Hiring minors: work permits, hours and the jobs teens cannot do

Before hiring someone under 18 in the US, an employer needs to know three things: whether the person meets the minimum age for the job, which hours they may work, and whether the state requires a work permit. Federal law sets 14 as the general minimum for non-farm work, limits hours for 14- and 15-year-olds, and bars everyone under 18 from 17 categories of hazardous work. It does not require work permits. Many states do, and several dropped or loosened theirs between 2023 and 2026, so the answer depends on where the job is.

This page is written for recruiters and hiring managers filling seasonal, retail, food service and entry-level roles: what to check at the screen, the federal rules, the state permit picture as of October 2026, and a checklist from posting to first shift.

The federal rules in one table

The 17 Hazardous Occupations Orders cover, among others, motor-vehicle driving, power-driven hoists and forklifts, meat-processing machines including slicers, paper balers and compactors, circular saws, roofing and excavation. In a grocery store or restaurant, the baler, the compactor and the meat slicer are the usual problems; a 17-year-old stock clerk may not load or run any of them.

Federal law also allows a youth minimum wage of $4.25 an hour for employees under 20 during their first 90 consecutive calendar days, under 29 U.S.C. § 206(g), and bars displacing other employees to use it. Many states set a higher minimum that applies regardless of age.

Work permits: federal law does not require them, many states do

The Department of Labor says the federal rules do "not require minors to obtain 'working papers' or 'work permits,' though many States do." Separately, 29 CFR 570.5 lets employers protect themselves against an unwitting violation of the minimum age rules by keeping an age certificate on file, and says they should get one if there is any reason to believe a minor may be under the applicable minimum age. Most states issue certificates that count for this purpose.

State examples, as of October 2026

The Department of Labor keeps a state table of employment and age certificates, but it is dated January 1, 2024 and is out of date for several states, including Iowa, Wisconsin, West Virginia and Michigan. Use it as a starting point and confirm with the state agency.

Where states are stricter on hours

The FLSA says its child labor provisions do not excuse noncompliance with a state law setting a higher standard (29 U.S.C. § 218(a)). Three examples for 16- and 17-year-olds while school is in session:

• New York: 4 hours a day Monday to Thursday, 8 hours on Fridays, weekends and holidays, 28 hours a week, between 6 a.m. and 10 p.m. (later with parent and school consent), per the state's hours chart. New York's 9 p.m. summer evening limit for 14- and 15-year-olds runs from June 21, not June 1.
• Pennsylvania: 8 hours a day and 28 hours a week, between 6 a.m. and midnight; 10 hours a day and 48 a week when school is out.
• California: 4 hours on a school day and 48 hours a week, between 5 a.m. and 10 p.m., according to the state's child labor pamphlet.

The trend runs both ways. Florida's 2024 law (HB 49) loosened its rules for 16- and 17-year-olds, who may now work up to 30 hours a week while school is in session, with a parent or superintendent able to waive that limit, under Fla. Stat. § 450.081. Iowa's 2023 law also lengthened the hours under-16s may work under state law. Where a state allows more than federal law, an employer covered by the FLSA still has to meet the federal limits.

What changed federally in 2025 and 2026

• Penalties were not adjusted for 2026. The Department of Labor's penalty table shows the 2025 amounts still in place: up to $16,035 per violation, $72,876 for a violation causing death or serious injury, and $145,752 where that violation is repeated or willful. A May 2026 notice explained that the 2026 inflation adjustment was not made because the October 2025 consumer price index was not published.
• A proposed hours rule is on the agenda, not published. The federal regulatory agenda lists "Hours of Work Standards for Young Workers Under the Fair Labor Standards Act" (RIN 1235-AA53), a proposal on hours for 14- and 15-year-olds with a target date of September 2026. We found no published proposal as of early October 2026, so the current limits still apply.
• No change to the hazardous occupations. We found no 2025 or 2026 proposal to change the Hazardous Occupations Orders.

At the screen and in the interview

Age is the one protected characteristic you may need to confirm, because the minimum age decides whether the person can do the job at all. Handle it narrowly:

• Ask the threshold, not the birthday. "This role requires applicants to be at least 16. Do you meet that?" or "Some tasks in this job require being 18. Are you 18 or over?" Ask everyone the same way.
• Leave date of birth until after the offer unless a law requires it earlier. The federal age discrimination law protects people 40 and over, and a date of birth on file before an offer can be used as evidence against you; see illegal interview questions.
• Describe the schedule honestly. If the role needs weekday afternoons from 3 p.m., say so, and do not schedule a 15-year-old past 7 p.m. during the school year to fit a rota.
• Describe the tasks. If the job involves the baler, a delivery van or a slicer, an under-18 cannot do that part of it. Decide before interviewing whether the role can be split.
• Interview at sensible times. Schedule interviews for school-age candidates outside school hours; the interview schedule template has a slot plan you can adapt.

A checklist from posting to first shift

1. Decide the minimum age for the role from the tasks, including any hazardous equipment, and state it in the posting.
2. Confirm at the screen that the candidate meets it, using the same question for everyone.
3. After the offer, collect proof of age and, where the state requires it, start the work permit process; in California the employer's statement of intent comes first.
4. Keep the permit or age certificate on file before the first shift, along with the Form I-9 described in I-9 timing in hiring.
5. Build the schedule within both federal and state hour limits, and check it again when school terms start and end.
6. Brief the supervisor in writing on equipment and tasks the minor may not do, and add it to the onboarding checklist.
7. Review the state rules each year; several states have changed their permit or hour rules since 2023.