As Pennsylvania students return to school, it’s time for employers to revisit and reinforce their child labor protections. Whether you’re hiring teens after class, on weekends or during school breaks, the start of the school year is a critical checkpoint for making sure your hiring practices align with state law.
The U.S. Department of Labor (DOL) has ramped up its enforcement in the past five years, resulting in a 31% increase in minors identified as working in violation of federal law between 2019 to 2024, according to a DOL Wage and Hour Division Labor Report. In the 2023-2024 fiscal year, the DOL assessed more than $23 million in penalties for child labor violations, including allowing children to work in hazardous occupations.
In Pennsylvania, the state’s Child Labor Act sets rules regarding work permits, permissible hours and job types, and prohibited occupations for minors. In the first two years of Governor Shapiro’s administration, the Pennsylvania Department of Labor & Industry investigated 940 complaints under the Act, leading to action against 347 employers and more than $2.5 million in fines. Employers can reduce the risk of violations by routinely reviewing their compliance obligations and providing training to supervisors and managers.
Below is a refresher on the key rules and regulations for employers who hire minors in Pennsylvania.
Before Minors Begin Work: A Valid Work Permit is Required
Minors are not allowed to work in Pennsylvania without a work permit – even if they have graduated or dropped out of school. Teens must request a permit from the school district where they reside. Within five days of hiring a teen, the employer must verify the work permit by contacting the school district of the minor’s employment.
Additionally, employees who are 14 or 15 years of age must provide a written statement from their parent or legal guardian granting the minor permission to work and acknowledging the minor’s work duties and hours. Employers should keep the original copy and provide a copy to the parent or legal guardian.
Key Definitions Employers Should Know:
- Regular School Week: Monday–Friday when school is in session
- School Night: Sunday–Thursday
- School Vacation: Time when school is not in session (excluding regular weekends unless part of a longer break)
Scheduling Rules for Minors
Employers cannot schedule minor employees to work more than six consecutive days. Regardless of age, minor employees may only work up to five hours at a time before being given a 30-minute, uninterrupted break.
The Child Labor Act provides stricter protections for employees who are 14 to 15 years of age. During the school year, these minors may not work during school hours and face strict limits on daily and weekly hours. For example, employees under age 16 cannot work past 7 p.m. and are limited to three-hour shifts on school days.
Minors aged 16 and 17 may work up to eight hours on school nights. However, during the school year, they cannot work more than 28 hours during the school week and 16 hours on the weekend. They are not allowed to work before 6 a.m. or after 12 midnight on school nights.
Follow Policy and Maintain Accurate Records
Employers must post required child labor forms, maintain work schedules showing permitted and actual hours, and must track breaks. Copies of work permits, parental/guardian permission forms, and all notices to the school district should be stored in each minor’s personnel file. Failure to keep proper records or accidentally scheduling minors outside permitted hours can lead to a formal complaint and enforcement action.
Between school-night curfews, break requirements, and hourly restrictions, child labor compliance can be complex – and the consequences of getting it wrong are costly. When in doubt, it is important to consult with legal counsel to ensure full compliance.
If you have questions regarding compliance with child labor protections in Pennsylvania, please contact attorney Hannah Schroer or any member of Barley Snyder’s Employment Group Practice Group. We are here to help you navigate these requirements and mitigate legal risk.
