Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
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As summer quickly approaches and businesses in Pennsylvania continue to seek applicants to fill vacancies in their workforce, employers are becoming more reliant on employees under the age of majority, or minors. Many employers, however, fail to appreciate significant compliance requirements imposed by Pennsylvania’s Child Labor Act as enforced by Pennsylvania’s Department of Labor and Industry (DL&I).
Specifically, the Child Labor Act, Act of 2012 P.L. 1209, No 151,1 prohibits minors’ employment2 in certain establishments and occupations, restricts minors’ hours of work (based on the minor’s age), and requires employment certificates.
Prohibition of Minors’ Employment in Certain Establishments or Occupations3
Pennsylvania’s Child Labor Act expressly prohibits all minors (14-, 15-, 16-, and 17-year-olds) from working in certain occupations or activities:
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In addition, all minors are prohibited from working in the following establishments:
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Minors under the age of 16 have additional restrictions with respect to occupations and establishments. Specifically, minors under 16 are expressly prohibited from working in the following occupations or performing the following activities:
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In addition, minors under the age of 16 are prohibited from working in the following establishments:
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Restriction on Minors’ Hours of Work
Minors are also restricted in the number of hours and days they are permitted to work, depending on the minor’s age, and depending on whether school is in session.
Ages 14 and 15
During the school term, minors aged 14 and 15 are permitted to work a maximum of three hours on school days, eight hours on any other day (i.e., the weekend or holidays), and no more than a total 18 hours per school week (Monday through Friday). Moreover, the Child Labor Law further provides that minors aged 14 or 15 can work only in a manner that does not interfere with school attendance. These minors are further limited in the work times during the school term. Specifically, they are not permitted to work after 7 p.m. or before 7 a.m.
During school vacations, minors aged 14 and 15 may work only a maximum of eight hours per day and up to 40 hours in any given week. These minors are further limited in the work times during school vacations. Specifically, they are not permitted to work after 9 p.m.
Ages 16 and 17
During the school term, minors aged 16 and 17 are permitted to work a maximum of eight hours a day and only 28 hours per school week (Monday through Friday). Minors aged 16 and 17 are permitted to work an additional eight hours per day on the weekends (in addition to the maximum of 28 hours during the school week). These minors are further limited in the work times during the school term. Specifically, they are not permitted to work after 12 a.m. or before 6 a.m.
During school vacations, minors aged 16 and 17 may work a maximum of 10 hours per day and up to a maximum of 48 hours in any given week. However, these minors may refuse any request to work over 44 hours in a given week. These minors are further limited in the work times during school vacations. Specifically, they are not permitted to work after 1 a.m.
Requirement of Employment Certificates
Before any minor under the age of 18 becomes employed, the employer must receive from the minor and keep on file an employment certificate. Employment certificates and transferable work permits must be obtained from the school district in which the minor resides, and will be issued by the superintendent or supervising principal of the district.
The official authorized to issue an employment certificate cannot issue the certificate unless the following papers are completed and filed: A statement signed by the employer stating the minor will be employed, the type of employment involved, and the hours of employment and a certificate of physical fitness. Any minor 16 years of age can receive a transferable work permit instead of an employment certificate, and the permit is valid until the minor’s 18th birthday.
Posting Requirements
Employers that employ minors under the age of 18 must post an abstract of Pennsylvania’s child labor law (Form LLC-5) and a schedule of hours for minors (Form LLC-17) in a conspicuous place.
Penalties for Violations of the Child Labor Act
Penalties under the Act vary, but can include, among others, an administrative penalty of up to $5,000 for each violation, and any corrective action the DL&I deems necessary to address the violation.
Navigating the various complexities of hiring minors in Pennsylvania can be challenging for employers or prospective employers. Accordingly, employers considering augmenting their workforce with minors in Pennsylvania are advised to consult with counsel regarding compliance with the Child Labor Act.
See Footnotes
1 The federal Fair Labor Standards Act similarly prohibits certain work and hours for minors.
2 Generally, minors under age 14 are prohibited from employment. There are exceptions, however, such as working for a family farm or in domestic services (e.g., babysitting).
3 Certain exceptions may apply to these specifically outlined occupations.
