When and what hours can young employees work?

Q. When and what hours can young employees work?

A. Under the Fair Labor Standards Act (FLSA), the minimum age for employment in non-agricultural employment is 14.

The FLSA does not limit the number of hours or times of day for employees 16 years old and older.

Hours worked by 14- and 15-year-olds are limited to:

Non-school hours;

3 hours on a school day;

18 hours in a school week;

8 hours on a non-school day;

40 hours in a non-school week; and

Hours between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m.

Youth 14 and 15 years old enrolled in an approved Work Experience and Career Exploration Program (WECEP) may be employed for up to 23 hours in school weeks and 3 hours on school days, including during school hours.

An example of a WECEP program description is as follows: A program for 14- and 15-year-old dropout-prone youth that combines paid work experience with career-oriented educational and motivational opportunities that encourage both completion of education and preparation for the world of work.

Hours standards that apply to minors employed in agriculture are described in the Fair Labor Standards Act Child Labor Bulletin for Agriculture.

However, many states have enacted child labor laws as well.

In situations where both the FLSA child labor provisions and state child labor laws apply, the more restrictive standard must be obeyed.

Source: OSHA, retrieved 5/21/09.

For more information on state labor laws, see the YouthRules! Home Page.

Related Links: U.S. Department of Labor: elaws®: FLSA-Child Labor Rules Advisor

Employment Standards Administration (ESA)/ Wage and Hour Division (WHD): Home Page

ESA/ WHD: YouthRules! Home Page