Work Permit Requirements for Minors in Massachusetts

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 203 et seq., sets the federal minimum work age at 14 for most non-agricultural jobs and 12 for agricultural work. The FLSA restricts working hours for minors under 16: they cannot work more than 8 hours per day, 40 hours per week, or outside 7 a.m.–7 p.m. (or 9 p.m. during summer). Minors aged 14–15 are prohibited from certain hazardous occupations, including operation of power-driven machinery, work in roofing, and exposure to toxic substances. The U.S. Department of Labor (DOL) enforces the FLSA and investigates violations.

Federal law does not require work permits or certificates of employment; permit requirements are state-specific. However, the FLSA establishes baseline age, hour, and hazard restrictions that apply nationwide. Remedies under the FLSA include back wages, liquidated damages (equal to back wages), and civil penalties up to $11,000 per violation (as of 2024). Private right of action exists, meaning workers can sue employers directly for wage violations.

Massachusetts law is significantly more restrictive than the FLSA in several key ways. Under Mass. Gen. Laws c. 149, § 150, all minors under 18 must obtain a certificate of employment (work permit) before beginning any job, and employers must verify and retain the certificate. This is a universal requirement with no exemptions.

Massachusetts sets stricter hour limits than federal law. Minors aged 14–15 cannot work more than 8 hours on school days, 40 hours per week during school weeks, or 20 hours per week during school, or more than 8 hours per day on non-school days, 6 days per week. Minors aged 16–17 cannot work more than 4 hours on school days or during school weeks, 20 hours per week during school, or more than 8 hours per day on non-school days, 6 days per week. These restrictions are substantially tighter than federal rules for 16–17 year olds.

Mass. Gen. Laws c. 149, §§ 151–152 specify prohibited occupations and hazards. Minors under 16 cannot operate power-driven machinery, work in roofing or excavation, handle explosives, work in manufacturing, operate vehicles, or work in certain retail or service settings with extended hours. Minors aged 16–17 have fewer restrictions but remain barred from the most hazardous work.

Work permits are issued by the local school district where the minor resides, not by a state agency. The certificate confirms the minor's age, attendance, and eligibility to work. Employers are responsible for obtaining and maintaining the certificate; failure to do so is a violation.

Massachusetts provides stronger protections than federal law. The state allows workers to sue directly for child labor violations and may recover penalties, damages, and attorney's fees. The state also enforces through the Department of Education and the Attorney General's office. Penalties include civil fines up to $500 per violation, criminal penalties for knowing violations, and mandatory damages in private suits.

Age 14 is the minimum working age in Massachusetts.

Minors aged 14–15: maximum 8 hours on school days, 20 hours per week during school, 8 hours per day on non-school days, 6 days per week maximum.

Minors aged 16–17: maximum 4 hours on school days, 20 hours per week during school, 8 hours per day on non-school days, 6 days per week maximum.

Work permits must be obtained before employment begins; no exceptions.

Employers must keep the certificate on file or face a penalty of up to $500 per violation.

Certificates are issued by the minor's school district at no charge.

Massachusetts law contains few exceptions to the work permit requirement. The statute does not exempt agricultural labor, family businesses, or self-employment. Even minors working for their parents must obtain a certificate. However, Mass. Gen. Laws c. 149, § 155 provides narrow exceptions for certain vocational education and apprenticeship programs that are supervised by schools; these may operate under modified rules, though a certificate is still required.

Work hour restrictions do not apply the same way to non-school weeks. During periods when school is not in session (summer vacation, winter break, holidays), minors aged 14–15 may work up to 8 hours per day and 40 hours per week. Minors aged 16–17 may work longer hours during non-school weeks, though no specific daily maximum applies outside the school week restrictions.

Certain light, non-hazardous work may be performed by minors aged 12–13 under federal law in specific agricultural settings, but Massachusetts state law does not adopt this exception; state law requires the certificate for all minors under 18 in any employment.

Employers cannot defend a child labor violation by claiming the minor misrepresented their age if no valid certificate was obtained. Employer due diligence requires obtaining the permit; ignorance of the minor's true age is not a defense. Similarly, if a minor is injured during unauthorized work (work without a permit), the employer may be liable under workers' compensation and tort law in addition to child labor penalties.

Step 1: Document the violation. If you are a minor or parent, keep records of all work hours, dates, job duties, and wage statements. Take photographs or screenshots of work schedules, text messages confirming work assignments, and any written job descriptions. If a certificate was never requested or shown, note the date you started work and confirm no permit was ever displayed. If hour restrictions were violated (e.g., working 6 hours on a school day when 8 is the max, or working 30 hours during a school week when 20 is the limit), document each day and hour worked.

Step 2: Report internally to the employer. Request a meeting with the manager or HR department and ask to see your work permit certificate. Ask in writing (email) whether a certificate was obtained and when. Keep copies of all correspondence. Explain that Massachusetts law requires the certificate before work begins and that working without one violates state law. Request that the employer immediately obtain the certificate if it has not been filed. If the employer refuses or claims the certificate is not needed, document this in writing.

Step 3: File a complaint with the Massachusetts Department of Education. The Division of Occupational Education enforces child labor laws. Contact the school district's Superintendent of Schools or the state Department of Education Office of Labor and Workforce Development. The complaint should include: your name, age, and contact information; your employer's name and address; the dates you worked; the hours worked (especially any violations of hour restrictions); whether a work permit was obtained; and copies of any pay stubs, schedules, or other evidence. The filing deadline is generally unlimited, but file as soon as possible while evidence is fresh. There is no filing fee.

Step 4: File a complaint with the Massachusetts Attorney General's Office (Consumer Protection Division) or the Division of Occupational Education. Both agencies investigate child labor violations. Submit your complaint online at mass.gov or by phone at (617) 727-8400. Include all documents from Step 3. The investigation typically takes 2–4 weeks. Investigators will contact the employer, request the work permit file, review work records, and interview witnesses. You may be contacted for a statement. The investigator will determine whether a violation occurred and may issue a citation or refer the matter for prosecution.

Step 5: Consult an employment attorney if the violation was serious, ongoing, or resulted in injury or wage theft. An attorney specializing in labor law or wage claims can evaluate whether you have a private right of action under Massachusetts wage law (if unpaid wages are also involved) or tort claims (if you were injured working without proper oversight). Many employment attorneys offer free initial consultations. You may be entitled to damages, penalties, back wages, and attorney's fees under Mass. Gen. Laws c. 149, § 150. An attorney can also help negotiate settlement or pursue litigation if needed.