ALERT FOR EMPLOYERS: Some state child labor laws, including some of the provisions of state law listed below, are inconsistent with the federal child labor provisions of the Fair Labor Standards Act, 29 U.S.C. 212(c), and its implementing regulations at 29 CFR Part 570. Where a state child labor law is less restrictive than the federal law, the federal law applies. Where a state child labor law is more restrictive than the federal law, the state law applies. See 29 U.S.C. 218(a).

 

 

January 1, 2024

Historical Table

 
 
 

 

Table of Employment/Age Certification Issuance Practice Under State Child Labor Laws 1
State Type of Certificate Issued
Employment
certificate 		Age certification  
For minors of age indicated 2 Issued by: For minors of age indicated 2 Issued by:
Labor Department School Labor Department School
Alabama Under 18 (M)
18 in mines 3 		X X Not issued    
Alaska Under 17
16 and 17 if employer licensed to sell alcohol (M) 		X4   Not issued    
Arizona Not issued     Not issued    
Arkansas Not issued     Not issued    
California Under 18 for minors enrolled in school (M) X (for entertainment industry) X Not issued5    
Colorado Under 16 during school hours (M)   X Under 18 (R) Not issued to minors under 16 during school hours without special school permit.6   X
Connecticut Under 18 (M)7   X Not issued    
Delaware Under 18 (M) X X No provision    
District of Columbia Under 18 (M)   X No provision    
Florida No provision     17 or younger (R)8    
Georgia Ages 12-15 (M)   X No provision    
Guam Under 16 (M) X   Not issued    
Hawaii Under 16 (M) X   16 and 17 (M) X  
Idaho Not issued     Not issued    
Illinois Under 16 (M)   X 16 to 20 (R)   X
Indiana Not issued9   X Not issued9   X
Iowa Under 16 (M)10 X   Under 16 (P) X X
Kansas Under 16 and not enrolled in secondary school   X Not issued    
Kentucky Not issued     Not issued11    
Louisiana Under 18 (M)   X No provision    
Maine Under 16 (M) X   No Provision    
Maryland Under 18 (M) X   No provision    
Massachusetts Under 18 (M)   X Under 18 (M) as part of Employment Certificate   X
Michigan Under 18 (M)12   X Under 18 (M) as part of Employment Certificate   X
Minnesota Under 16 during school hours (M)   X Under 18, except not issued to minors under 16 during school hours (R) 13   X
Mississippi Under 16 in mills, canneries, workshops, factories (M)   X Not issued    
Missouri Under 16 (M)   X 16 and over (R)   X
Montana Not issued 14     16 and over: in hazardous occupations (M); in other occupations (R) X  
Nebraska Under 16 (M)   X 16 and over (R)   X
Nevada Under 14 (M)15     Not issued    
New Hampshire Under 16 (M)16   X Not issued    
New Jersey Under 18 (M)   X 18 to 21 (R)   X
New Mexico 14-16 (M)17 X X 16 and 17 (P) X X
New York Under 18 (M) X - for child performers X 18 and over (P)   X
North Carolina Under 18 (M) X18   No provision    
North Dakota Under 16 (M) X   16 and over (P) X  
Ohio Under 16 at any time, and 16 and 17 during school term (M)   X Not issued19    
Oklahoma Under 16 (M)   X Under 16 (M)   X
Oregon Under 18 (M) X   No provision    
Pennsylvania Under 18 (M)   X No provision    
Puerto Rico Under 18 (M) X   18 to 21 (R) X  
Rhode Island Under 16 (M)   X 16 and 17 (M)   X
South Carolina No provision     Under 18 (R) X  
South Dakota Not issued     Not issued    
Tennessee Not issued21     Not issued21    
Texas No provision     Under 18 (R) X  
Utah No provision     Under 18 (R)   X
Vermont Under 16 during school hours (M) X   Not issued    
Virgin Islands Under 18 (P)22 X   No provision    
Virginia Under 16 (M) X   14 and 15 (M), Over 16 (R) X  
Washington Under 18 (M) X   No provision    
West Virginia Under 16 (M)   X 16 and 17 (R)   X23
Wisconsin Under 18 (M) X
Through permit officers 24 		X 18 and over (R) X
Through permit officers24 		 
Wyoming Not issued     Not issued25    

Footnotes:

1 Table includes both the general certification procedure required by law and those used in practice. Table does not include exceptions to the general procedures, nor does it identify certificates that may be required for employment in street trades, entertainment, or other work for which a special permit may be required.

2 Under the columns "For minors of age indicated" an entry of M denotes "Mandated," i.e., the requirement is mandated under State law; R denotes on "Request," i.e., the certificate is not required under State law, but the law directs an administrative agency to issue the certificate on request; P denotes "Practice," i.e., the law makes no requirement, but the State issues the certificate on request.

