The Difference between State and Federal Child Labor Laws

In today’s economy, the youth make up a considerable amount of the workforce. It’s not uncommon for teenagers in high school and even in junior high to hold part time jobs to learn responsibility and start bringing home a paycheck. Commonly, this segment of the workforce is employed in jobs that pay minimum wage. The federal government regulates minimum wage with the current federal minimum wage is $7.25 an hour. State individual wages vary (from $5.15 for Georgia and Wyoming to $8.50 for Oregon) and are posted on state labor law posters. States without minimum wages use the federal minimum wage. If children work in an occupation such as the food and beverage industry, different minimum wage requirements apply, as tips are considered a majority of the hourly salary.

While some states require work permits for children ages 14-15, and certificates for youth ages 16-17, the federal government does not. Some states also have restrictions on the types of jobs and occupational duties of youth. These can involve everything from working with hazardous materials to operating heavy machinery to working in a laundry. In the agricultural industry, it’s almost as if they have their own set of labor law and child labor law standards, in which case the appropriate state and federal labor law posters must be displayed at each facility. States such as Ohio allow children 14 and older to de-tassel corn and work part time in agriculture, whereas the federal government prohibits work of 14 and 15 year olds during school hours. Children as young as 12 and 13 are allowed to work on their parent’s farms for minimum wage and with approval.

For some youth, their employment provides an opportunity for school training as well. The state may allow students to work under an instructor, or as an apprentice, while the federal government says that training is allowed without employment and that ages 16 and over may work during school hours for this credit.

Employers are urged to check their states labor laws and post the appropriate labor law posters. In cases where there are federal and state child labor laws, the stricter law prevails, in an effort to provide a safe and healthy work environment. The fines for non-compliance with child labor laws can be hefty and can range from hundreds to thousands of dollars. Businesses unsure of current child labor laws should consult the Department of Labor for their state.