FLSA · 29 USC §§ 203, 212 · 29 CFR Part 570
Federal FLSA child-labor quick reference
The Fair Labor Standards Act is the federal floor for teen work in the United States. It sets the minimum working age, the daily and weekly hour caps for 14- and 15-year-olds, the list of hazardous occupations off-limits to anyone under 18, and the narrow exceptions for family businesses, newspapers, performers, and agriculture. State law can — and often does — go stricter. The stricter rule always wins. Below is every FLSA rule family at a glance, with the exact statute or CFR citation for each.
FLSA rule cards
Minimum working age
FLSA sets the federal floor at 14 for most non-agricultural jobs. Some narrow categories let a younger minor work (newspaper delivery, acting, family businesses, agriculture) — see the exceptions card below. State law sets the binding minimum age in many states, so always compare against the state page.
- Non-agricultural jobs, federal floor
- 14 years old
- Hazardous non-ag jobs (HO-1 to HO-17)
- 18 years old (17 for HO-2 driving carve-out)
- Agriculture, on parent-owned farm
- No federal minimum
- Agriculture, off parent-owned farm, non-hazardous
- 12-13 with parental consent; 14+ unrestricted
- Agriculture, hazardous
- 16 years old
- Acting / performing (29 USC § 213(c)(3))
- No federal minimum (state rules govern — CA/NY/FL strictest)
Citation
29 USC § 212; 29 CFR § 570.2; 29 CFR § 570.71
Hour limits — 14 and 15 year olds (non-agricultural)
14- and 15-year-olds have hard federal caps on both the time of day they may work and the total hours per day and week. The caps differ between school weeks (when school is in session) and summer / school-break weeks. These limits are the federal floor — many states tighten them further.
- School day (Mon-Fri while school is in session)
- Max 3 hours/day
- Non-school day (Sat/Sun, holidays during school year)
- Max 8 hours/day
- School week (any week school is in session ≥ 1 day)
- Max 18 hours/week
- Non-school week (summer, school breaks)
- Max 40 hours/week
- Time window during school year (Labor Day → May 31)
- 7:00 AM – 7:00 PM
- Time window during summer (June 1 → Labor Day)
- 7:00 AM – 9:00 PM
Note: Hours apply across all employers combined — a 15-year-old working two part-time jobs is capped at 18 hours total across both during a school week.
Citation
29 CFR § 570.35
Hour limits — 16 and 17 year olds (non-agricultural)
FLSA imposes no federal cap on the number of hours or time of day 16- and 17-year-olds may work in non-hazardous jobs. The hazardous-occupations orders (HO-1 to HO-17) still apply through age 18. Many states impose stricter time-of-day or hour limits — check the state page.
- Hours per day
- No federal limit
- Hours per week
- No federal limit
- Time of day
- No federal limit
- Hazardous occupations (HO-1 to HO-17)
- Prohibited — 18-year-old minimum
Note: About 25 states impose stricter time-of-day windows on 16- and 17-year-olds during the school week — these state rules are binding because FLSA does not preempt stricter state law.
Citation
29 CFR § 570.2; 29 CFR Part 570 Subpart E
Hazardous occupations (HO-1 to HO-17)
FLSA designates 17 occupations as too hazardous for any worker under 18, regardless of state. The categories cover explosives, motor-vehicle driving (with a narrow 17-year-old carve-out), mining, logging, power-driven machinery, roofing, excavation, slaughterhouse work, and more. Narrow apprentice and student-learner exceptions exist for HO-2, HO-5, HO-7, HO-8, HO-10, HO-12, HO-14, HO-16, and HO-17.
- Minimum age, all 17 orders
- 18 (HO-2 driving: 17 with restrictions)
- Number of orders
- 17 (HO-1 through HO-17)
- Applies in agriculture?