3 Alabama. The state of Alabama requires that employers obtain a Child Labor Certificate from the Alabama Department of Labor in order to employ workers under the age of 18. That is one certificate per age group, per location. It is also required that minors age 14/15 also obtain an Eligibility to Work form from their school stating that they have been in regular attendance and making satisfactory progress.

4 Alaska. In addition to individual certificates, employers may obtain advance approval for a specific job consisting of listed duties permitting them to hire minors, of at least 14 years of age, without prior individual approval. A new work permit must be obtained for each new job. If the duties approved on a work permit change, it may no longer be valid.

5 California. The work permit is also a certificate of Age pursuant to California Education Code 49114.

6 Colorado. Any minor fourteen or fifteen years of age who wishes to work on school days during school hours shall first secure a school release permit. Such permit is issued only by the school district superintendent, his agent, or some other person designated by the board of education.

7 Connecticut. Not required for governmental jobs or child performers.

8 Florida. Employment or age certificates are not required. However, employers of any minor must obtain and keep on record proof of the child's age. An age certificate issued by the district school board is one method of meeting the proof of age requirement.

9 Indiana. No longer issues employment or age certifications as of July 1, 2021. Previous work permit requirements were replaced with an employer registration system pursuant to IC 22-2-18.1-26 and administrative rule 610 IAC 10-5, whereby required employers must register all minors they employ using a database maintained by the Indiana Department of Labor.

10 Iowa. Employment and age certificates are issued by both the Iowa Workforce Development Department and the schools. An employer may require minors 16 or 17 years of age to obtain a work permit.

11 Kentucky. Employers of children under age 18 must maintain a proof of age.

12 Michigan. A work permit is not required for a minor 16 years or older who has completed the requirements for high school graduation or has obtained a high school equivalency certificate and provided copy of certification to the employer. A work permit is not required for a 17-year-old minor who has passed the general education development (GED) test and provided copy of certification to the employer. Certification is now issued by MDE (Department of Education).

13 Minnesota. Age certificates are not required. However, employers of any minor must obtain and keep on record proof of the child's age. Age certificates satisfy this requirement as do copies of birth certificates, drivers' licenses, and U.S. Department of Justice Immigration and Naturalization Service Employment Eligibility Verification Forms I-9.

14 Montana. No certificate is required at any age in nonhazardous employment. Since minors under 16 may not work in hazardous employment, certificates for this age category are not deemed necessary.

15 Nevada. Only certificates issued are those for minors under age 14 with written permission of district judge.

16 New Hampshire. Work certificates are not required for 16- and 17-year-olds. Instead, employers must maintain on file a signed, written document from the youth's parent or legal guardian authorizing the employment. The Department of Safety may issue age certificates to 16- and 17-year-olds. For youth under 16-years-old, their employment certificate may be completed by their parent or the school.

17 New Mexico. Minors under age 14 are generally prohibited from working, except if employed by a parent, as an actor or performer, or to sell or deliver newspapers outside of school hours.

18 North Carolina. Employment certificates are issued by either the Department of Labor or the County Director of Social Services.

19 Ohio. Age certificates are not issued, but proof of age is required for minors 16 and 17 years of age for employment during school vacation. With the approval of the Superintendent of Schools of the district where they live, 16- and 17-year-old minors are not required to provide a certificate to be employed at a seasonal amusement or recreational establishment.

20 Oregon. Employers are required to apply for annual certificates to employment minors aged 14-17.

21 Tennessee. No certificates are issued. However, employers of minors under age 18 must obtain and keep on file proof of the minor's age. A birth certificate, passport, driver's license, State issued identification, or parent's oath as to the minor's age are acceptable proofs of age under the child labor law.

22 Virgin Islands. Minors must be hired first. Employer and parent must complete and sign information to be approved.

23 West Virginia. The school district superintendent is authorized to issue employment and age certifications. In some districts, minors can obtain the certification through their school, generally by contacting a guidance counselor or school administrator.

24 Wisconsin. Certificates are issued by volunteer permit officers who are representatives of the Department of Workforce Development. Many of the permit officers are school officials, but other public employees such as municipal and county employees and court officials are also included.

25 Wyoming. Employers of children under age 16 must maintain a proof of age.

Note: N/A indicates "not applicable." "No provision" as an entry under either employment or age certificate indicates that the issuance of such a certificate is unnecessary because another type of certificate covers all minors.

Division of Fair Labor Standards Act and Child Labor
Wage and Hour Division
U.S. DEPARTMENT OF LABOR

This document was last revised January 1, 2024.

The Department of Labor does not administer State laws. Please consult your State's Department of Labor for details on your State's requirements.