Child Labor Laws in Michigan: Youth Employment Rules

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 and § 212, establishes the federal baseline for child labor. The FLSA prohibits oppressive child labor and requires that minors be paid at least the federal minimum wage. Federal law sets 14 as the minimum age for most employment (with exceptions for agriculture and newspaper delivery), and restricts hours for 14- and 15-year-olds: they cannot work more than 3 hours on a school day, 18 hours during a school week, 8 hours on a non-school day, or 40 hours in a non-school week. Additionally, they cannot work before 7 a.m. or after 7 p.m. (9 p.m. during summer months).

Workers under 18 are prohibited from engaging in hazardous occupations under 29 CFR Part 570, including mining, manufacturing with explosives, roofing, and operation of power machinery. The U.S. Department of Labor (DOL) Wage and Hour Division enforces the FLSA. Employers who violate FLSA child labor provisions face civil penalties and potential criminal prosecution for knowing violations.

Michigan's youth employment laws, codified in MCL 408.331 through 408.345, generally align with the FLSA but contain certain requirements that are equally or more protective. MCL 408.331 prohibits employment of children under 14 except in agriculture, newspaper delivery, and family-owned businesses where parents work. For 14- and 15-year-olds, MCL 408.333 restricts work hours to no more than 8 hours on a school day, 40 hours per week during school weeks, and no work during school hours. Unlike federal law, Michigan prohibits minors from working after 9 p.m. on nights before school days and after 10 p.m. on other nights.

Michigan's definition of hazardous occupations under MCL 408.335 and the administrative rules (Michigan Administrative Code R 408.8301 et seq.) prohibits minors under 18 from operating power machinery, working at heights exceeding 6 feet, working with toxic substances, or performing work in mines, quarries, or construction. These restrictions apply to all minors under 18, not just 14- and 15-year-olds. The state also requires employers to maintain records of youth employment including hours worked and job duties under MCL 408.337.

Covered employers include all employers operating in Michigan who employ minors. Unlike some federal exemptions that apply to small businesses, Michigan's child labor protections apply broadly. Remedies for violations include civil fines up to $500 per violation. The Michigan Department of Labor & Economic Opportunity (DLEO), Wage and Hour Division, enforces these provisions. Michigan law does not provide a private right of action for minors; enforcement is administrative only.

MCL 408.331 carves out several exemptions from Michigan's minimum age requirements. Agricultural employment on family farms is exempt; minors age 12 and older may perform agricultural work under parental supervision. Newspaper delivery is exempt for children as young as 11. Family business exemptions allow minors to work in businesses solely owned and operated by their parents, though even these minors cannot perform hazardous work.

Additionally, work-study programs and apprenticeships may be subject to different rules under state vocational education statutes. School-sponsored work-experience programs and cooperative educational arrangements may have modified hour restrictions if approved by the Michigan Department of Education and DLEO.

Michigan law contains no carve-out for independent contractors; minors performing contracted work must still comply with age, hour, and hazard restrictions. Union apprenticeships are subject to both state and federal child labor rules; the more restrictive rule applies. At-will employment doctrine does not override child labor protections; an employer cannot contract around the statutory limits. Certain hazardous work has no age exception—for example, no minor of any age may work in a mine or quarry in Michigan, and operations with power machinery are universally prohibited for minors under 16.

Step 1: Document the violation. Keep detailed records of the minor's name, age, and dates of birth; all hours worked including specific times; job duties and equipment operated; and any hazardous conditions observed. Take photographs of the work environment and machinery. Save copies of pay stubs, schedules, and any written instructions from the employer. If the minor is your child, retain school calendars to establish when school was in session.

Step 2: File an internal complaint if you are an employee. Notify the employer's HR department or manager in writing, describing the violation and requesting compliance with MCL 408.331-408.335. Include the date, time, and nature of the violation. Ask for written confirmation of corrective action. Keep a copy for your records. Note that this step is optional and does not waive your right to file with the state.

Step 3: File a complaint with the Michigan Department of Labor & Economic Opportunity (DLEO), Wage and Hour Division. Visit the DLEO website at www.michigan.gov/dleg or call 517-373-9600. You may also file a written complaint by mail to: DLEO Wage and Hour Division, P.O. Box 30015, Lansing, MI 48909. Provide the employer's name, address, the minor's name and age, detailed description of the violation, dates and times the violation occurred, and your contact information. The deadline to file is generally within 2 years of the violation; there is no express statute of limitations in MCL, but DLEO typically investigates recent complaints prioritized.

Step 4: Expect the investigation process. DLEO will typically contact the employer within 5-10 business days to request employment records, payroll documentation, and work schedules. The agency may conduct an onsite inspection of the workplace, interview the minor and witnesses, and review machinery and hazardous conditions. The investigation usually concludes within 30-60 days. You will not receive a copy of the investigation report unless you request it; DLEO enforcement is administrative and confidential. If a violation is found, DLEO issues a notice of violation and citation with a fine of up to $500 per violation. The employer has 15 days to request a hearing before the Michigan Administrative Law Judge.

Step 5: Consult an attorney if the violation resulted in injury, if the employer retaliates, or if you wish to pursue civil remedies. Michigan does not provide a private right of action for child labor violations directly, but if the minor was injured due to hazardous work, you may pursue a workers' compensation claim or negligence lawsuit. Contact a Michigan employment attorney or workers' compensation attorney. Note that retaliation against a person who reports a child labor violation may violate MCL 408.345 (whistleblower protection) and could support an additional claim.