- Separate agricultural HO list (Ag HO-1 through Ag HO-11) — 16-year-old minimum
- State additions
- States may add stricter restrictions; cannot loosen the federal floor
Citation
29 CFR Part 570 Subpart E (§§ 570.51 – 570.68)
Carve-outs and exceptions
A handful of work categories sit outside the standard FLSA child-labor framework — either because Congress wrote a specific exemption or because the work pre-dates the modern framework. Each exception has its own rules; the most common are below.
- Parent-owned business (non-hazardous, non-mining, non-manufacturing)
- No FLSA age or hours limits — child of any age may work for parent
- Newspaper delivery to consumers
- Exempt from FLSA child-labor provisions — no federal minimum age
- Acting / performing (radio, film, TV, theatrical)
- Exempt from FLSA — state rules govern (CA, NY, FL most detailed)
- Wreath-making at home (evergreen/holly)
- Exempt from FLSA — limited seasonal carve-out
- Agriculture (parent-owned)
- Exempt — no federal minimum age on parent's farm
- Casual babysitting and minor chores at private residences
- Not covered by FLSA's child-labor rules
Note: State labor laws often re-impose limits on categories FLSA exempts — for example, several states regulate entertainment work even though FLSA does not.
Citation
29 USC § 213(c); 29 CFR §§ 570.2, 570.123, 570.124
Work permits — federal does not require them
FLSA does not require minors to obtain a work permit (sometimes called an employment certificate or age certificate) to work. Many states do require one, and federal law accepts state-issued age certificates as proof a minor is old enough for the job they were hired to do.
- Federal requirement
- None — FLSA does not mandate work permits
- State requirement
- Roughly 30 states require some form of permit for minors under 18 (varies by state and age)
- Federal recognition
- State-issued age certificates satisfy FLSA proof-of-age requirements
- Who issues
- Typically the minor's school district or state labor department
Citation
29 CFR Part 570 Subpart B (§§ 570.5 – 570.7)
Federal vs state — which rule wins?
The stricter rule always wins. FLSA sets the federal floor; states may impose tighter restrictions (lower hour caps, earlier evening cutoffs, additional restricted occupations, mandatory permits) and the tighter rule is what an employer must follow. Federal law preempts looser state rules in only a few narrow categories.
- Default conflict rule
- Stricter law applies (29 USC § 218(a))
- Federal HOs
- Binding nationwide as floor; states may add more
- State stricter hour cap
- Binding (e.g., several states cap 16-17 yo at 8 hr/school night where federal has no cap)
- State higher minimum age
- Binding (a state may set 15 or 16 for jobs FLSA allows at 14)
- State extra restricted occupations
- Binding (states add to the federal HO list — see the state page)
Note: This is why the Teenwork per-state pages exist — federal sources alone don't tell an employer or parent the binding rule in their state.
Citation
29 USC § 218(a)
Enforcement and penalties
The Department of Labor's Wage and Hour Division (WHD) enforces FLSA child-labor rules. Civil money penalties run into thousands of dollars per minor per violation, with higher penalties for violations that cause injury or death. Repeated or willful violations can trigger criminal prosecution.
- Civil penalty per violation (standard)
- Up to $15,629 per minor (2025 inflation-adjusted)
- Civil penalty (serious injury or death)
- Up to $71,031 per minor
- Repeat or willful violations
- Penalty doubles; criminal prosecution possible
- How to report a violation
- DOL WHD: dol.gov/agencies/whd/contact/complaints (1-866-487-9243)
Note: Penalty amounts adjust annually for inflation under the Federal Civil Penalties Inflation Adjustment Act.
Citation
29 USC § 216; 29 CFR § 579.1
Related
- Federal hazardous orders HO-1 to HO-17 — full list with state cross-refs →
- Federal agricultural-work carve-out (minimum ages, Ag HOs, parent-farm exemption) →
- Compare all 50 states →
- FAQ — federal vs state, work permits, summer rules →
- Official source: US DOL YouthRules →
- Official source: 29 CFR Part 570 (Child Labor Regulations) →