Frequently asked questions
Teen labor law — questions parents and employers actually ask
How federal and state rules interact, what a work permit is and how to get one, why hour caps change when school is out, and the narrow exceptions for agriculture, family business, and entertainment work.
Federal vs. state rules
Both the federal Fair Labor Standards Act (FLSA) and each state's labor code apply to teen workers. When they disagree, the stricter rule wins.
- Does federal law (FLSA) or my state's law decide how many hours my teen can work?
- Whichever is stricter. The federal Fair Labor Standards Act sets a floor for child labor (minimum ages, hour caps for 14- and 15-year-olds, hazardous occupation list). States are free to add their own rules on top. If a state caps 15-year-olds at 8 hours per week during the school year but federal law would allow 18, the 8-hour state cap applies because it is more protective. The reverse is also true — when state law is silent on a particular dimension (e.g., daily caps for 16- and 17-year-olds, which the FLSA does not address), the federal rule applies by default.
- How do I verify that my state's rule actually beats the federal rule?
- Look at three things side by side: the federal FLSA child-labor provisions (29 USC §§ 212, 213; 29 CFR Part 570), the state labor code citation on the Teenwork state page for your state, and the US Department of Labor Wage & Hour Division state summary. The state page lists the exact state-code section number — open it on the official state legislature site to confirm the rule has not been amended since publication. If the state rule is silent on a dimension you care about (e.g., latest end time on a school night), the federal default applies. We link to both the state statute and the US DOL state page on every Teenwork state page.
- What happens if my state changes its teen labor law?
- State legislatures occasionally amend child-labor statutes — most recently a wave of state-level changes between 2023 and 2025 to relax hour caps or extend permitted occupations. Each Teenwork state page is sourced from the current state code and US DOL Wage & Hour Division summary, with the state code section number cited so you can verify it is still in force on your state legislature's official site. We update the data layer when changes are signed into law; rely on the state-code citation as the source of truth.
Work permits and age certificates
About half the states require a permit (sometimes called an employment certificate or age certificate) before a minor starts a job. The other half rely on a copy of the minor's birth certificate or proof of age.
- What is a teen work permit?
- A work permit (also called an employment certificate or age certificate) is a document issued by the state — usually through the minor's school district or the state department of labor — authorizing a specific minor to work for a specific employer. It typically requires the employer to describe the job and hours, a school official to confirm the minor's grades and attendance meet local standards, and a parent or guardian to sign. The permit is filed with the employer and renewed every school year or when the minor changes jobs. States that do not require a permit usually still require employers to keep proof of age (typically a copy of the birth certificate, passport, or driver's license).
- How does my teen get a work permit?
- The process varies by state, but the most common pattern is: (1) the teen accepts a job offer from an employer; (2) the employer fills out the employer portion of the permit form describing the job duties, hours, and supervisor; (3) the teen's school issues the permit after confirming grades and attendance; (4) the signed permit is filed with the employer and a copy is kept on site. A few states (e.g., New York, Pennsylvania) issue permits directly through the school. A few others issue them through the state department of labor. The Teenwork state page for your state links to the official permit form and explains which agency issues it.
- Does my teen still need a work permit for a summer-only job?
- In most states that require permits, yes — the permit requirement is tied to the minor's age, not the school calendar. Some states issue a separate vacation work permit valid only while school is out; others use the same year-round permit but lift the school-day hour caps when school is not in session. Open your state's Teenwork page for the exact procedure; the work-permit section identifies the issuing authority and form number.
Summer rules vs. school-year rules
Almost every state caps hours and time-of-day windows more tightly when school is in session than when school is out. Knowing which calendar you are in matters for compliance.
- What counts as "school in session"?
- Generally, any week that contains one or more days when the minor's school district is holding classes. Most states define this by the school district's published academic calendar, including teacher-workdays and parent-conference half-days that count as instructional. A spring break or winter break week is "school out of session." The summer break — from the last day of the spring semester through the day before the fall semester starts — is the longest school-out-of-session period and is when most teen seasonal hiring happens.
- How much more can my teen work during the summer?
- For 14- and 15-year-olds, the federal FLSA cap rises from 18 hours per week (school in session) to 40 hours per week (school out), and the daily cap from 3 to 8 hours. The federal time window also extends — from a 7 PM end time during the school year to 9 PM between June 1 and Labor Day. State caps follow the same pattern, with the exact numbers varying. For 16- and 17-year-olds, federal law sets no weekly cap in either context, but most states still limit late-night work on school nights; in summer those late-night limits often lift entirely.
- Are winter break and spring break treated as summer?
- Usually yes, with one nuance: a week that contains both school days and break days is typically treated as "school in session" for that week. A full week of winter or spring break with no scheduled school days is "school out of session" and the summer-style caps apply for that week. Your state's exact definition is in the state labor code; the citation is on the state's Teenwork page.
