Work Permit Requirements for Minors in Ohio

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 et seq., establishes federal child labor protections applicable nationwide, including Ohio. Under the FLSA, minors aged 14–15 are permitted to work in non-hazardous occupations during specified hours, while minors under 14 are generally prohibited from employment except in agriculture or family businesses. The FLSA requires employers to keep records of employee ages and, where applicable, work permits. The U.S. Department of Labor (DOL) enforces these provisions.

Federal law permits minors aged 14–15 to work a maximum of 3 hours on school days, 8 hours on non-school days, and 18 hours per week during school weeks. During non-school weeks, they may work up to 40 hours. Minors aged 16–17 face no federal hour restrictions but may not work in hazardous occupations. The federal baseline does not require states to issue work permits; that is a state-specific requirement. Federal remedies include cease-and-desist orders, back wages, and civil penalties enforced by the DOL Wage and Hour Division.

Ohio law, codified in Ohio Revised Code § 4109.02 et seq., imposes stricter child labor protections than federal law in some respects. Ohio requires minors aged 14–15 to obtain a work permit before any employment begins, a requirement that goes beyond the federal baseline, which does not mandate state-issued permits.

Under Ohio Revised Code § 4109.02, only minors aged 14–15 require a work permit. The work permit must be obtained from the Ohio Department of Commerce, Division of Industrial Compliance, before the minor begins work. Minors aged 16–17 are not required to hold a work permit but remain subject to Ohio hour restrictions. Minors under age 14 are prohibited from employment in Ohio except in agricultural work, newspaper delivery, or work in a family business, mirroring federal restrictions.

Ohio's hour restrictions for minors aged 14–15 are: no more than 3 hours on school days, no more than 8 hours on non-school days, no more than 18 hours in a school week, and no more than 40 hours in a non-school week. Work cannot occur before 7 a.m. or after 9 p.m., except during non-school periods when work may extend to 10 p.m. These restrictions are more restrictive than the federal baseline in some circumstances.

Minors aged 16–17 may work unlimited hours under Ohio law, though federal hazardous occupation rules still apply. All employers in Ohio, regardless of size, must comply with these requirements. The state law applies to all minors working in Ohio, whether the employer is a small business or large corporation. Remedies include civil penalties of up to $10,000 per violation, cease-and-desist orders, and potential criminal penalties for repeat violations. The Ohio Department of Commerce enforces these provisions.

Several important exceptions apply to Ohio's minor work permit requirement. First, minors under age 14 are exempt from the work permit requirement for agricultural work, newspaper delivery to consumers, and employment in a business solely owned and operated by their parent or guardian. These exceptions reflect both Ohio and federal child labor policy recognizing family farm and newspaper work as beneficial experiences.

Second, minors aged 16–17 are exempt from the work permit requirement entirely under Ohio law, though they remain subject to federal hazardous occupation restrictions and some hour limitations may apply under FLSA if the employer is covered by federal law. Third, work-study programs authorized by schools and employers may have different hour requirements under Ohio Administrative Code § 4109-1-02, though work permits are still required unless the minor falls into an exempted category.

Fourth, emancipated minors or minors with special court orders may be subject to different rules. An employer's good-faith reliance on a fraudulent or altered work permit can serve as a defence to certain penalties, though the employer remains liable for violations if the work permit is not actually obtained. Additionally, minors employed in hazardous occupations (such as mining, certain manufacturing, or roofing) are prohibited regardless of permit status under both Ohio and federal law, and this prohibition cannot be waived. Private employers have no obligation to hire minors, and many choose not to employ workers under 16 due to administrative burden.

Step 1: Document the Problem. If you are a minor or parent witnessing a violation, gather evidence that work began without a valid permit. Request the employer produce the work permit. Take notes on the minor's start date, hours worked, and any communications about employment. Request pay stubs, schedules, and any documents referencing the job. Keep a personal log of dates, hours, and tasks performed. Photograph any posted job notices or contracts. If you suspect hour violations, document the actual hours worked by taking photographs of time clocks or keeping personal records.

Step 2: Attempt Internal Resolution. Contact the employer's human resources or management in writing (email or certified mail) requesting proof of the work permit or asking why one was not obtained. Request a written response within 5 business days. Document the employer's response or lack thereof. This creates a paper trail and may resolve the issue if the employer simply overlooked the requirement. If the employer refuses or cannot produce the permit, escalate to the next step.

Step 3: File a Complaint with the Ohio Department of Commerce. Visit the Ohio Department of Commerce website (www.com.ohio.gov) and navigate to the Division of Industrial Compliance. File a complaint online or by mail with the following information: the minor's name and age, the employer's name and address, the date employment began, the specific violation (missing permit, excessive hours, improper work times), and any documentation of the violation. Include copies of time records, pay stubs, and emails if available. The agency will assign an investigation number and provide contact information. You may also file by phone at (614) 644-2223 during business hours.

Step 4: Investigation Process. The Ohio Department of Commerce will assign an investigator within 5–10 business days. The investigator will contact the employer and request production of the work permit and employment records. If the minor is still employed, the investigator may interview the minor and observe working conditions. The employer has the right to respond to allegations. The investigation typically takes 15–30 days. During this time, the minor may continue working, though the investigator may order immediate cessation if conditions are hazardous. The investigator will issue a written determination of whether a violation occurred, which becomes public record.

Step 5: Remedies and Next Steps. If the investigator confirms a violation, the Ohio Department of Commerce may issue a civil penalty (up to $10,000 per violation) and a cease-and-desist order requiring the employer to stop the prohibited conduct. The minor may file a civil lawsuit against the employer for damages, including unpaid wages, emotional distress, and attorney's fees. Consult a labor attorney (wage-and-hour specialist) if damages are substantial or if the employer retaliates. You may also file a complaint with the U.S. Department of Labor Wage and Hour Division (www.dol.gov/agencies/whd) if federal FLSA violations occurred concurrently. An attorney can pursue claims for unpaid wages due to hour violations, which may extend back several years under Ohio's statute of limitations (typically 4–6 years for wage claims).