Restrictions on Employees Under 18

April 13, 2006

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The federal wage and hour law's child labor restrictions are dependent upon the age of the minor employee.

Although federal law does not limit the hours that minors 16 and 17 years of age may work when the next day is a school day, some states do set such limitations. Generally, where such a rule exists, the rule is that minors who are 16 and 17 may work after 6 a.m. and before 10 p.m. or 11:30 p.m. on school nights.

Hazardous occupations prohibited for minors under 18. The FLSA specifically prohibits minors under the age of 18 from working in the following occupations (note that additional restrictions are placed on employees who are under 16):

occupations in or about plants manufacturing or storing explosives or articles containing explosive components
occupations of motor-vehicle drivers and helpers
coal-mine occupations
logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill
occupations involved in the operation of power-driven woodworking machines
occupations involving exposure to radioactive substances
occupations involving the operation of elevators and other power-driven hoisting apparatus
occupations involving the operation of power-driven metal forming, punching and shearing machines
occupations in connection with mining, other than coal
occupations in or about slaughtering and meat packing establishments or rendering plants
occupations involved in the operation of power-driven bakery machines
occupations involved in the operation of power-driven paper-products machines
occupations involved in the manufacture of brick, tile, and similar products
occupations involved in the operation and maintenance of circular and band saws and guillotine shears
occupations involved in the work of wrecking and demolition of buildings and in ship breaking
occupations involved in the application of weather proofing materials and substances to roofs of buildings and other structures
occupations involved in excavation work

Limited employment for minors under 18. In some hazardous occupations, minors under 18 can be employed as long as certain conditions are met. Minors under 18 may be used for in the following occupations:

the operation of motor vehicles, allowing 16 and 17 year olds to drive and ride on public and private roads and grounds so long as they remain in vehicle cabs, engage only in occasional driving of vehicles not exceeding 6,000 pounds of gross vehicle weight, or drive school buses
the operation of power-driven, woodworking machines
the operation of power-driven hoisting apparatus, allowing 16 or 17 year olds to operate and ride in enclosed automatic elevators
the operation of power-driven, metal forming, punching, and shearing machines
the operation of power-driven paper-products machines
the operation of circular saws, band saws, and guillotine shears
the application of roofing materials
excavation work
loading of paper balers and compactors while the machines are turned off

On December 16, 2004, the Department of Labor published final regulations establishing and expanding protections for minors under 18 working in certain occupations. The changes include the criteria permitting 16 and 17 year olds to load, but not operate or unload, certain waste material baling and compacting equipment, the limited on-the-job driving that may be performed by qualified 17 year olds, and the expansion of the current prohibition for under 18 minors working in roofing occupations to include all work on or about a roof, including work performed upon or in close proximity to a roof, unless the work is performed in an apprenticeship or student learner program.

In light of these new rules, the Department of Labor has revised its compliance assistance materials. The materials are available at the Youth Rules! website. You may also contact the Department of Labor's toll-free helpline at 1-866-4USWAGE to obtain this information.