Work Permit Requirements for Minors in Louisiana

Federal child labor law under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 212, sets the baseline minimum working age at 14 for most non-agricultural jobs, with 16 as the minimum for hazardous occupations. The FLSA restricts hours and duties for minors under 16, limiting them to 3 hours on school days, 8 hours on non-school days, and 40 hours per week during school sessions. The Department of Labor (DOL) enforces federal child labor standards, and violations can result in civil penalties of up to $10,000 per violation.

While the FLSA does not explicitly require a work permit at the federal level, it establishes the foundational age, hour, and occupational restrictions that states may enforce through permit systems. The federal law also prohibits minors under 18 from working in specified hazardous occupations including mining, manufacturing, forestry, and roofing. Federal law preempts state law only where state rules are less protective; states may impose stricter standards. The FLSA applies to employers with gross annual sales exceeding $500,000 or engaged in interstate commerce, covering virtually all private employers.

Louisiana Revised Statutes Title 23, Section 23:160 mandates that all minors under age 16 must obtain a work permit prior to beginning employment. This state law is significantly more protective than federal baseline requirements because it creates an affirmative administrative requirement—the permit—ensuring documented verification of age and school enrollment before work begins.

Work permits are issued at no charge by the local school superintendent or parish school board in the school district where the minor resides or attends school. To obtain a permit, the minor must be enrolled in school and in good academic standing, or have parental/guardian authorization if not attending school. The school official issues the permit only after verifying the minor's age through birth certificate or school records and obtaining written consent from both the minor's parent or guardian and the prospective employer.

Under Section 23:161, minors aged 14 and 15 with valid permits may work no more than 3 hours per day on days when school is in session, no more than 8 hours on days when school is not in session, and no more than 40 hours per week during the school year. During school vacations and summer periods, work hours may increase slightly but remain subject to federal FLSA maximums. Minors under 14 are generally prohibited from employment except in specific agricultural contexts or with parental consent for light domestic work.

Louisiana law applies to all employers operating within the state, regardless of size or interstate commerce status, making it broader in application than federal law. Section 23:163 prohibits minors from engaging in hazardous occupations including mining, manufacturing of explosives, logging, roofing, and operation of certain machinery. These prohibitions mirror and sometimes exceed federal FLSA restrictions. Violations carry civil penalties ranging from $100 to $500 per violation, enforced by the Louisiana Department of Labor.

Louisiana law contains several important exceptions and limitations. Minors aged 12–13 may engage in light agricultural work, including harvesting fruits and vegetables, provided they have parental consent and work during non-school hours; this exemption does not apply to hazardous agricultural operations such as those involving pesticides or machinery.

Farm work by minors is partially exempt from the permit requirement under Louisiana's agricultural exemption, though federal FLSA child labor standards still apply to agricultural employers. Minors working in their parents' or guardians' sole proprietorship business are exempt from the permit requirement if the work is performed at the family residence or in a non-hazardous family business, though this exemption does not eliminate FLSA hour restrictions.

Minors who have obtained a high school diploma or GED are exempt from the permit requirement, as the underlying purpose—ensuring school attendance—is satisfied. Homeschooled minors may work if the parent submits documentation of homeschool enrollment to the school superintendent in lieu of traditional school enrollment.

The permit requirement does not apply to minors engaged in unpaid volunteer work for nonprofit organizations or government agencies, though FLSA hour restrictions may still apply depending on the nature of the work. Additionally, Louisiana's permit system contains a practical limitation: minors cannot legally work until the permit is physically issued and signed, creating a delay between job offer and start date. Employers bear the burden of verification—hiring minors without obtaining sight of a valid permit creates liability regardless of the minor's assertion that a permit was obtained.

Step 1: Document the violation meticulously. Keep records of the minor's name, date of birth, hire date, and job title. Request and retain a copy of any work permit presented by the minor—note the permit number, issuing school, and expiration date. If no permit was provided, document the dates the minor worked, the hours worked each day, job duties, and wages paid. Take screenshots of job application materials if the minor's age was listed. Photograph any physical work permit if one exists. Create a contemporaneous written record with dates and times of the alleged violation.

Step 2: Initiate the internal complaint process by reporting the violation to your human resources or compliance department immediately upon discovery. Document your report in writing, including the date reported, to whom reported, and what specific information was communicated. Request written acknowledgment of receipt. If your employer fails to remedy the violation within a reasonable timeframe—typically 5–10 business days—escalate to senior management in writing. This internal step demonstrates good-faith compliance efforts and may mitigate potential penalties if the employer is the violator; it also creates a record that establishes your knowledge and concerns.

Step 3: File a complaint with the Louisiana Department of Labor, Wage and Hour Unit, either online at www.laworks.net or by calling (225) 342-3111. Alternatively, file a complaint with the U.S. Department of Labor Wage and Hour Division at www.dol.gov/agencies/whd or call 1-866-4-USDOL. You will need the employer's legal business name, address, phone number, type of business, estimated number of employees, the minor's name and birth date if known, the dates the minor worked, job duties performed, hours worked, wages paid (if any), and the name of the supervisor or manager. Louisiana requires complaints to be filed within a reasonable time of discovering the violation; while no specific statute of limitations is codified for permit violations, federal FLSA claims typically have a two-year window (three years for willful violations).

Step 4: The investigation process begins when the agency receives your complaint. The Louisiana Department of Labor will typically contact the employer within 10–15 business days to initiate an investigation. The investigator will request payroll records, personnel files, hiring documentation, and any work permits maintained. They may interview the minor, the minor's parents, coworkers, and management. Federal DOL investigators follow similar procedures. The typical investigation takes 30–90 days depending on complexity and employer responsiveness. You may be contacted to provide additional details or clarify your complaint. The agency will issue a report of findings; if violations are substantiated, the employer may be assessed civil penalties, required to reimburse the minor for illegal wages, or both.

Step 5: Consult an employment attorney if the minor's wages were not paid, if the minor was injured while working in violation of the law, or if the employer retaliated against the minor or the person who reported the violation. Seek a lawyer specializing in wage and hour law or child labor law; many offer free initial consultations. An attorney can review settlement offers from the employer, assess whether private litigation is warranted under state wage law, and pursue damages for unpaid wages, penalties, and attorney fees. If the employer is a large business, contact a legal aid organization or look for attorneys willing to take the case on contingency.