Work Permit Requirements for Minors in Indiana

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes the federal floor for youth employment. The FLSA prohibits child labor in nonagricultural occupations and requires that minors be at least 14 years old to work in most jobs, with limited exceptions. Minors aged 14-15 have restricted hours: they cannot work more than 3 hours on a school day, 8 hours on a non-school day, 18 hours in a school week, or 40 hours in a non-school week. The FLSA also prohibits employing minors under 16 in hazardous occupations, including mining, manufacturing with power-driven machinery, and handling explosives.

The EEOC enforces FLSA youth protections, and the Department of Labor's Wage and Hour Division investigates violations. Federal law does not explicitly require work permits; instead, it relies on age documentation and employer compliance. However, the FLSA permits states to impose stricter standards, including work permit requirements. Remedies for federal violations include back wages, liquidated damages, and civil penalties. Employers covered by the FLSA (those with $500,000+ in annual revenue or engaged in interstate commerce) must comply with these standards.

Indiana law is significantly stricter than the federal baseline and explicitly requires work permits for most minors under 16. Indiana Code § 34-35-1-1 et seq. establishes Indiana's comprehensive child labor regime. Under state law, minors under 16 must obtain a work permit from the Indiana Department of Labor before beginning employment, with only narrow exceptions: work for a parent or guardian in non-hazardous occupations, and agricultural labor outside school hours.

Indiana's coverage is broader than federal law in key respects. While the FLSA requires permits only implicitly through documentation, Indiana explicitly mandates them. Indiana applies to all employers with employees under 16, regardless of size or revenue—there is no employer-size threshold. This means small businesses and sole proprietors are covered, whereas some FLSA exemptions may apply to very small enterprises.

Indiana also imposes stricter hour restrictions than federal law. Minors under 16 cannot work more than 3 hours on school days or 8 hours on non-school days (same as FLSA). However, Indiana's definition of "school day" is more restrictive: it includes any day school is in session, even if the minor does not attend. Additionally, minors under 14 have even tighter restrictions: they can work no more than 2 hours on school days and 6 hours on non-school days during the school year.

Indiana Code § 34-35-1-10 prohibits minors under 18 from working in hazardous occupations including operation of power machinery, work in mines, handling explosives, roofing work, and work around toxic substances—protections aligned with or exceeding federal standards. Remedies under Indiana law include civil penalties up to $10,000 per violation, criminal penalties for knowing violations, and potential liability for wage violations. The Indiana Department of Labor enforces these requirements through inspection and investigation.

Indiana Code § 34-35-1-2 exempts work performed by a minor for a parent or legal guardian in nonhazardous occupations; however, hour restrictions may still apply depending on the minor's age and school enrollment. Agricultural labor is exempt from the work permit requirement under Indiana Code § 34-35-1-4, but only if performed outside school hours and not during compulsory school attendance days for minors under 16. However, even agricultural work is subject to hazardous occupation prohibitions.

Minors aged 16 and 17 do not require work permits under Indiana law, but they remain subject to hazardous occupation prohibitions in Indiana Code § 34-35-1-10. Work-study programs and school-sponsored employment may qualify for modified permit requirements or exemptions under Indiana Administrative Code Title 675, Rule 3-2.2, provided the school certifies the employment as educationally integrated.

Employers may have a defense if they can demonstrate they relied on documentation presented by the minor (such as a school enrollment letter or birth certificate) and had no actual knowledge the permit was missing, but this is limited—employers have a duty to verify permits are actually in place before hiring. Union apprenticeship programs registered with the U.S. Department of Labor may operate under different rules, though Indiana requirements generally still apply unless preempted by federal apprenticeship standards.

Step 1 — Document Your Situation: If you are a minor, keep copies of your birth certificate, school enrollment verification, and any communications with your employer about hiring. If you are an employer or parent, retain records of any work permit applications submitted, denial letters, or confirmations from the Indiana Department of Labor. Save pay stubs, timesheets, and job descriptions showing the work performed. Document the number of hours worked and the dates, especially comparing them to school calendars to establish whether hour restrictions were violated.

Step 2 — Internal Complaint Process: If you are a minor or parent concerned about violations, first attempt to address the issue with the employer directly in writing. Send a letter to the manager or owner requesting confirmation that a valid work permit is on file and asking to see a copy. Keep a copy of your letter. If the employer cannot produce the permit or refuses to acknowledge the issue, proceed to external complaint. Note that many employers are unaware of Indiana's strict requirements, and a polite inquiry may resolve the matter. However, if the employer is dismissive or refuses to correct violations, do not delay escalation.

Step 3 — File with the Indiana Department of Labor: Contact the Indiana Department of Labor's Wage and Hour Division at 317-232-2655 or visit www.in.gov/dol. The Division handles work permit investigations. File a complaint in writing detailing: the minor's name, age, and school; the employer's name, address, and industry; the dates and hours worked; and whether a permit was required but not obtained. Include any documentation of hours worked (timesheets, pay stubs, witness statements). There is no explicit filing deadline, but complaints should be filed as soon as possible to preserve evidence. The Division will assign an investigator who will contact the employer.

Step 4 — Investigation Process: The Indiana Department of Labor will investigate within 10-15 business days. An investigator will contact the employer to request work records, permit documentation, and the minor's employment file. The investigator may also interview the minor and employer. If no valid permit is found, the Division will issue a violation notice and may demand corrective action, back wages, or penalties. The investigation is confidential, though employers are notified of complaints. If the case involves wage violations (underpayment or nonpayment due to hours worked beyond legal limits), the investigator may also calculate damages owed.

Step 5 — Legal Action and Attorney Consultation: If the Indiana Department of Labor investigation results in penalties but the employer does not comply, consult an employment law attorney licensed in Indiana. Specifically, seek an attorney experienced in wage and hour law and child labor violations. An attorney can evaluate whether you have grounds for a private lawsuit under Indiana Code § 34-35-1-1 for unpaid wages and additional damages. Indiana also allows civil recovery for willful violations. The attorney can negotiate with the employer, file a demand letter, or pursue litigation in Indiana state court. Many employment attorneys work on contingency for wage claims, meaning they are paid only if you recover.