Child Labor Laws in Washington: Youth Employment Rules

Federal child labor law under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203–206, establishes a national baseline for youth employment. The federal law prohibits minors under 14 from working in most occupations, limits 14–15 year-old work hours during school to no more than 3 hours per school day and 18 hours per school week, and prohibits minors under 16 from working in hazardous occupations as defined by the Department of Labor. The FLSA requires a federal minimum wage, currently $7.25 per hour, which applies to all workers including minors. Minors 16 and older have no federal daily or weekly hour restrictions, though hazardous occupation rules apply until age 18.

Federal law is enforced by the U.S. Department of Labor, Wage and Hour Division. The FLSA does not require work permits. Minors must still comply with state compulsory education laws, but federal law does not explicitly prohibit work during school hours if state law permits. States may impose stricter rules than the FLSA, and Washington has done so in multiple areas, particularly regarding minimum wage, work permits, and school-day hour limits.

Washington child labor laws, found in RCW 49.12 and WAC 296-128, are significantly stricter than federal law in several key respects.

**Work Permits and Age Restrictions:** Washington requires all minors under 18 to obtain a work permit from their school district before beginning employment (RCW 49.12.080). Minors under 14 are prohibited from working entirely, except in limited, non-hazardous occupations such as domestic service in a private home, farm work on a farm not owned by the minor's parents, retail work under specific conditions, and newspaper delivery (RCW 49.12.123). Minors aged 14–15 may work with a valid work permit, but work during school hours is prohibited without written approval from the school district superintendent or designee (RCW 49.12.140).

**Work Hour Limits:** Washington imposes strict daily and weekly hour limits that exceed federal protections. Minors aged 14–15 may not work more than 3 hours per day on school days, 8 hours per day on non-school days, 18 hours per week during the school year, or 40 hours per week during non-school periods (RCW 49.12.123). Minors aged 16–17 have no daily hour restrictions but cannot work during school hours without school approval (RCW 49.12.140). These limits apply to all types of work, including retail, food service, and agricultural employment.

**Hazardous Occupations:** Washington prohibits all minors under 18 from working in hazardous occupations, enforced more comprehensively than federal law. WAC 296-128-500 lists prohibited occupations including logging, timber harvesting, mining, quarrying, roofing, excavation, commercial fishing, operation of power-driven machinery, storage or handling of explosives, and work in foundries, forges, or smelters. Additionally, minors cannot work in occupations involving exposure to hazardous chemicals, pesticides, or radiation (WAC 296-128-505 to 296-128-700).

**Minimum Wage:** Washington's state minimum wage of $16.28 per hour (effective January 1, 2024) applies to all workers, including minors under 18. Unlike some states, Washington does not allow a subminimum wage for youth (RCW 49.46.020). This significantly exceeds the federal minimum wage of $7.25 per hour.

**Employer Coverage:** Washington child labor laws apply to all employers, including private businesses, nonprofit organizations, and government agencies. There is no exemption based on business size or type, except as specifically noted for agricultural and domestic work.

**Unique State Protections:** Washington's requirement for work permits and school district approval for school-day work represent significant protections not present under federal law. Washington also explicitly addresses online work and gig work, requiring that minors obtain work permits even for platform-based employment (RCW 49.12.085).

**Remedies:** Employers who violate youth employment laws may face civil penalties of up to $1,000 per violation and mandatory restitution of unpaid wages to affected minors. The Washington Department of Labor and Industries and the state Attorney General's office investigate complaints. Minors and their parents may also pursue private civil claims for unpaid wages and damages.

Minors under 14: prohibited from working except in specific non-hazardous occupations.

Minors 14–15: maximum 3 hours per day on school days; maximum 8 hours per day on non-school days; maximum 18 hours per week during school year; maximum 40 hours per week during non-school periods.

Minors 16–17: no daily or weekly hour limits, but cannot work during school hours without written school district approval.

All minors under 18: must obtain a work permit from school district before employment begins; no work permit, no work.

Minimum wage for all workers including minors: $16.28 per hour (effective January 1, 2024); no subminimum youth wage allowed.

Hazardous occupations: prohibited for all minors under 18; includes logging, mining, roofing, commercial fishing, power-driven machinery operation, and pesticide handling.

School-hour work restriction: prohibited unless school district superintendent or designee provides written approval (RCW 49.12.140).

Washington child labor law contains narrow exceptions and employer defenses, but these are limited compared to federal law.

**Limited Occupations for Minors Under 14:** The only exception allowing minors under 14 to work is for specific non-hazardous occupations. These include domestic service in a private home (babysitting, yard work, general household help), farm work on farms not owned by the minor's parents, retail and food service work under conditions set by the Department of Labor, and newspaper delivery routes (RCW 49.12.123). Even in these occupations, work hour limits and hazard restrictions still apply.

