Child Labor Laws in Indiana: Youth Employment Rules

Federal child labor laws under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 212, establish minimum age requirements and work restrictions for minors nationwide. The FLSA prohibits minors under 14 from working in most non-agricultural jobs, limits 14-15 year-olds to specific occupations with hour restrictions, and prohibits minors under 18 from hazardous work. The federal law sets a minimum 14-year-old age for non-agricultural employment and restricts hours during school sessions. The U.S. Department of Labor (DOL) enforces the FLSA and can impose civil penalties. However, states like Indiana may impose stricter requirements than federal law, and employers must comply with whichever standard is more protective of minors.

The FLSA allows 14-15 year-olds limited work in retail, food service, and office positions with specific hour caps. Hazardous occupations prohibited federally include operation of power tools, machinery, roofing work, and work in manufacturing facilities. The federal law does not require work permits, though some states do. Employers covered by the FLSA include those with annual gross sales of $500,000 or more, but Indiana's state law may apply to smaller employers as well.

Indiana Code § 22-2-2 et seq. establishes state child labor protections that are generally comparable to federal law but include several state-specific requirements. Indiana requires employers to obtain written parental consent and verify a minor's age with a birth certificate or work permit before employing anyone under 16. This is stricter than federal law, which does not mandate parental consent documentation.

Under Indiana law, minors aged 14-15 may work a maximum of 3 hours on school days and 8 hours on non-school days, and no more than 6 days per week. These restrictions are more specific than federal guidance. Minors under 14 cannot be employed in Indiana except in agricultural work or by a parent in a family business not involved in manufacturing or hazardous occupations. Indiana Code § 22-2-2-4 prohibits any minor under 18 from operating power-driven machinery, power saws, power tools, or equipment that poses significant hazard.

Indiana Code § 22-2-2-5 specifically lists hazardous occupations from which minors under 16 are barred, including work in mining, manufacturing, logging, and processing industries. Minors under 18 cannot work in any occupations declared hazardous by the Indiana Department of Labor. Indiana law applies to all employers within the state, regardless of size, making it broader than federal law which only covers employers with significant economic impact.

Under Indiana law, violations result in civil penalties of up to $500 per violation, enforceable by the Indiana Department of Labor. Unlike federal law, Indiana does not allow states to waive parental consent or work permit requirements. The Indiana Department of Labor issues work permits and enforces compliance through inspections and complaint investigations.

Indiana youth employment law contains several important exceptions and limited carve-outs. Agricultural work is exempt from most restrictions: minors of any age may work on farms owned or operated by their parent, and 12-13 year-olds may perform non-hazardous agricultural work under specific conditions. Family business exception exists where minors may work for a parent in a non-manufacturing, non-hazardous business without work permits, though hour restrictions still apply to school-age minors.

Minors aged 16 and 17 have fewer restrictions than younger workers but remain prohibited from hazardous occupations listed in Indiana Code § 22-2-2-4 and § 22-2-2-5. These restrictions cannot be waived by parental consent. Minors working in seasonal agricultural labor have different hour rules than year-round workers. The work permit requirement does not apply to minors employed in agricultural work on a farm or in agricultural processing.

Employers have a complete defense if they relied in good faith on a work permit issued by the Indiana Department of Labor or on a birth certificate provided by the minor, even if the document was later found to be invalid. However, employers cannot rely on minor's verbal statement of age without documentation. Federal minimum wage and overtime requirements still apply to Indiana minors, and state wage laws are not superseded by youth employment restrictions. School attendance requirements under Indiana Code § 20-33-2-1 take precedence: minors must attend school and cannot be employed in violation of compulsory education laws.

Step 1: Document the violation carefully. Keep records of the minor's age at time of employment, what work the minor performed, hours worked, dates employed, and any hazardous tasks assigned. Photograph hazardous machinery or conditions if safely possible. Retain pay stubs, time records, and any written agreements about hours or duties. Note names of supervisors and co-workers who can testify about the work conditions. Keep written documentation of when you first raised concerns with management if applicable.

Step 2: Report internally within your company if possible. Request a meeting with your direct supervisor or human resources department and explain specifically which Indiana labor code provisions are being violated (cite the code section such as IC § 22-2-2-4 for hazardous machinery operation). Request written acknowledgment of your complaint and ask what corrective action will be taken. If there is a retaliation clause in your employee handbook, reference it and request protection. Document this conversation in writing via email to HR requesting confirmation of what was discussed. Keep copies of all internal communications.

Step 3: File a complaint with the Indiana Department of Labor. Contact the Youth Employment Services team at (317) 234-3288 or visit the website at www.in.gov/dol to file a formal complaint. Provide the employer's name, address, and description of the violation. Explain the minor's age, job duties, hours worked, and which specific Indiana Code provisions were violated. Describe hazardous conditions or machinery involved. The department accepts complaints from parents, guardians, educators, or concerned community members—you do not need to be the minor's parent. The filing deadline is not statutorily limited, but complaints should be filed as soon as possible to preserve evidence and prevent continued violations.

Step 4: Expect the investigation process to take 30-60 days typically. The Indiana Department of Labor will contact the employer and request records including work permits, timesheets, job descriptions, and machinery safety information. Investigators may visit the worksite to inspect conditions and interview the minor and supervisors. The agency will determine whether a violation occurred based on Indiana Code § 22-2-2. If a violation is confirmed, the employer receives notice and an opportunity to correct the violation (typically 10-30 days). If not corrected, the department issues a civil penalty up to $500 per violation. The minor's identity is protected during investigation; employers typically cannot identify the complainant.

Step 5: Consult an attorney if the violation involves serious injury, ongoing hazardous exposure, or if the employer retaliates against you for reporting. An employment law attorney licensed in Indiana can review whether additional claims exist such as personal injury, workers' compensation violations, or retaliation under Indiana whistleblower law (IC § 22-5-3-1). Contact a labor law attorney before discussing the matter with the employer if you fear retaliation. Many offer free initial consultations. If a minor was injured due to illegal youth employment, contact an attorney immediately as personal injury claims have time limits.