Work Permit Requirements for Minors in Michigan

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes federal child labor protections that apply nationwide, including in Michigan. The FLSA prohibits oppressive child labor, defined as employment of children in a manner that interferes with their schooling, health, or well-being. Federal law sets minimum age requirements: children under 14 generally cannot work in non-agricultural jobs (with limited exceptions for family businesses and newspaper delivery); children 14-15 can work in certain permitted occupations outside school hours; and children 16 and older can work in any job not deemed hazardous.

The FLSA covers all employers engaged in interstate commerce or with annual revenue exceeding $500,000. The U.S. Department of Labor (DOL) Wage and Hour Division enforces federal child labor standards and investigates violations. Federal remedies include back wages, liquidated damages, civil penalties up to $10,000 per violation, and injunctive relief. Employers who violate child labor provisions may face criminal penalties including fines and imprisonment in egregious cases.

Michigan Compiled Law § 409.201 et seq. establishes the state's minor work permit (employment certificate) system, which operates alongside federal protections. Michigan law is generally consistent with federal standards but includes additional state-specific procedural requirements and documentation.

Under Michigan law, minors under 16 must obtain an employment certificate before working in most occupations. The certificate serves as proof that the minor meets age requirements and that the proposed work complies with state and federal child labor laws. Parents or guardians apply for the certificate at the local school district where the minor attends or is entitled to attend school, or through the Michigan Department of Labor. The application requires proof of age (birth certificate or passport), school enrollment status, and parent/guardian consent.

Michigan law exempts certain categories from the work permit requirement: minors working in agricultural employment (including farms and farm-related operations); minors employed in a family business where the minor is a child of the owner; minors engaged in newspaper delivery; and minors employed as babysitters or in domestic service within a private household. These exemptions align with federal child labor law but are codified in state statute.

Michigan Compiled Law § 409.211 restricts working hours for minors aged 14-15: during school months (September through May), such minors may work no more than three hours on school days, eighteen hours per school week, and eight hours on non-school days. During summer and school breaks, minors aged 14-15 may work up to forty hours per week and eight hours per day. No minor aged 14-15 may work before 7 a.m. or after 9 p.m., with limited exceptions for evening work during summer (until 10 p.m.). Minors under 14 are generally prohibited from working, except in family businesses and certain agricultural contexts.

Michigan's state remedies for child labor violations include administrative orders requiring compliance, penalties imposed by the Department of Labor, and private causes of action for wage and hour violations. Employees may pursue claims under state wage law for unpaid compensation, and damages may include penalties and attorney fees.

Michigan exempts several categories of minor employment from the work permit requirement under MCL § 409.203. Agricultural employment, including work on farms and in farm-related operations, is exempt. Work in a family business where the minor is the child of the business owner is exempt. Newspaper delivery, babysitting, and domestic service performed in a private household are also exempt from the requirement to obtain an employment certificate.

However, even exempt employment must comply with Michigan's hour restrictions and the FLSA's hazardous occupation prohibitions. A minor in a family farm may work longer hours than a minor in non-agricultural work, but cannot be required to perform hazardous duties such as operation of certain machinery or exposure to pesticides.

The work permit requirement does not apply to minors employed as interns or in work-study programs at schools, provided the work is part of an educational curriculum and supervised by the school. Self-employment (such as babysitting, lawn care, or freelance work) does not require a permit, but if the minor is employed by another person or business, the permit requirement applies.

Minors aged 16 and older are not required to obtain an employment certificate and face fewer hour restrictions, though hazardous occupation restrictions still apply. An important exception to Michigan's general framework: federal law preempts state law if the federal standard is more protective. For example, if the FLSA prohibits a particular occupation for minors but Michigan does not explicitly restrict it, the FLSA prohibition governs.

Step 1: Document the violation. Keep detailed records including the minor's name, date of birth, job title, work schedule, and wages paid. Document any hours worked in violation of Michigan law (e.g., work before 7 a.m., after 9 p.m., or exceeding hourly limits). If you are the parent or guardian, request the minor's work schedule and pay stubs from the employer. Photograph any workplace conditions that appear unsafe for a minor (machinery, hazardous materials, extreme temperatures). Write down dates, times, and specific violations observed.

Step 2: Attempt internal complaint process. Contact the employer's human resources or management to report the violation. Clearly state which child labor laws are being violated and provide evidence. Document your complaint in writing (email is acceptable) and request written acknowledgment. Many employers will remedy violations voluntarily once informed. Keep copies of all communications.

Step 3: File a complaint with Michigan Department of Labor. Visit www.michigan.gov/leo or call 517-373-1820 (Wage and Hour Division). You may file online, by mail, or in person. Provide the employer's name, address, and phone number; the minor's name, age, and job title; specific dates and times of violations; and description of conditions violating child labor law. Include documentation from Step 1. The deadline to file is generally not restricted by statute, but filing promptly preserves evidence and enables faster investigation.

Step 4: Expect the investigation process. The Michigan Department of Labor will contact the employer for a response and may conduct a workplace inspection. The process typically takes 30-60 days. You may be interviewed about the violation. The Department will determine whether a violation occurred and may issue a compliance order requiring the employer to change practices and pay penalties. If wages were not paid as required, the Department may require back pay.

Step 5: Consider legal counsel. Contact a Michigan employment attorney if: (1) the employer retaliates against the minor (disciplinary action, termination, or reduced hours after the complaint), (2) the Department's response is inadequate, or (3) significant back wages or damages are owed. An employment law attorney can file a private lawsuit under Michigan wage law (MCL § 408.475) and can pursue punitive damages for retaliation. Legal aid organizations may assist families with financial hardship.