**School District Approval for School-Day Work:** RCW 49.12.140 permits minors 14–17 to work during school hours if the school district superintendent or designee has provided written approval. This is rarely granted and typically only in cooperative work-study or vocational education programs explicitly authorized by the school.

**Agricultural Exemptions:** Washington provides limited exemptions for farm work on non-parental farms and family farm operations. However, even agricultural work must comply with hazardous occupation restrictions and hour limits. Work in commercial agriculture, logging, or pesticide handling remains prohibited for minors under 18 (RCW 49.12.310–49.12.360).

**Work-Study and Vocational Programs:** Minors enrolled in approved school-based work-study or vocational education programs may work during school hours with explicit school authorization and a valid work permit. These programs must be documented in writing and comply with all other Washington child labor laws.

**Common Employer Defenses and Limitations:** Employers cannot claim ignorance of age or work permit requirements. Lack of a valid work permit is not a defense for permitting a minor to work; it is a violation itself. Employers cannot claim that the minor misrepresented their age or that the minor provided false identification. Employer responsibility is strict liability—verification is the employer's duty (RCW 49.12.080).

**At-Will Employment:** Although Washington is at-will, minors retain all child labor law protections. At-will status does not allow an employer to circumvent work hour limits, hazard restrictions, or work permit requirements. A minor cannot consent to violate child labor laws, and such violations cannot be waived by agreement.

**No Subminimum Wage Exception:** Unlike federal law, which previously permitted a subminimum wage for youth trainees, Washington has no such exception. All minors must be paid the full state minimum wage of $16.28 per hour.

**Independent Contractor Status:** Minors classified as independent contractors rather than employees must still comply with all child labor restrictions, including work permits and hour limits (RCW 49.12.085). The classification as independent contractor does not exempt them from youth employment laws.

If you believe an employer has violated Washington child labor laws, follow these concrete steps:

**Step 1: Document Everything.** Keep detailed records of the minor's actual work schedule, including dates, times worked, job duties, and hazards encountered. Photograph any unsafe working conditions, equipment, or hazardous materials. Retain pay stubs, time records, and any communications from the employer regarding work hours or tasks. If the minor was never issued a work permit form or if the employer did not request one, document this in writing with dates. Take screenshots of job postings or platform communications if the work was obtained online. Have the minor write down their recollections while events are fresh, including supervisor names and specific incidents.

**Step 2: Review School District Requirements and Initiate Internal Complaint.** Contact the minor's school district to verify whether a work permit was properly issued and whether school-hour work was approved. Request a copy of any work permit on file. If no permit exists or if school-hour work occurred without approval, document this from the school district. If the employer operates in Washington, send a written notice to the employer detailing the alleged violation and requesting cessation within 10 business days. While not legally required, this creates evidence of notice. Keep a copy for your records. If the employer is unresponsive or retaliatory, do not delay in filing with state agencies.

**Step 3: File with the Washington Department of Labor and Industries.** The primary state enforcement agency is the Department of Labor and Industries (L&I), Division of Labor Standards. File a formal complaint online at www.lni.wa.gov or by mail to: Department of Labor and Industries, Division of Labor Standards, PO Box 44001, Olympia, WA 98504-4001. Phone: 1-800-4-LA-HELP (1-800-452-4357). Provide the following information: minor's full name and date of birth; employer's name, address, and phone number; specific dates and times of violations; description of work performed; actual hours worked per day and week; whether a work permit was issued; whether school-hour work occurred; whether hazardous work was assigned; and any documented pay stubs or communications. L&I will accept complaints on behalf of the minor or their parent/guardian. There is no filing fee and no statute of limitations deadline noted in statute, though timely reporting is advisable.

**Step 4: Expect the Investigation Process.** L&I will acknowledge your complaint in writing within 5–10 business days. An investigator will contact you to gather additional information and may interview the employer, supervisors, and coworkers. The agency may conduct an unannounced workplace inspection to observe conditions and interview the minor. The investigation typically takes 30–60 days but may extend if the employer contests findings or if additional documentation is needed. You will not be required to appear in person for L&I's investigation; the agency handles this independently. L&I will issue a determination letter stating whether violations occurred and what corrective action or penalties the employer must take. If the employer violated wage laws, L&I can order restitution of unpaid wages with interest. Penalties for violations range from $500 to $1,000 per violation, depending on severity and prior violations.

**Step 5: Consider Legal Representation and Additional Remedies.** If L&I's investigation confirms violations or if the employer retaliates, consult an employment attorney licensed in Washington. An attorney can file a private civil action for unpaid wages, damages, and attorneys' fees under RCW 49.52 (Wage Payment Laws). The minor may also file a complaint with the Washington Attorney General's office at www.atg.wa.gov or by calling 1-800-551-4636 if the employer's conduct is particularly egregious or affects multiple minors. Private attorneys can also pursue claims under RCW 49.12.350, which allows recovery of wages and damages for child labor violations. Many employment attorneys in Washington work on contingency (no upfront fee) and can recover attorneys' fees from a violating employer if they prevail.