labor lawAdivision of labor law center

Summertime brings visions of swimming holes, lemonade, and for many of us, summer jobs. 

If you’re an employer, this is a great time to review the federal and Kentucky child labor laws. Nearly every state in the union sets some limits on the hours and days that people under 16 can work. Many also specify working conditions. 

State child labor laws vary greatly. In Alabama, a young person under the age of 16 cannot work more than 3 hours on a school day, or 18 hours per week while school is in session. They also cannot work past 7 pm on a school night. In both Texas and Arkansas, the youngster can work up to 8 hours per school day and up to 48 hours per week. In Idaho, a 15 year old can work up to 54 hours per week, in Wyoming, up to 56 hours. A number of states including Maine, Illinois, Hawaii, Florida, Alabama, Arkansas, California, Connecticut and Delaware mandate that youngsters under 16 must have one day per week off. Other states including Georgia, Idaho, Indiana, Iowa, Maryland, Minnesota, Montana, Nevada and Kansas allow young people to work 7 days per week, even during the school term.

The key federal law governing child labor is the FLSA, or Fair Labor Standards Act of 1938. The law prohibits people under 14 from most areas of employment. A few notable exceptions are delivering newspapers, babysitting and doing domestic chores for pay. There are also exceptions under the federal law for non-hazardous agricultural occupations, or employment by a parent. 

Generally, the FLSA prohibits young people who are 14 or 15 from holding any job not explicitly approved by the Secretary of Labor. The law’s language calls most employment of youngsters “oppressive child labor,” a term that is further defined in the statute. In modern terms, this means that only a few jobs are open to youngsters under the age of 16. Regardless of the job, the work must not interfere with the youngster’s schooling, health or well-being.

Once a young person is 16, the rules change. Youngsters who are 16 or 17 years old may be employed in any occupation not specifically prohibited by the Secretary of Labor. However, a wide range of occupations are prohibited. These include everything from operating heavy equipment and roofing, to fighting forest fires. For example, in a restaurant, youngsters may be hired to wash dishes, wait tables or bus tables, but cannot cook or operate a meat slicer. 

A recent change to the federal law will make door-to-door sales a prohibited occupation for people under 18. There’s no need to fear for your Girl Scout cookies, however. Young people are still allowed to engage in door-to-door sales for charity fundraisers.

Kentucky child labor laws protect children by outlining where, when and for how long they can work.

I have read that children under the age of 14 cannot be employed. The rules for children 14 – 17 are below. These rules are in effect for children attending school, including being home-schooled. Once a child turns 18, they are considered an adult, and not covered under these regulations.

If a child is 14- 15-years-old, they can work 3 hours per day on a school day, 8 hours a day on a vacation or holiday, and up to 18 hours a week total when school is in session. They may work up to 8 hours per day, 40 hours per week when school is not in session. They are restricted to working from 7am – 7pm, with the hours extended to 9pm in the summer.

16-17-year-old workers may work 6 hours a day on a school day, 8 hours a day on vacation or holiday, and up to 30 hours a week total when school is in session. They may work up to 8 hours a day, 30 hours total when school is not in session. They may work from 6am - 10:30pm during school, and until 1am during non-school periods.

My research shows that children 14-17 are prohibited from working with explosives, radioactive material or use power machinery or woodworking equipment. They may also not work in coal mining, logging, sawmilling, mining, slaughtering, excavation, wrecking, or manufacturing. Child laborers are also not allowed to drive r work with motor vehicles. They may also not work around alcohol, or in pool or billiard rooms.

Limited exemptions are provided for apprentices and student-learners under specified standards.

Minors under the age of 18 are required to take a 30-minute documented lunch break for each 5 hours of continuous work. No period of less than 30 minute will be considered sufficient.

I understand that employers are required to maintain proof of age on file for each minor under 18 years of age. A copy of a birth certificate, a driver’s license or school identification is acceptable.

Employers are required to maintain the names, ages, and addresses, the time of the beginning and ending of each work shift and each meal period. Employers are responsible for posting the Kentucky Child Labor poster including prohibited duties.

In the state of Kentucky, many of the Child Labor Law requirements are very similar to those of the federal government, In my research I have found that some additional restrictions are placed on minors under 18 in the state of Kentucky.

First, I think it is important to note that Kentucky is not a state that requires any sort of work permit for minors under the age of 18.  Employers must, however, maintain in their records proof of age for all minor employees.

Like many states, the regulations governing the work hours of 14 and 15 year old employees are very similar to those of federal law.  During times school is in session, minors of this age may not work during school hours.  They are allowed to work up to three hours per day on school days, but this work must be between the hours of 7am and 7pm. The total hours per week must be 18 or fewer.  During the summer months (defined as June 1^st through Labor Day), a 14 or 15 year old minor may work between 7am and 9pm.  However, a minor of this age may still work no more than 40 hours per week or 8 hours per day during the summer months. 

The Child Labor Law of Kentucky does place additional restrictions on the employment of 16 and 17 year olds above what is found in federal law.  A 16 or 17 year old must work no more than 6 hours per day on a school day, or 8 hours per day on a non-school day during the school year.  The total hours worked in a week during the school year for a 16 or 17 year old must not exceed 30, unless he or she has gained a special exemption from both a parent and his or her school.  If a minor has gained this exemption, he or she may work up to 40 hours per week during the school year.  There are no restrictions on the number of hours per day or per week a 16 or 17 year old may work during the summer.  Additionally, a minor of this age may not work later than 10:30pm on a school night, or 1:30am on a non-school night. 

In closing, I will note that Kentucky’s laws regarding the types of jobs that minors are able to hold are similar federal laws.  No minors under the age of 18 may work in dangerous occupations such as coal mining or logging.  Additionally, minors under the age of 16 are prohibited from jobs operating many types of machinery, or working in any manufacturing settings. 

The Kentucky Complete Labor Law poster reflects the most current child labor law information along with all the federal laws.