Child Labor Laws in Massachusetts: Youth Employment Rules

The Fair Labor Standards Act (FLSA), 29 U.S.C. Section 206 et seq., establishes federal youth employment standards applicable to most Massachusetts employers. The FLSA prohibits employment of youth under 14 in non-agricultural occupations, except for children employed by parents in non-hazardous family businesses. Youth ages 14-15 may work limited hours in permitted occupations, and youth 16-17 face restrictions on hazardous work. The federal minimum wage applies to all youth workers; the FLSA permits a youth minimum wage of $4.25 per hour for workers under 20 during their first 90 consecutive calendar days of employment, but this applies only if the employer is covered by FLSA and the state does not impose a higher minimum.

Federal law restricts youth under 16 to maximum 3 hours per school day and 18 hours per school week, with different limits during non-school weeks. Youth 16-17 have no federal hour restrictions but face occupational hazard bans including operation of power-driven machinery, roofing work, and work in mines or logging operations. The U.S. Department of Labor enforces the FLSA through investigation, civil actions for unpaid wages, and civil penalties. Employers must keep records of youth workers' hours, wages, and occupations.

Massachusetts General Laws Chapter 149, Sections 150-154, impose requirements equal to or stricter than federal law in several respects. Youth under 14 are completely prohibited from employment in Massachusetts with no exceptions for family businesses, which is more restrictive than federal law. Youth ages 14-17 must obtain work permits (also called "working papers") from their local school superintendent or designee before beginning employment; this state-specific requirement does not exist under federal law alone.

Massachusetts sets maximum work hours at 3 hours on school days and 8 hours on non-school days for youth 14-17, which aligns with federal law but applies uniformly statewide. Youth cannot work before 7 AM or after 10 PM on school nights, or before 6 AM or after 11 PM on non-school nights. These time restrictions are more specific than federal requirements. The state prohibits hazardous occupations for all minors under 18, including but not limited to operation of power-driven machinery, roofing work, window washing at heights, work in mines or quarries, and operation of motor vehicles. Massachusetts does not allow the federal youth subminimum wage; all youth workers must receive at least the Massachusetts state minimum wage, currently $15.00 per hour (as of 2024), indexed annually.

Massachusetts employers must file work permits with the Division of Occupational Safety, maintain records of youth workers' hours and wages, and post notices of youth employment regulations. Coverage includes all employers subject to Chapter 149, essentially all businesses operating in Massachusetts regardless of size. The Attorney General's Office enforces youth employment laws through investigation and civil action. Remedies include unpaid wages, liquidated damages, and penalties up to $600 per violation.

Massachusetts youth employment law contains limited exceptions. The primary restriction—no employment under age 14—has no carve-outs for family businesses, unlike federal law. Youth 14 and older employed by parents or guardians in family businesses must still obtain work permits and comply with hour and occupational restrictions unless the business is non-hazardous and the parent is the sole proprietor, though this exception is narrowly applied and school approval is still required.

Certain occupations are exempt from the work permit requirement for youth 16-17 if they are employed in clerical or sales positions in retail or office businesses, but they still must comply with maximum hour limits and cannot work in hazardous conditions. Work-study programs operated by schools may have modified compliance procedures, but the underlying hour and age restrictions apply. Youth employed in agriculture face different rules under federal law (FLSA) than non-agricultural youth, but Massachusetts state law applies to agricultural employers as well.

Athletes participating in school sports are not exempt from youth employment laws; if they work during school year, hours must not interfere with school attendance and must comply with maximum daily and weekly limits. Entertainment industry youth (child actors, musicians) may have modified hour restrictions under specific licensing, but Massachusetts does not have a comprehensive child performer exception comparable to California. Homeschooled youth must still obtain work permits through the school district of their residence. The work permit requirement is mandatory with no exceptions for advanced maturity or prior employment experience.

Step 1: Document violations thoroughly. Keep copies of the work permit or evidence that no permit was obtained, records of hours worked each day, wage payment records, photographs of hazardous conditions or prohibited equipment use, and written communications with the employer about working conditions. Retain all pay stubs, time records, and text messages or emails discussing work hours and tasks. Create a dated log noting specific dates, times, and hours worked, and any unsafe conditions witnessed.

Step 2: File an internal complaint if you feel safe doing so. Request a meeting with the employer, manager, or HR department and clearly state the violation (e.g., "I am working more than 8 hours on school days" or "I have not been provided a work permit"). Document the date, time, and response in writing via email. Note whether the employer acknowledges the violation or denies it. This step creates a record and may prompt correction, but is not legally required before filing externally.

Step 3: File a complaint with the Massachusetts Department of Labor, Division of Occupational Safety (wage and hour enforcement), or the Attorney General's Office. The wage and hour complaint form is available at mass.gov/lwd. Provide your name, contact information, employer name and address, dates of violations, specific violations (hours worked, permit status, hazardous tasks), and copies of supporting documents. Include the names and contact information of coworkers if possible. The deadline for filing is typically 6 years from the date of the violation (statute of limitations for wage violations), but file as soon as possible. For hazardous occupations or safety violations, you may also contact OSHA at 1-800-321-6742 or file online at osha.gov.

Step 4: Expect the investigation process to take 30-90 days. The Department of Labor will contact the employer, request records, and may conduct an inspection. You may be contacted for additional information. The agency will determine whether violations occurred and issue a citation if warranted. Employers may be required to pay back wages, penalties, and other damages. You will be notified of the outcome but may not receive detailed case information due to privacy rules.

Step 5: Consult an employment law attorney if the violation involves wage theft (unpaid wages exceeding $500), hazardous conditions causing injury, retaliation after complaint, or if the employer disputes the claim or fails to comply with an agency determination. An attorney can file a private civil action for unpaid wages, liquidated damages (equal to wages owed), attorney fees, and court costs. Many employment lawyers work on contingency for wage cases. Contact the Massachusetts Bar Association Lawyer Referral Service at (617) 542-3406 or visit www.massbar.org.