and 15 in the following work:

• Mining
• Transportation of persons or property by rail, highway, air, water, pipeline or other means
• Communications and public utilities
• All baking and most cooking
• Most construction, including demolition and repair
• Loading and unloading goods to and from trucks or conveyors
• Youth peddling, sign waiving or door-to-door sales

For employers thinking about hiring minors, the process should be approached like other positions. The personnel file kept on the minor must document that the hiring entity verified age before hiring. Proof of age must be maintained as part of the payroll records.

Acceptable proof of age is one of the following:

• Copy of a birth certificate
• Copy of a driver’s license or permit
• Age certificate issued by a school
• I-9

The file should contain a photocopy of the driver’s license or other picture identification card used to verify birth date.

For additional information about the labor laws, members should see the Minnesota Department of Labor and Industry website.

MCIT recommends members consult with their legal counsel to answer any questions about child labor standards prior to hiring any minors.