Child Labor Laws – What You Need to Know
Child labor violations have been on the rise. If you own a business, are an employer, work in human relations, oversee scheduling at your place of business, are a parent of a minor, or are a minor, the child labor laws may impact you. Regardless, having awareness of the child labor laws better protects the educational opportunities of youth and guards against their employment in jobs that are detrimental to their health and safety.
Most states have standards for youth employment. Did you know the state of Iowa required 10-15-year-olds to have a work permit? Those laws are no longer effective as of July 1, 2023. Iowa joins South Dakota and Minnesota in not requiring child labor permits. However, all three states have age and hour requirements for children.
Chapter 92 of the Iowa Code, Chapter 60-12 of the South Dakota Code, and Chapter 181A of the Minnesota Code specify the requirements for child labor in Iowa, South Dakota, and Minnesota respectively. Additionally, there are also federal child labor laws that are found in Chapter 8 of Title 29 in the United States Code. In the chart below, the federal and state’s general age and hour specifications are summarized.
| State/Jurisdiction | Maximum hours for minors under 16 | Nightwork prohibited for minors under 16 |
|---|---|---|
| Federal | • 8 hours per day, 40 hours per week when school is not in session • 3 hours per day, 18 hours per week when school is in session |
7 p.m. to 7 a.m. Labor Day through May 9 p.m. to 7 a.m. June 1 through Labor Day |
| Iowa | • 8 hours per day, 40 hours per week when school is not in session
• 6 hours per day, 28 hours per week when school is in session |
9 p.m. to 7 a.m. from Labor Day to May 11 p.m. to 7 a.m. from June 1 to Labor Day |
| Minnesota | • 8 hours per day, 40 hours per week | 9 p.m. to 7 a.m. High school students may not work from 11 p.m. to 5 a.m. on a school day |
| South Dakota | • 8 hours per day, 40 hours per week when school is not in session
• 4 hours per school day, 20 hours per school week |
After 10 p.m. on a school night |
When there are differences between federal and state standards, the rules that provide the most protection for young workers will apply. It is important to note that there are many exceptions to the age and hour requirements summarized in the chart. For instance, exceptions may be granted for work-based learning and apprenticeship programs as well as agricultural jobs. Further, under South Dakota law, a work permit may be issued if a minor needs to support their family.
One way employers in Minnesota can protect themselves is through age and employment certificates. By employers keeping certificates on file to show the minor is the minimum age for the job, these certificates offer protection from unintentional violation of child labor laws.
Labor laws are complex and ever-changing. Woods Fuller has a team of experienced attorneys in labor and employment law who would be happy to provide the guidance and support you seek.
