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This fact sheet provides general information concerning the application of the federal youth employment provisions to
restaurants and quick-service establishments that employ workers under 18 years of age. For detailed information about the
federal provisions, see Regulations, 29 CFR Part 570 located at
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/toc.htm.
The Department of Labor is committed to helping young workers find positive appropriate and safe employment experiences.
The youth employment provisions of the FLSA were enacted to ensure that when young people work, the work does not jeopardize
their health, well-being or educational opportunities. Working youth are generally entitled to the same minimum wage and
overtime protections as older adults. For information about these requirements in the restaurant and quick-service
industries, please see Fact Sheet 2 in this series, Restaurants under the Fair Labor Standards Act, located at
http://www.dol.gov/esa/regs/compliance/whd/whdfs2.htm.
Minimum Age Standards for Employment
The FLSA and the youth employment regulations, issued at 29 CFR Part 570, establish both hours and occupational standards
for youth. Youth of any age are generally permitted to work for businesses entirely owned by their parents, except those
under 16 may not be employed in mining or manufacturing and no one under 18 may be employed in any occupation the Secretary
of Labor has declared to be hazardous.
18 Years of Age |
Once a youth reaches 18 years of age, he or she is no longer subject to the federal youth employment provisions. |
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16 & 17 Years of Age |
Sixteen- and 17-year-olds may be employed for unlimited hours in any occupation other than those declared
hazardous by the Secretary of Labor. Examples of equipment declared hazardous in food service establishments include
power-driven meat processing machines (meat slicers, saws, patty forming machines, grinders, or choppers), commercial
mixers and certain power-driven bakery machines. Employees under 18 are not permitted to operate, feed, set-up, adjust,
repair, or clean such machines.
Generally, no employee under 18 years of age may drive on the job or serve as an outside helper on a motor vehicle
on a public road, but 17-year-olds who meet certain specific requirements may drive automobiles and trucks that do not
exceed 6,000 pounds gross vehicle weight for limited amounts of time as part of their job. Such minors are, however,
prohibited from making time sensitive deliveries (such as pizza deliveries or other trips where time is of essence) and
from driving at night. (See Fact Sheet 34, Important Changes in the Child Labor Laws Affecting the Driving of
Automobiles and Trucks Under Hazardous Occupations Order #2) located at
http://www.dol.gov/esa/regs/compliance/whd/whdfs34.htm.
Minors under 18 years of age may not operate or unload scrap paper balers or paper box compactors. Sixteen- and
17-year-olds may load such machines under certain specific circumstances. (See Important Change in the Child Labor Laws
Affecting Hazardous Occupations Order #12 and the Loading of Scrap Paper Balers and Box Compactors at
http://www.dol.gov/esa/regs/compliance/whd/bale.htm). |
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14 & 15 Years of Age |
Fourteen- and 15- year-olds may be employed in
restaurants and quick-service establishments outside school hours in a
variety of jobs for limited periods of time and under specified conditions. |
Hours Standards for 14- and 15-Year-Olds
Child Labor Regulation No. 3, 29 CFR Part 570, Subpart C, limits the hours and the times of day
that 14- and 15-year-olds may work:
- outside school hours;
- no more than 3 hours on a school day, including Fridays;
- no more than 8 hours on a nonschool day;
- no more than 18 hours during a week when school is in session;
- no more than 40 hours during a week when school is not in session;
- between 7 a.m. and 7 p.m. - except between June 1 and Labor day when the evening hour is extended to 9 p.m.
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Occupations Standards for 14- and 15-Year-Olds
Fourteen- and 15-year-olds may work in restaurants and quick-service food establishments, but only in certain
jobs.
- They may do kitchen work and other work involved in preparing food and beverages, including the operation of devices
used in such work, such as dish-washers, toasters, milk shake blenders, and coffee grinders.
- They may perform cashiering, table service and "busing," and clean up work using vacuum cleaners and floor waxers.
- They may not perform baking and may only perform light cooking of the type found at soda fountains, lunch counters,
snack bars or cafeterias (cooking performed in plain view of the customer).
- They may not operate power-driven lawn mowers or cutters nor work in freezers or meat coolers.
- They are prohibited from working in any of the Hazardous Orders (discussed above for 16- and 17-year-olds).
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Under 14 Years of Age |
Children under 14 years of age may not be employed in
non-agricultural occupations covered by the FLSA, including food service
establishments. Permissible employment for such children is limited to work
that is exempt from the FLSA (such as delivering newspapers to the consumer
and acting). Children may also perform work not covered by the FLSA such as
completing minor chores around private homes or casual baby-sitting. |
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Work Experience and Career Exploration Program (WECEP)
WECEP is a program designed to provide a carefully planned work experience and
career exploration program for 14- and 15-year-old youths who can benefit
from a career oriented educational program designed to meet the participants' needs, interests and abilities.
The program is aimed at helping youths to become reoriented and motivated toward education and to prepare them for the world of work.
State Departments of Education are granted approval to operate a WECEP by the Administrator of the Wage and Hour
Division for a 2-year period. Certain provisions of youth employment provisions are modified for 14- and 15-year-old
participants during the school term.
- They may work during school hours.
- They may work up to 3 hours on a school day; and as many as 23 hours in a school week.
- They also may work in some occupations that would otherwise be prohibited under a variance issued by the Administrator, but they may not work in
manufacturing, mining or any of the 17 Hazardous Occupations.
Individual employers may partner with participating local school districts in those states authorized to operate WECEPs.
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For more information on YouthRules!, visit the web site at www.youthrules.dol.gov or call toll-free 1-866-4US-WAGE
(1-866-487-9243). All states have their own youth employment provisions. When federal and state laws differ, the higher standard applies.
This fact sheet is intended as general guidance only and does not carry the force of legal opinion. The Department of Labor is providing this
information to give the public access to information on Department of Labor programs. There are no express or implied guarantees. The Federal
Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department.
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