Child Labor Laws in New Jersey: Youth Employment Rules

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 203 and § 212, establishes federal child labor protections for all covered employers nationwide. The FLSA prohibits employment of children under 14 in most non-agricultural work, restricts hours for 14–15-year-olds to 3 hours on school days and 18 hours per week during the school year, and bans minors under 16 from hazardous occupations including mining, manufacturing, and operation of power-driven machinery. Youth aged 16–17 face fewer restrictions but remain barred from certain dangerous jobs like roofing, excavation, and use of power saws.

The FLSA applies to employers with at least $500,000 in annual sales or engaged in interstate commerce, and covers both for-profit and non-profit entities. The U.S. Department of Labor (DOL) Wage and Hour Division enforces the FLSA and investigates violations. Remedies include back wages, liquidated damages equal to unpaid wages, and civil penalties up to $10,000 per violation. Willful violations can result in criminal prosecution with fines up to $10,000 and imprisonment up to six months.

New Jersey law is significantly more protective than federal law, with stricter hour restrictions, lower minimum age thresholds for certain work, and a comprehensive work-permit system. New Jersey Statutes Annotated § 34:2-21 et seq. and the implementing regulations in New Jersey Administrative Code § 12:60-1 create the framework.

Under New Jersey law, no child under 14 may be employed except in light work approved by the state Department of Labor and Workforce Development, including newspaper delivery, babysitting, caddy work, domestic service, and agricultural work on family farms. Fourteen- and fifteen-year-olds face stricter hour limits than the FLSA: they cannot work more than 8 hours on school days, 40 hours per week during the school year, or between 10 p.m. and 6 a.m. (or 7 a.m. on school days). Sixteen- and seventeen-year-olds can work up to 10 hours on non-school days and 40 hours per week during the school year, but cannot work between 11 p.m. and 6 a.m. (or 7 a.m. on school days).

New Jersey also bans a broader list of hazardous occupations than the FLSA, including not only manufacturing and mining but also roofing, excavation, operation of power-driven machinery, work in commercial kitchens, and any work in establishments serving alcohol. The state requires an employment certificate (work permit) for all minors under 18 before employment begins, obtained through the minor's school or the Department of Labor; the FLSA has no comparable permit requirement. New Jersey applies these rules to all employers, regardless of size or revenue threshold, making the law broader in coverage than the FLSA. Remedies under New Jersey law include back wages, civil penalties of $100–$1,000 per violation, and potential criminal penalties. An employer's good-faith mistake does not excuse violation.

New Jersey law carves out several important exceptions to child labor protections. Minors under 14 may perform light work including newspaper delivery, babysitting, caddy work, domestic service in private homes, farm work on family farms, and work in family businesses where the minor's parent or guardian is the owner. These exceptions do not apply to hazardous work or to establishments with safety risks.

Agricultural work is substantially exempt from hour and hazard restrictions when performed on family farms by the farm owner's child, though federal FLSA hazard standards still apply. Newspaper delivery by minors under 14 is permitted outside school hours, even if it occurs in the early morning or evening, provided the work does not interfere with school attendance or health.

Employment in theatrical productions, motion pictures, and professional sports is treated separately; minors in entertainment work must comply with specific state permits and school-attendance rules but face different hour limitations than general employment. Babysitting and domestic service are exempt from work-hour restrictions as long as the minor does not work excessively. Minors in apprenticeship programs registered with the state may work longer hours in non-hazardous occupations if the program has received approval.

At-will employment does not override child labor protections; an employer cannot require a minor to waive compliance. However, school attendance is the overriding obligation; if work interferes with school, the minor must reduce work hours or cease employment. Minors voluntarily leaving employment are not entitled to special severance, but employers must pay all earned wages promptly.

Step 1: Document all violations carefully. Keep records of the minor's age (hire date, birth date from I-9 or application), actual hours worked (timesheets, schedules, contemporaneous notes), job duties and hazards present, absence of a work permit or employment certificate, and work times (clock-in/out records or witness testimony). Photograph the workplace if it shows hazardous conditions. Preserve text messages, emails, or notes from management about scheduling. Take screenshots of online schedules or timekeeping systems. Write down the names, ages, and job titles of other minors employed under the same conditions.

Step 2: Report to the employer's HR or management in writing (email preferred for documentation). State the specific violation (e.g., "[Minor's name] worked 10 hours on a school day, exceeding the 8-hour limit") and cite the relevant law (New Jersey Statutes Annotated § 34:2-21 or NJAC § 12:60-1). Request correction and written acknowledgment within 5 business days. Keep a copy of your email and any response. This internal step is not always required but creates evidence of the employer's notice and can support later claims of willful violation or retaliation.

Step 3: File a complaint with the New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance. Visit nj.gov/labor or call (609) 292-2305 (Monday–Friday, 8:30 a.m.–4:30 p.m. EST). You can file online at the Wage and Hour Complaint Portal or submit a written complaint by mail to the Department of Labor, Division of Wage and Hour Compliance, PO Box 110, Trenton, NJ 08625-0110. Include the employer's name and address, the minor's age, specific violations with dates and times, and your contact information. The deadline to file is typically three years from the violation (or six years if the violation is willful). If the minor is under 18 and still employed, file immediately; there is no deadline penalty for prompt reporting.

Step 4: Expect an investigation by the Department of Labor. An investigator will contact you and the employer, request payroll records, schedules, and work-permit documentation, and may inspect the workplace. The investigation typically takes 30–90 days. During this time, cooperate fully, provide all documentation, and be available for interviews. The Department will issue findings and, if violations are confirmed, may issue a Notice of Violation and assess penalties. The employer has a right to appeal. You will receive a copy of the Department's determination.

Step 5: Consult an employment attorney if violations are serious, ongoing, or involve retaliation (e.g., the employer fires the minor after a complaint). A New Jersey employment law attorney can assess whether civil litigation is warranted, whether wage-and-hour claims can proceed as a class action (if multiple minors are affected), and whether additional state or federal claims apply. The attorney can also advise on retaliation protections under New Jersey Conscientious Employee Protection Act (CEPA) if you filed a report and faced adverse action. Many attorneys offer free consultations and work on contingency for child labor cases.