Child Labor Laws in Pennsylvania: Youth Employment Rules

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 212, establishes the federal minimum age of 14 for most employment and 16 for hazardous work. The FLSA prohibits oppressive child labor and requires that minors' work hours do not interfere with schooling, meals, or sleep.

Federal law sets a minimum wage that applies to all employees, including minors (currently $7.25 per hour), though states can set a higher minimum. The FLSA restricts hours for minors under 16 during school weeks and requires detailed record-keeping by employers. Minors under 16 cannot work in mining, manufacturing, or operating power-driven machinery; those under 18 cannot work in particularly hazardous occupations listed in 29 CFR Part 570.

The Department of Labor (DOL) enforces the FLSA through Wage and Hour Division investigators. Penalties for violations include back wages, liquidated damages, and civil penalties. The FLSA covers most private employers with at least one employee, making it nearly universal. Federal law does not prohibit all minors under 14 from employment—only certain hazardous work. States may impose stricter rules. The FLSA allows agricultural work and certain exemptions for family businesses and work-study programs.

Pennsylvania's Child Labor Law, 43 Pa.C.S. § 1501 et seq., is significantly stricter than federal FLSA requirements in several ways. Pennsylvania sets a minimum age of 14 for most employment, but completely prohibits minors under 14 from all work except agriculture and domestic service (cleaning, cooking, childcare in private homes). The federal FLSA allows 14-year-olds to work in many non-hazardous positions like retail and food service.

Pennsylvania requires work permits (issued by school districts) for all minors under 16 employed outside school hours. Employers must obtain and retain these permits before hiring anyone under 16. The FLSA has no work permit requirement. Pennsylvania law restricts daily and weekly hours more strictly than federal law: minors under 16 cannot work more than 3 hours on school days, 8 hours on non-school days, or 18 hours per week during the school year. They cannot work before 7 a.m. or after 7 p.m. on school days (9 p.m. on non-school days). Federal law allows up to 3 hours on school days and 8 hours on non-school days during the school week, but does not specify clock time restrictions.

Pennsylvania explicitly bans minors under 16 from operating or assisting in the operation of most power-driven machinery, including forklifts, power tools, and industrial equipment. Pennsylvania law covers all employers, regardless of size, applying uniformly across the state. The state's Department of Labor & Industry enforces child labor rules and conducts workplace inspections. Penalties include civil penalties up to $300 per violation and may include mandatory corrective action. Minors aged 16–17 have fewer restrictions but still cannot perform hazardous work or work unlimited hours. Pennsylvania does not allow broad agricultural or family business exemptions that federal law permits.

Minors under 14: prohibited from all employment except agriculture and domestic work.

Minors aged 14–15: maximum 3 hours per day during school days, maximum 8 hours on non-school days, maximum 18 hours per week during school year, maximum 40 hours per week during summer break.

Work curfew: minors under 16 cannot work before 7 a.m. or after 7 p.m. on school days; cannot work after 9 p.m. on non-school days.

Work permits: required for all minors under 16 before employment begins, issued by school district.

Minimum wage: Pennsylvania minimum wage is $7.25 per hour (federal rate; no state minimum wage differential for youth).

Minors aged 16–17: fewer restrictions but cannot perform hazardous work or work excessive hours that interfere with school.

Pennsylvania law contains limited exceptions to child labor restrictions. Agricultural work is broadly exempted for minors under 14 if performed on a farm with parental consent and outside school hours. Domestic service (housekeeping, cooking, childcare) in private homes is also permitted for minors under 14 under similar conditions.

Minors employed by their parents or guardians in a family business may be subject to reduced restrictions, though hazardous work is still prohibited. Work-study programs authorized by schools are not subject to the standard hour restrictions if they are part of an approved educational curriculum and do not interfere with schooling.

Enforcement is limited to employers who engage in commerce, meaning very small home-based businesses or private domestic employees outside of organized services may fall outside the scope of inspection by the Department of Labor & Industry. However, the work permit requirement still applies.

Minors aged 16–17 are not subject to the daily and weekly hour limits that apply to those under 16, though they still cannot work in hazardous occupations. The ban on power machinery applies strictly to minors under 16; minors 16 and older can operate some machinery if trained and supervised appropriately.

The law does not apply to self-employment or independent contractor arrangements, though these are rare for minors. Union apprenticeship programs with negotiated hour and duty restrictions may have carve-outs under collective bargaining agreements if approved by the Department of Labor & Industry. School-authorized work-study and vocational education programs are also exempt from standard restrictions if they meet specific approval criteria.

Step 1—Document the violation. Retain copies of your work schedule, timesheets, pay stubs, job description, and any communications about your duties. Take photographs of the equipment you were asked to operate or the conditions where you worked. Note the dates, times, and nature of any hazardous tasks. Keep emails or text messages from your employer directing you to perform prohibited work. Document any injuries that occurred. If possible, ask coworkers to corroborate the facts.

Step 2—Attempt an internal complaint. Speak directly with your supervisor, manager, or HR department and clearly state that the work violates Pennsylvania's Child Labor Law. Request in writing (email is acceptable) that the employer stop the violation. Keep copies of this communication. This creates a paper trail and gives the employer a chance to correct the problem voluntarily. Some employers will immediately remedy the situation once the law is explained. If the employer refuses or retaliates, proceed to step 3.

Step 3—File a complaint with the Pennsylvania Department of Labor & Industry. Visit the Bureau of Labor Law Compliance website at www.dli.pa.gov or call (717) 787-3756. You can file online or by mail. The complaint should include: your name, age, the employer's name and location, dates and times of violations, specific tasks that violated the law, the names of coworkers who witnessed the violations, and copies of documentation (timesheets, schedules, pay stubs, photographs). The Department will assign an investigator. You can also file a federal complaint with the U.S. Department of Labor's Wage and Hour Division at www.dol.gov/agencies/whd or call 1-866-4-USDOL (1-866-487-8365). Federal investigators can assess both FLSA and state law violations. There is no filing fee.

Step 4—Expect the investigation process. The Department of Labor & Industry investigator will contact the employer to request records of your employment, work hours, duties, and equipment use. The employer must provide timesheets, pay records, and documentation of work performed. The investigator may visit the workplace to inspect equipment, machinery, and working conditions. You may be interviewed about the details of your work. The investigation typically takes 30–90 days, depending on complexity. The employer may face civil penalties of up to $300 per violation, be required to correct hazardous conditions, and reimburse unpaid wages if hours exceeded legal limits. The investigator will issue a final report with findings.

Step 5—Consult an attorney if the employer retaliates or if violations resulted in injury. A workers' compensation attorney can help if you were injured on the job; a wage and hour attorney can help recover unpaid wages if the employer failed to pay for all hours worked or violated hour restrictions. An employment law attorney can also advise on retaliation claims if the employer fired, demoted, or reduced your hours after you complained. Many attorneys offer free initial consultations. Contact the Pennsylvania Bar Association's lawyer referral service at www.pabar.org or call (800) 692-7375. If you cannot afford an attorney, contact Community Legal Services at www.clsphila.org or the local legal aid office in your county.