Work Permit Requirements for Minors in Pennsylvania

Federal child labor law, the Fair Labor Standards Act (FLSA), 29 U.S.C. § 212, establishes a federal baseline for minor employment protections that applies across all states. The federal law prohibits employment of minors under age 14 in non-agricultural work, with limited exceptions for newspaper delivery and family-owned businesses. Minors aged 14 and 15 may work in permitted occupations but are restricted to 3 hours per school day, 18 hours per school week during the school year, and 8 hours per non-school day with a 40-hour weekly maximum. The Department of Labor enforces the FLSA and investigates violations.

Federal law also sets a comprehensive list of hazardous occupations prohibited for minors under 18, including operation of power-driven machinery, work in mines and quarries, excavation, roofing, logging, and manufacturing of explosives or radioactive materials. Remedies for FLSA violations include back wages, liquidated damages equal to unpaid wages, and civil penalties. States may impose stricter protections than federal law, which Pennsylvania does in several respects.

Pennsylvania's Child Labor Law, 43 P.S. § 153, requires that minors enrolled in a school district must obtain a work permit before employment, making Pennsylvania more protective than federal law in this regard. The state defines "school" to include public schools, charter schools, and private schools offering instruction equivalent to public school standards. Permits are issued by the superintendent or designee of the school district where the minor attends and must be signed by the minor, parent or guardian, principal, and employer before work begins.

Pennsylvania's law applies to minors under 18 years of age who are school-enrolled. Non-student minors and homeschooled minors age 16 and older are exempt from the work permit requirement, though all minors remain subject to federal child labor restrictions. The state law specifically prohibits employment of minors under 14 except in agriculture, domestic service, and newspaper delivery—aligning with but not exceeding federal baseline restrictions for non-hazardous work.

Employers in Pennsylvania have affirmative obligations: they must request the work permit before hire, must not employ a minor without a valid permit on file, and must retain the permit for inspection by the Pennsylvania Department of Labor & Industry. The state statute at 43 P.S. § 156 prohibits employment of minors in hazardous occupations, incorporating the federal hazardous occupations list and adding state-specific restrictions such as work in certain manufacturing processes and commercial kitchens for minors under 16.

Pennsylvania's remedies for violations include civil penalties assessed by the Department of Labor & Industry, mandatory correction of violations, and potential injunctions against further violations. Unlike some federal FLSA claims, Pennsylvania's child labor violations do not create a private right of action for minors, meaning enforcement is administrative rather than through direct lawsuits by affected minors.

Pennsylvania's work permit requirement does not apply to minors who are not enrolled in a school district at the time of employment. Homeschooled minors age 16 and older are exempt from the permit requirement, though they remain subject to all other child labor restrictions including hours limits and hazardous occupation prohibitions. Minors enrolled in schools but who have reached age 18 are no longer subject to the work permit requirement or hours restrictions, though federal law may still apply if they are recent high school graduates.

Work performed by minors in family-owned and operated businesses is exempt from the federal minimum age requirement and some hours restrictions under FLSA § 213, but Pennsylvania's work permit requirement still applies to enrolled school minors in family businesses. Agricultural work performed by minors age 12 and older who have parental permission may be exempt from federal hours restrictions but not from Pennsylvania's work permit requirement if the minor is school-enrolled.

Certain types of employment are categorically exempt from federal child labor protections and may affect permit requirements: newspaper delivery (minors age 10+), work as an actor or performer in motion pictures or theatrical productions, and certain work on farms owned or operated by parents. However, Pennsylvania has not created statutory exemptions beyond federal law for school-enrolled minors; even exempt federal categories still require Pennsylvania work permits if the minor attends school.

Employers acting in good faith without knowledge that a minor is school-enrolled may not be liable for lack of a permit if the minor misrepresented enrollment status, but the employer retains responsibility to verify enrollment before hire. School districts have no obligation to issue a permit if the minor's enrollment cannot be verified or if employment would violate mandatory school attendance law.

**Step 1: Document the violation and gather evidence.** Maintain records of the minor's employment start date, job duties, hours worked, and wage information in writing or electronically. Keep any communications (texts, emails, offer letters) that indicate the employer knew or should have known the minor was school-enrolled. Document the school district name and minor's enrollment status by checking school records or requesting a letter from the school. Preserve payroll records, timesheets, and any statements from coworkers about the minor's work schedule.

**Step 2: Attempt internal remediation if appropriate.** If the violation involves a failure to obtain or properly maintain a work permit, inform the employer in writing of the requirement and request immediate correction. Ask for a written acknowledgment that a permit will be obtained or is being obtained. Request the minor be placed on a compliant work schedule if hours violations also exist. Document the employer's response in writing. In cases of obvious bad faith or hazardous occupation violations, skip internal remediation and proceed directly to Step 3.

**Step 3: File a complaint with the Pennsylvania Department of Labor & Industry.** Contact the Bureau of Labor Law Compliance by visiting www.dli.pa.gov or calling 717-787-3756 (Labor Law Compliance hotline). Submit a written complaint describing the violation, including the minor's name and age, employer name and location, dates of employment, and details of the permit violation. Include documentation of hours worked if applicable. The Department will assign an investigator and will contact the employer. You do not need to provide your name on the complaint, though doing so may allow the investigator to follow up with questions.

**Step 4: Cooperate with the Department's investigation.** The assigned investigator will contact the employer to review employment records, inspect the work site, and interview the minor if permitted. The investigation typically takes 30 to 60 days. You may be contacted to provide additional evidence or clarification. The investigator will determine whether a violation occurred and issue findings. If a violation is confirmed, the Department issues a citation and penalty notice to the employer. You will receive notification of the outcome.

**Step 5: Determine whether to seek legal counsel.** Consult an employment attorney if the violation involves wage theft (unpaid hours or sub-minimum pay), serious injury, or hazardous occupation exposure. An attorney can advise whether state wage claims or federal FLSA claims are available and help document damages. If the minor suffered injury, consult a personal injury or workers' compensation attorney. Most initial consultations are free or low-cost.