Work Permit Requirements for Minors in Tennessee

The Fair Labor Standards Act (FLSA), 29 U.S.C. section 203, establishes federal baseline protections for minors. Federal law prohibits employment of children under 14 in non-agricultural work, with narrow exceptions for newspaper delivery, entertainment, and work in a parent's business. Minors 14 and 15 are restricted to non-hazardous occupations and limited hours: maximum 3 hours on school days, 18 hours per school week, 8 hours on non-school days, and 40 hours per non-school week. Minors 16 and 17 may work any non-hazardous job without hour restrictions.

The FLSA prohibits employment of minors in hazardous occupations including mining, manufacturing, operation of power-driven machinery, roofing, excavation, and meat processing. Enforcement is conducted by the U.S. Department of Labor Wage and Hour Division. Federal law does not explicitly require work permits; instead, it relies on employer compliance through payroll records and age verification. However, state law often implements work permit systems to verify compliance and document age eligibility before hiring.

Tennessee law is aligned with and incorporates federal FLSA standards but adds a mandatory work permit system to strengthen enforcement and verification. Tennessee Code Annotated section 50-5-102 prohibits employment of minors under 14 except in agriculture, newspaper delivery, entertainment, or work in a parent's business. Minors aged 14 and 15 must obtain a work permit issued by their county school system before beginning employment; this requirement does not apply to minors 16 and older, though hour and hazard restrictions remain in force.

Under Tennessee Code Annotated section 50-5-103, work permits are issued at no cost by the county director of schools and are valid during the school year and summer periods. The employer must verify that the minor has a valid work permit and must keep it on file. Permits serve as proof that the minor meets minimum age requirements and has been assessed for school attendance compliance.

Tennessee Code Annotated section 50-5-104 restricts work hours for minors 14 and 15: no more than 3 hours per school day, 18 hours per school week, 8 hours per non-school day, and 40 hours per non-school week. These hour limits are identical to federal FLSA standards but are explicitly codified in state statute. Tennessee also prohibits minors from working in occupations designated as hazardous by the U.S. Department of Labor, enforced through the work permit system and school district oversight.

Tennessee Code Annotated section 50-5-105 requires employers to maintain records of minors' work permits and hours worked. The state law does not preempt federal standards; rather, it operates in tandem with the FLSA to create dual compliance obligations. Violations may result in state penalties and federal FLSA penalties. Tennessee's work permit system is stronger than federal law because it requires affirmative verification and documentation before hiring, whereas federal law relies on employer self-compliance.

Minors under 14 may work in agriculture, newspaper delivery, entertainment (theater, film, television), or a business wholly owned by a parent or guardian without a work permit, though employment must still comply with hour and safety restrictions. Minors employed in agriculture are exempt from some hour restrictions under federal and state law.

Children who are home schooled may be exempt from certain school attendance-related eligibility checks, but they still require work permits if aged 14 or 15. Work permits may be denied or revoked if the minor is habitually truant from school; the school district has authority to suspend or revoke permits for school attendance violations.

Employers in specified hazardous occupations may not employ any minor under 18, regardless of permit status. These include mining, explosives handling, logging, roofing, excavation, operation of power-driven saws and metal-working machines, and certain agricultural operations. The U.S. Department of Labor maintains the official hazardous occupations list, and Tennessee enforces it through the work permit system and school district oversight.

Unions or apprenticeship programs may have additional restrictions or alternative age verification procedures, but work permits remain the baseline requirement. Temporary employment agencies that place minors must verify that clients comply with work permit requirements and hour limitations. Parents or guardians have no authority to waive work permit requirements or hour restrictions.

**Step 1: Document Everything.** Keep detailed records of the incident or violation, including dates, times, the minor's name and age, work hours logged, job duties, any hazardous conditions observed, and relevant communications with the employer or HR. Take photographs of hazardous work conditions if safe to do so. Retain pay stubs, work schedules, text messages, and emails. Create a timeline of events. Store records in a safe location, ideally with a copy kept outside the workplace.

**Step 2: File an Internal Complaint.** If the employer has an HR department or compliance officer, submit a written complaint detailing the permit violation, hour violations, hazardous work assignment, or other non-compliance. Request a written response and documentation of corrective action. This creates an internal paper trail and may prompt immediate correction. If no HR exists, submit the complaint in writing to the owner or manager. Keep a copy for your records. Internal complaints are not required but strengthen later claims and demonstrate good faith effort to resolve the issue.

**Step 3: File a Complaint with the Appropriate Agency.** For work permit violations or hour restrictions: contact the Tennessee Department of Labor and Workforce Development, Wage and Hour Compliance unit, at 615-741-6642 or visit https://www.tn.gov/labor-workforce. File online or by mail at Tennessee Department of Labor and Workforce Development, 220 French Landing Drive, Nashville, TN 37243. Include the minor's name, age, work permit status, employer name and address, specific violations, and dates. Deadline: complaints can generally be filed within two years of the violation (three years for willful violations under state law).

For federal FLSA violations (which often overlap): contact the U.S. Department of Labor Wage and Hour Division at 1-866-4USWAGE or visit https://www.dol.gov/agencies/whd/contact-us to locate the Tennessee office. Federal deadline: three years for willful violations, two years for non-willful violations.

For occupational safety violations (hazardous work): file with the Tennessee Occupational Safety and Health Administration (TOSHA) at 615-741-2793 or https://www.tn.gov/labor-workforce/general-workforce-dev-board/occupational-safety-and-health.html. Deadline: 30 days from the hazard exposure or knowledge of the violation.

**Step 4: Expect the Investigation Process.** The agency will notify the employer of the complaint within 5–10 business days. Investigators may contact the minor and family, request employment records, work schedules, and payroll documents from the employer, and inspect the workplace for hazardous conditions. The investigation typically takes 30–90 days. The minor may be interviewed; legal counsel or a parent should be present. The employer will have opportunity to respond and provide evidence of compliance. The agency will issue a determination with findings and any penalties or corrective orders. If violations are substantiated, the employer may be required to pay back wages, penalties, and attorney's fees.

**Step 5: Consult an Attorney if Necessary.** If the employer fails to correct violations, retaliates against the minor, or owes significant back wages, consult an employment attorney licensed in Tennessee. An attorney can file a civil lawsuit under Tennessee Code Annotated section 50-5-110 (state law) or the Fair Labor Standards Act (federal law) to recover unpaid wages, liquidated damages (equal to unpaid wages), and attorney's fees. An attorney can also advise on retaliation claims if the employer punishes the minor for filing a complaint or cooperating with an investigation.