Child Labor Laws in Maryland: Youth Employment Rules

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 212, establishes federal child labor standards that apply nationwide. The FLSA prohibits oppressive child labor and limits hours of work for minors under 16 employed in non-agricultural occupations. Federal law requires minors under 16 in non-agricultural work to be employed only in non-hazardous occupations approved by the Department of Labor, with hour restrictions: no more than 3 hours on school days, 8 hours on non-school days, 40 hours per week when school is in session, and 40 hours per week when school is not in session, with no work before 7 a.m. or after 7 p.m. on school nights (until 9 p.m. during summer).

The FLSA also prohibits minors under 14 from most non-agricultural employment, restricting them to specific occupations like newspaper delivery and model work. Minors aged 14-15 face greater restrictions than minors aged 16-17. The federal minimum wage applies to all covered minors; no youth minimum wage is permitted under federal law. The Department of Labor enforces the FLSA through the Wage and Hour Division, and violations can result in civil penalties, back wages, and liquidated damages. Agricultural employment has separate, less restrictive rules under federal law.

Maryland's child labor laws are codified in the Maryland Labor and Employment Article §§ 3-205 through 3-209 and are generally more restrictive than federal law in several respects. Maryland requires work permits for all minors under 16 employed in most occupations, obtained from the Division of Labor and Industry; minors must provide proof of age and school enrollment status to obtain a permit. Maryland prohibits employment of children under 14 in non-agricultural occupations entirely, except for narrow exceptions such as newspaper delivery, retail work in small family businesses, and domestic service.

For minors aged 14-15, Maryland imposes stricter hour restrictions than federal law: a maximum of 3 hours of work on any school day, 8 hours on non-school days, 16 hours per week during the school week, and 40 hours per week when school is not in session. Work hours are further restricted so that minors may not work before 7 a.m. or after 9 p.m. on any night, including non-school nights. Maryland Labor and Employment Article § 3-206 codifies these hour limits.

Maryland's hazardous occupations list under § 3-209 closely tracks federal prohibitions but adds state-specific restrictions: minors under 16 are banned from operating power-driven machinery, working in food processing plants, working in construction, working with pesticides, and performing roofing or demolition work. Maryland does not permit any youth minimum wage; minors must receive at least Maryland's state minimum wage (currently $15.00 per hour as of 2024, indexed to inflation). The Division of Labor and Industry enforces Maryland's child labor laws and issues work permits. Violations can result in civil penalties, cease-and-desist orders, and liability for unpaid wages.

Maryland's child labor laws contain several important exceptions. Agricultural employment is carved out and subject to less restrictive rules; minors may perform farm work under parental supervision with fewer hour restrictions, and children as young as 10 may work on farms with parental consent during non-school hours. Minors employed in newspaper delivery are exempt from work permit requirements and benefit from relaxed hour restrictions. Minors employed by their parents in a non-hazardous family business may be exempt from some provisions, though work permits are still required in most cases.

The hazardous occupations ban is not absolute: the Maryland Division of Labor and Industry may grant limited exemptions in rare cases where equivalent safety protections are in place. Minors aged 16 and older face fewer restrictions than younger minors; they may work standard hours, perform non-hazardous agricultural work, and earn overtime pay. However, minors under 18 remain banned from hazardous occupations including roofing, demolition, power-driven machinery operation, and work with certain chemicals or pesticides.

Work permit requirements may be waived in limited circumstances for minors with certificates of age or in specific occupations such as domestic service or casual work. However, Maryland's interpretation of these exemptions is narrow. At-will employment principles apply to minors in Maryland, meaning employers can terminate employment at will absent a contract provision otherwise. Union contracts may impose additional protections for minor employees. An employer's good-faith belief that a minor is of legal age may provide a limited defense to work permit violations if the employer has examined appropriate documents.

Step 1 — Document: Keep a detailed record of all work performed, including dates, times, tasks assigned, hazardous conditions, and any safety violations you witness. Save pay stubs showing hours worked and wages earned; photograph equipment you operated or hazardous materials you handled if possible. Record the names and contact information of coworkers who witnessed violations. Save emails, text messages, or written communications from your employer regarding schedules or job duties. If you are under 16, retain your work permit and any communications regarding its issuance. Take photographs of your workplace conditions if safe to do so.

Step 2 — Internal Complaint Process: First, report the violation to your employer in writing (email or letter) describing the specific violation, dates, and impact. Keep a copy of this communication. Request a written response and clarification of the policy. If you have a manager, HR representative, or supervisor you trust, escalate the complaint through the internal chain of command. Document the date you made the internal complaint and any response received. This step is not required by law but creates a paper trail and may prompt voluntary compliance. If your employer retaliates for making a complaint, document the retaliatory action immediately.

Step 3 — File with State Agency: Contact the Maryland Division of Labor and Industry, which enforces child labor laws under the Maryland Labor and Employment Article. File a complaint online at www.mde.maryland.gov/programs/labor/Monitoring/Pages/index.aspx or call 410-767-2357 during business hours. In-person complaints can be filed at 500 N. Calvert Street, Baltimore, MD 21202. You must provide your name, contact information, your employer's name and address, a detailed description of the violation, dates it occurred, and the names of witnesses if available. You may file anonymously if you fear retaliation. The deadline to file is generally not statutorily defined, but prompt filing (within 30 days) strengthens your claim. Federal violations can be reported to the U.S. Department of Labor Wage and Hour Division at www.dol.gov/agencies/whd or by calling 1-866-4-USDOL.

Step 4 — Investigation Process: After filing, the Maryland Division of Labor and Industry will conduct an investigation, typically within 30–60 days. An investigator will contact your employer and may visit the workplace. The investigator will interview you and other witnesses, review records, inspect working conditions, and examine work permits if applicable. Your employer has the right to respond to allegations. The investigation is confidential, though your employer may learn your identity. The Division may issue a citation, demand corrective action, and assess civil penalties ranging from $100 to $1,000 per violation depending on severity and prior violations. If wage violations are found, the Division will demand back wages plus interest. You will be notified of the outcome.

Step 5 — Legal Consultation: Contact an employment attorney if the violation involves wage theft, hazardous conditions that caused injury, or significant retaliation. An attorney can evaluate whether you have a private right of action for damages beyond the Division's enforcement. Many attorneys offer free initial consultations. If you are injured, consult a workers' compensation attorney to file a claim. If you face retaliation for reporting, an employment attorney can advise on whistleblower protections. Contact the Legal Aid Bureau of Maryland (410-539-0150) if you cannot afford an attorney; they may provide free representation based on income.