Age-band exceptions (agriculture, family business, entertainment)
The rules covered on Teenwork state pages are for general non-agricultural employment. Several long-standing exceptions allow younger minors to work in narrow categories.
- My state's minimum work age is 14, but my 12-year-old wants a farm job. Is that allowed?
- Often yes, under the agricultural exception. The federal FLSA permits 12- and 13-year-olds to work on a farm outside school hours with parental consent (and on the parent's own farm at any age in many cases). Hazardous farm tasks are restricted to age 16 and up. State agricultural rules typically follow this pattern but vary in detail — for example, California allows 12+ to harvest with parental consent in some contexts. The Teenwork state pages currently cover non-agricultural rules; for farm work, check the federal Wage & Hour Division agricultural-employment page along with your state's department of labor.
- Can my teen work in our family-owned business under the regular rules?
- The family-business exception exists in both federal and most state laws, but it is narrower than people often assume. Federally, a minor working for a parent or someone standing in place of a parent in a non-hazardous, non-mining, non-manufacturing business is exempt from FLSA child-labor restrictions. Most states have a parallel exemption, often limited to businesses solely owned by the parent. The exception does NOT extend to corporations partially owned by the parent, businesses with non-family co-owners, or hazardous occupations. If you are relying on this exception, document the parent's ownership and the minor's duties carefully, and confirm the rule on your state's department of labor page.
- What about acting, modeling, or working on a film set — are minor performers covered by the regular rules?
- Entertainment is a separate regulated category in most large media states (California, New York, Florida, Louisiana) with its own permit system, on-set hour limits, schooling requirements (a studio teacher / welfare worker), and trust-account rules (Coogan accounts in California, similar laws elsewhere). Minor-performer permits are issued by the state labor department, not the school, and start at age 15 days in some states. If your teen is auditioning for acting, music recording, or modeling work, the entertainment rules — not the general teen labor law on Teenwork state pages — are what apply. Federal FLSA also exempts "actors and performers in motion pictures, theatrical productions, radio, and television" from the standard child-labor rules.
- Can a younger child deliver newspapers?
- Yes — the federal FLSA specifically exempts newspaper delivery from child-labor restrictions, so a child under 14 can legally deliver newspapers to customers as long as state law also permits it (almost every state mirrors the federal exemption). This is one of the only categories where a 10-, 11-, or 12-year-old can be paid for regular work in most states.
Common parent and employer questions
- What happens if my teen's employer schedules them past the legal cap?
- The employer is liable, not the minor. Federal civil penalties run up to about $15,000 per violation (higher for repeat or willful violations involving serious injury). States also assess their own penalties. The first step is to raise it with the employer directly with a copy of your state's rule in hand. If that fails, file a complaint with your state's department of labor (the contact link is on every Teenwork state page) or the US DOL Wage & Hour Division at 1-866-487-9243. Complaints can be filed anonymously.
- Can working long hours affect my teen's school attendance or eligibility for a work permit?
- Yes, in two ways. First, every state with a school-in-session hour cap also requires that the minor maintain regular school attendance and (in many states) a minimum GPA — typically a C average. Schools can revoke a work permit if the student's grades fall below the threshold. Second, federal law and many states require that work hours not interfere with school: the latest end time on a school night (7 PM under federal FLSA, often the same or earlier under state law) exists to ensure the minor is not on the clock during school hours or so late that performance suffers the next day.
- What kinds of jobs are off-limits for teens, even if the hours are legal?
- The federal hazardous-orders list (HO-1 through HO-17) prohibits 14- to 17-year-olds from a specific set of dangerous occupations: operating most power-driven machinery (meat slicers, bakery equipment, woodworking saws), driving on the job (with limited 17-year-old exceptions), roofing, excavation, demolition, mining, logging, and work involving exposure to radioactive substances. States can — and many do — add their own restrictions on top, especially for 14- and 15-year-olds (e.g., cooking with deep fryers, working from ladders). Every Teenwork state page lists the top restricted occupations for that state with both the federal HO reference and the state statute reference.
- Beyond a work permit, what paperwork is required when a teen starts a job?
- The same federal employment paperwork as any new hire: Form I-9 (employment eligibility verification, signed by the employee with proof-of-identity and work-authorization documents) and Form W-4 (income-tax withholding). Most states also require a state W-4 equivalent. The work permit, where required, is in addition to these. Teens under 18 generally cannot sign their own employment agreement in some states without a parent co-signing — check your state's specific rule.
Get the rules for your state
The answers above explain how teen labor law works in general. For the exact hour caps, work-permit form, and restricted occupations where you live, jump to your state.