Employers have the primary responsibility for protecting the safety and health of their workers. Young workers are responsible for following the safe work practices of their employers.

Follow the Law including:

Adolescent workers are protected by two laws enforced by the Department of Labor (DOL):

• The Fair Labor Standards Act (FLSA), and the Occupational Safety and Health Act (OSH) Act. Each state also has child labor laws.

  • Employers must comply with both federal and state laws. When federal and state standards are different, the rules that provide the most protection to youth workers will apply.

• The FLSA and state laws provide child labor provisions that were designed to protect minors in non-agricultural and agricultural employment by restricting the types of jobs and the number of hours they may work.

• The OSH Act ensures that employers provide a safe and healthful work environment and comply with occupational safety and health standards found in 29 CFR, Part 1910. This includes:
  • Employers must provide appropriate personal protective equipment (such as gloves, aprons, and foot protection) to help protect young workers from identified hazards [1910.132(a)].
  • Employers must make any young workers exposed to hazardous materials aware of the hazards and train them to protect themselves from these hazards [1910.1200 Hazard Communication Standard].
  • Employers must display a poster prepared by the DOL or your state labor department informing young workers of the protections of the Occupational Safety and Health Act P.L. 91-596, December 29, 1970 and its amendments.

  For more information, see Resources - State law, or Fair Labor Standards Act.

Employers have the primary responsibility for protecting the safety and health of their workers. Young workers are responsible for following the safe work practices of their employers.

Follow the Fair Labor Standards Act including:

Federal child labor rules are established by the Fair Labor Standards Act (FLSA). The FLSA child labor provisions are designed to protect the educational opportunities of youth and prohibit their employment in jobs and under conditions detrimental to their health or safety. Once a young worker reaches age 18, federal child labor rules no longer apply.

What hours can youth work and at what kinds of jobs?

• Non-agricultural youth workers: hours permitted and jobs permitted, some exemptions exist.

• Youth 18 years or older may perform any job, whether hazardous or not.

  

• Youth 16- or 17-years-old may perform any non-hazardous job for unlimited hours. Hazardous jobs are included below.

• Work hours and jobs are limited for 14 and 15-year-olds.

• The Wage and Hour Division is making available a downloadable bookmark in both English and Spanish versions to remind youth of the hours and jobs they may work.

• Employer's Pocket Guide for Youth Employment. The Department of Labor(DOL) Employer's Brochure provides more information on hours permitted and jobs permitted for employers of youth workers.

Hazardous Jobs (non-agricultural occupations):

The Secretary of Labor has determined that certain jobs are too hazardous for young workers under the age of 18 to perform. Young workers younger than 18 may not work in or with the following Hazardous Occupations (HO). They are listed by Hazardous Occupation Number:

• HO 1 Manufacturing and storing of explosives - 29 CFR 570.51
• HO 2 Driving a motor vehicle and being an outside helper on a motor vehicle - 29 CFR 570.52
• HO 3 Coal Mining - 29 CFR 570.53
• HO 4 Logging and sawmilling - 29 CFR 570.54
• HO 5 Power-driven woodworking machines^* - 29 CFR 570.55
• HO 6 Exposure to radioactive substances - 29 CFR 570.57
• HO 7 Power-driven hoisting apparatus - 29 CFR 570.58
• HO 8 Power-driven metal-forming, punching, and shearing machines^* - 29 CFR 570.59
• HO 9 Mining, other than coal mining - 29 CFR 570.60
• HO 10 Operation of power-driven meat-processing machines^* 29 CFR 570.61
• HO 11 Power-driven bakery machines- 29 CFR 570.62
• HO 12 Power-driven paper-product machines including scrap paper balers and cardboard box compactors^* - 29 CFR 570.63 - Child Labor Law Change^**
• HO 13 Manufacturing brick, tile, and related products - 29 CFR 570.64
• HO 14 Power-driven circular saws, band saws, and guillotine shears^* - 29 CFR 570.65
• HO 15 Wrecking, demolition, and shipbreaking operations - 29 CFR 570.66
• HO 16 Roofing operations^* - 29 CFR 570.67
• HO 17 Trenching and excavation^* - 29 CFR 570.68

^*Limited apprentice/student-learner exemptions apply to these occupations.

