Child Labor Law

Find out how state and federal child labor laws apply to your business

By Tai G., Writer
Child labor laws exist to protect children from exploitation. If an employer follows certain guidelines, a child under the age of 18 may work. There are both federal and state child labor laws that govern child labor, so an employer must abide by both requirements if he considers hiring an underage person.

State laws regarding child labor vary from state to state, and they may or may not be stricter than federal laws. In the event that federal and state child labor laws conflict, then you must adhere to the more protective law. Lawyers for child labor can offer your business information on existing child labor laws.

Before hiring a person under 18 years of age, consider the following:

1. Child labor lawyers can advise you on the correct procedure for hiring young employees.

2. In some states, employees under 18 need to obtain working papers before being hired.

3. Some states restrict youth workers from driving during specific times of the day.

 

Know the legal requirements of child labor law

Child labor laws set the minimum age for employment, hours of work restrictions, minimum wages and standards for child employment in hazardous occupations. These requirements may vary under federal law versus state law. Familiarizing yourself with the specifications associated with child employment law is fundamental if you plan to hire employees younger than 18 years of age.
Try: The U.S. Department of Labor breaks the requirement up into a comprehensive and easy to understand list of subtopics. For information on state law, check out this interactive map with links to all 50 states.

Find out about exemptions in your state of federal child labor laws

There are some exemptions to child labor law requirements. For instance, a child can usually work in a business owned by her parents, as long as that business isn't considered hazardous by the Department of labor. Also, minors may be exempted from some aspects of child labor law if they participate in a school-to-work program. Again, because state laws vary, you need to check into information about child labor laws in your state.
Try: This Child Labor Rules Adviser put out by the Department of Labor guides you through federal exemption guidelines.

Partner with a child labor law firm or human resources firm for guidance

Child labor law can be confusing, but child labor law firms can simplify the process. It might be wise to contact child labor lawyers who specialize in labor law or child labor law. If you'd rather not retain lawyers for child labor, you might consider going with an human resources firm that can give you clear information on hiring minors. The consequences of misinterpreting the law far outweigh the cost of paying to understand your rights.
Try: Lawyers Legal Law provides a service to match you with the right child labor law firms. Or, go to HR.BLR.com and sign up for their service, which offers businesses state-specific guidance on child labor policies.

 

  • Federal child labor laws require employers to post notices pertaining to specific labor law requirements in the workplace.