Work Permit Requirements for Minors in South Carolina

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 203(l) and § 212, sets nationwide child labor standards that apply in South Carolina. Federal law prohibits minors under age 14 from working in most non-agricultural occupations, with limited exceptions for approved manufacturing and mining roles in specific circumstances.

Minors aged 14 and 15 may work in permitted occupations but are restricted to 3 hours of work on school days, 8 hours on non-school days, and 18 hours per week during the school week. During non-school weeks, they may work up to 40 hours. Work hours cannot begin before 7 a.m. or end after 7 p.m. (9 p.m. during summer months).

All employers covered by the FLSA, which includes most private employers with $500,000+ in annual revenue or those engaged in interstate commerce, must maintain records documenting each minor employee's birth date, hours worked, and rate of pay. These records must be kept for at least three years. The U.S. Department of Labor (DOL) Wage and Hour Division enforces federal child labor laws. Violations can result in civil penalties up to $10,000 per violation, injunctions, and potential criminal liability for willful violations.

Federal law does not require states to issue work permits, though states may choose to do so. South Carolina has elected not to mandate a state work permit system, relying instead on employer compliance with federal record-keeping and hour restrictions.

South Carolina does not impose a mandatory state work permit requirement for minors seeking employment. South Carolina Code § 40-1-10 et seq. addresses child labor protections, but the state defers largely to federal Fair Labor Standards Act standards rather than establishing a separate state permitting system.

Under South Carolina law, employers are required to ensure compliance with federal child labor rules. While South Carolina does not strengthen or weaken the federal baseline through a separate permit process, the state does enforce federal standards through the South Carolina Department of Labor, Licensing and Regulation (SCLLR). The absence of a state permit does not exempt employers from federal obligations; employers must still maintain records of minor employees' ages and hours worked, and must observe federal hour restrictions for minors aged 14 and 15.

South Carolina's approach means coverage is identical to federal law: employers subject to the FLSA must comply with age and hour rules for all minor employees. Minors under 14 are generally prohibited from working except in agriculture, newspaper delivery, entertainment, and certain family business contexts. Minors aged 14 and 15 face the same federal hour limits in South Carolina as they do nationally.

The state does not create unique categories of protected youth or occupational restrictions beyond federal law. Remedies available to minors or their families follow federal channels: complaints may be filed with the DOL Wage and Hour Division or, in some cases, through private litigation under the FLSA. South Carolina employers may also face civil penalties assessed by the DOL for violations of child labor provisions.

Federal child labor law contains several exceptions that apply in South Carolina. Minors under 14 may work in agricultural occupations if the work is done outside school hours and complies with state agricultural labor rules. Minors under 14 may also deliver newspapers, work in theatrical or film productions, and work for a family business in which the parent or guardian has an ownership interest—though restrictions on hazardous occupations still apply.

Minors aged 16 and 17 face no federal hour restrictions and may work in most occupations except those designated as hazardous (such as mining, logging, operation of heavy machinery, and work with explosives). This means 16- and 17-year-olds in South Carolina may work unlimited hours if the occupation is non-hazardous.

Employers in South Carolina may assert the defense that they relied in good faith on a minor's representation of age if the minor provided a false birth date, provided the employer kept no other records suggesting the minor's true age. However, this defense does not eliminate liability for violations; it may only reduce penalties. Additionally, employers may assert that they were unaware of violations if they followed a reasonable hiring and record-keeping practice, though continued violations can trigger willful-violation penalties despite this.

The exemption for family-owned businesses is narrow: the minor must be a child of the owner or guardian, and must work only in non-hazardous occupations. Agricultural work by minors is exempt from hour restrictions if performed on a farm owned or operated by the parent or guardian. Construction work by minors is subject to additional federal hazard restrictions, limiting permissible roles regardless of age. Work-study and vocational education programs may have different hour rules under federal regulations, allowing some flexibility when approved by the U.S. Department of Education.

Step 1 — Document the violation. If you are a minor (or parent/guardian) who believes an employer violated child labor laws, keep detailed records of dates worked, hours logged, job duties performed, and wage payments received. Take photographs of the work environment if possible, and note any hazardous conditions observed. Save any written communications (texts, emails, schedules) that show hours worked. If the minor was under 14 or worked prohibited hours, this evidence is critical.

Step 2 — Attempt internal resolution (optional but recommended). Contact the employer's HR department or supervisor in writing (email is acceptable) to document the concern. State specifically: "I am a [age]-year-old employee and worked [specific dates/hours], which violates federal Fair Labor Standards Act requirements." Request a written response. This creates a paper trail and may prompt voluntary correction. Keep copies of all correspondence.

Step 3 — File a complaint with the U.S. Department of Labor Wage and Hour Division. Since South Carolina has no state work permit or child labor agency, complaints must be filed federally. Contact the Wage and Hour Division at 1-866-4-US-WAGE (1-866-487-9243) or visit https://www.dol.gov/agencies/whd/contact. You may file a complaint online, by phone, or by mail. Include the employer's name, address, the minor's age at time of work, dates worked, hours per day/week, job title, and specific violations (e.g., "worked 5 hours on a school day" or "worked past 7 p.m."). The DOL does not require you to file a formal written complaint; a phone call to the nearest Wage and Hour office is sufficient to initiate an investigation. There is no filing deadline; complaints may be filed at any time.

Step 4 — DOL investigation process. After filing a complaint, a Wage and Hour investigator will contact the employer. The investigator will request payroll records, time sheets, and records of all minor employees' ages and hours worked. The employer is required by law to produce these records. The investigation typically takes 30–90 days, though complex cases may extend longer. The investigator may interview the minor employee and other witnesses. If violations are found, the DOL will notify the employer and may demand back wages (calculated at the higher of minimum wage or the minor's actual wage rate, plus overtime if applicable). The employer may face civil penalties up to $10,000 per violation. You will be notified of the investigation outcome, though the DOL does not guarantee specific remedies in individual cases.

Step 5 — Consult an employment attorney if initial DOL action is insufficient. Contact a civil rights or employment lawyer licensed in South Carolina if the employer fails to comply with DOL findings, if back wages are not paid, or if retaliation occurs following the complaint. An attorney can file a private lawsuit under the FLSA on behalf of the minor, seeking back wages (with an equal amount in liquidated damages), attorney fees, and injunctive relief. The Fair Labor Standards Act has a two-year statute of limitations for regular violations and three years for willful violations. Look for attorneys who specialize in wage-and-hour or child labor law; many offer free initial consultations.