   

• More information about Hazardous Occupation orders can be
  • Child Labor Requirements in Nonagricultural Occupations Under the Fair Labor Standards Act. Child Labor Bulletin 101, WH-1330, (July 2010).

  • Child Labor Regulations. (May 20, 2010).

• Remember child labor laws prohibit young workers under the age of 18 from operating hazardous equipment such as:
  • Power-driven meat slicers and meat grinders. This prohibition remains in effect regardless of the materials being processed. For example, slicing vegetables or cheese, with power-driven meat slicers is not allowed.
  • Forklifts.
  • Paper balers and cardboard compactors.
  • Power-driven bakery equipment, such as horizontal or vertical dough mixers, batter mixers, and dough sheeters.
  • Power-driven woodworking equipment, including chain saws and circular saws.
  • Freight elevators.

  • Other machines specifically prohibited by the youth employment hazardous occupations orders.

• Child labor laws and the driving of motor vehicles:
  • Sixteen-year-olds may not perform any on-the-job driving on public roads.
  • Seventeen-year-olds may perform limited on-the-job driving, but only after certain requirements have been met. In no event, may such youth be employed as delivery drivers, even on a sporadic basis. This prohibition in no way restricts youths from driving their personal vehicles during non-work hours. For more information see:

    • Important Changes in the Child Labor Laws Affecting the Driving of Automobiles and Trucks Under Hazardous Occupations Fact Sheet #34

• ^**Child labor law and balers and compactors:
  • Child labor law changes in 1996 allow 16- and 17-year-olds to load certain balers and compactors but not operate or unload. For more information see:

    • Important Change in the Child Labor Laws Affecting Hazardous Occupations Order No. 12

• The DOL encourages employers to label equipment young workers are not allowed to operate. The YouthRules! website has available downloadable stickers for employers to place on hazardous equipment to alert all workers that no one under age 18 may operate the equipment.
• The jobs a 14- or 15-year-old may do in the retail and service industries include:
  • Seating and greeting guests.
  • Taking food orders and "bussing" tables.
  • Cooking at soda fountains, lunch counters, snack bars, or cafeteria serving counters which are in plain view of the customer.
  • Assembling and bagging orders at quick-service establishments.
  • Kitchen work and other work involved in preparing and serving food and drinks, including the operation of machines and devices used in the performance of such work such as dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, and coffee grinders, but not cooking or baking.
  • Cleaning fruits and vegetables.
  • Wrapping, weighing, pricing, stocking any goods as long as the young worker does not work where meat is being prepared and does not work in freezers or meat coolers.
  • Pricing and tagging goods, assembling orders, packing, or shelving.
  • Clean-up work and grounds maintenance. The young worker may use vacuums and floor waxers, but cannot use power-driven mowers, cutter, and trimmers.
  • Errand and delivery work by foot, bicycle, and public transportation.

  • Office and clerical work.

• A 14- or 15-year-old may not work in the manufacturing or mining industries, or in any hazardous job and may not perform jobs in the food service industry such as:
  • Baking.
  • Cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters).
  • Working in freezers or meat coolers.
  • Operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers, grinders, choppers or cutters, and bakery mixers.
  • May not operate Neico broilers, pressurized fryers, rotisseries, lawn mowers and "weed whackers."
  • Loading or unloading goods on or off trucks, railcars or conveyors.
  • Outside window washing that involves working form window sills and all work that requires the use of ladders or their substitutes.
  • Work in connection with maintenance or repair of the establishment, machines, or equipment.

Wage and Hour Division - Additional Fact Sheets and Guides

• Fact Sheet #2 - Restaurants and Fast Food Establishments Under the Fair Labor Standards Act.

• Fact Sheet #2a - Employing Youth in Restaurants under the Fair Labor Standards Act (FLSA).

• Fact Sheet #41 - Fast Food Service Restaurant, and Supermarket Industries Child labor Compliance Survey.

• Fact Sheet #43 - Child Labor Provisions of the Fair Labor Standards Act (FLSA) For Nonagricultural Occupations.

• Fact Sheet #32 - Youth Minimum Wage - Fair Labor Standards Act.

• Prohibited Occupations for Non-Agricultural Employees (from E-laws)

• YouthRules! Employer Pocket Guide

For more information, see Resources - Child Labor Laws.