The minimum legal working age in Pennsylvania
As a general rule, minors can begin working at the age of 14 in Pennsylvania. The first three years of work for a minor are limited so that they can learn how to be a good employee. These limitations include:
Since the purpose of the limitations above is to teach a child to be a good, safe employee, the law in Pennsylvania also has limitations on the hours a minor can work during the school year and over summer vacation. During the school year, if a minor is 14 or 15 years old, the minor can work a maximum of 18 hours during the week and not more than 3 hours per day on school days. If a minor is 16 or 17 years old, the minor can work a maximum of 40 hours during the week and not more than 8 hours per day on school days. Sometimes work on school days can be too much for a minor , as Pennsylvania prohibits minors from working more than 4 consecutive hours without a 30 minute meal period.
While there are many limitations on what a minor can do for work, there are some instances where a minor can be employed as young as the age of 12. For example, if a minor is employed and paid for work on a farm, there is no minimum age established, provided that the work does not involve the operation of powered equipment. A 16 year old can operate powered equipment on a farm, but only during the hours when school is not in session. The laws relating to the employment of minors apply to immigrants as well, as long as the job is not specifically prohibited. In Pennsylvania, there are certain types of jobs that nobody under the age of 18 can do.
Minors and permissible work permits in Pennsylvania
To begin work in Pennsylvania, all minors under the age of 18 need to obtain employment certification. This legal requirement is part of the legal working age in Pennsylvania. Any minor who wishes to work in the state in a position considered a "work permit job" is required to receive certification from a school district to legally hold their position.
Getting employment certification is a multistep process. First and foremost, the minor must have a parent or legal guardian provide proof of emancipation, photo identification, as well as the signature of the guardian, in order to obtain work certification. If the minor is under the age of 16 (where the work permit job is in a hazardous occupation), they must be accompanied by a parent or guardian and a physician during the application process in order to obtain permission for the minor to work as a minor child laborer. This can be done at the district where the minor lives or is employed.
Any minor who is age 16 or older is permitted to file their application for a job certification to permit employment with the school with which the minor is enrolled; typically, this is the minor’s home school. The parents or guardians may be required to be present during the application process in some cases. When applying for this certification, the minor must provide documentary evidence of emigration, employment, and/or marital status in order to affirm to the school that the minor is legally permitted to work.
Prohibited jobs for minors
While there are federal laws regulating child labor, in this post I will focus on the Pennsylvania law. Some jobs are just too dangerous for minors in Pennsylvania. For instance, minors under the age of 18 cannot load, unload or prepare for shipment (except by hand) any flatbed trailer or semitrailer powered by a tractor or similar motor vehicle. Further, minors under the age of 18 cannot operate power-driven hoisting apparatus or operate power-driven paper-sizing and mixing machines. In addition, there are numerous restrictions with regard to the printing industry, including printing press operators; operating or tending power-driven paper cutting, sawing, punching, or shearing machines; operating or tending power-driven cloth, cleaning, waxing, spraying, or painting machines; and oiler tending.
Aside from those restrictions, there are a number of additional restrictions, including, but not limited to: wrecking or demolition operations; operating power-driven bakery machines or dough kneaders; operating, tending or cleaning any stove having a heating element through which the flame passes; handling or applying pesticides classified by the Environmental Protection Agency as "Restricted Use Pesticides"; operating or tending greenhouse equipment; repairing or servicing boilers; and servicing gasoline/diesel engine fuel systems.
Generally speaking, if a job involves output of dust, fumes or leaves (to name a few), then that job would likely be considered too hazardous for a minor.
Work hours and workplace conditions
The hours that minors are permitted to work are limited. On school days, 14- and 15-year-olds may only work three hours, and 16- and 17-year-olds may only work four hours. They may not begin work before 7 a.m. or work later than 10 p.m. On non-school days, 14- and 15-year-olds may work eight hours and 16- and 17-year-olds may work 10 hours. They may work no more than six consecutive days within a work week. For minors, non-school days are defined as Saturdays, Sundays, and holidays, as well as the days when they are scheduled for school but they do not attend. In addition, minors may be scheduled for work on two Saturdays each month even if they are scheduled to attend school that day. However, both Saturdays do not have to be consecutive, and neither must be a permanent arrangement.
If the minor is attending a non-traditional educational program, the employer may treat all days that school is in session as non-school days, if both parties agree in writing. In that situation, the minor may only work 28 hours per week and five days per week. For example, if a minor attends school four hours a day and five days a week in evening classes, then the minor can work Monday through Friday from 8 a.m. to noon. Conversely, if the minor attends school all day but one day a week, the employer may specify which weekday should be treated as the "non-school" day (other than Saturday) for purposes of the hours worked.
Protections for young workers and what they’re entitled to
Protections and Rights for Young Workers in Pennsylvania
Both federal and state law provide protections for young workers and their rights to safe and fair employment conditions. The U.S. Department of Labor enforces the Fair Labor Standards Act (FLSA), which protects the rights of minors aged 14-17, and the Pennsylvania Department of Labor and Industry enforces the Pennsylvania Child Labor Act, which protects children under the age of 18 during employment.
Under FLSA, minors are restricted from working in positions that involve hazardous tasks, such as operating heavy machinery, working on scaffolding or roofs, meat processing, mining, operating power-driven hoisting apparatus, working in wrecking, demolition, or salvage operations, and operating certain saws and power-driven equipment. Minors are also prohibited from working in any occupation determined to be particularly hazardous by the Secretary of Labor.
The Pennsylvania Child Labor Law restricts minors under the age of 18 from working from 7 p.m. to 7 a.m. and from engaging in certain hazardous occupations, including working with explosives , operating power-driven hoisting apparatus, or work requiring the use of ladders or scaffolds.
In addition to FLSA and the Child Labor Law, the Pennsylvania Minimum Wage Act of 1968 provides additional state regulations that prohibit minors from working in certain occupations and restrict the hours in which they can work.
Because the state and federal laws on child labor and wages overlap, the stricter standards and regulations will apply if the laws conflict with one another. Under federal regulations, state regulations are more restrictive if they provide for a greater age requirement, a more protective work environment and employment agency provisions regulating the placement and compensation of minors employed. Federal law does not require a work permit to be obtained, unlike the Pennsylvania work permit.
In addition, both the State and Federal laws require that posters summarizing the terms and effect of these laws and related regulations must be prominently displayed at the workplace at all times. Both the child labor poster and the minimum wage poster must be displayed.
Employers who violate workplace laws in Pennsylvania
Employers found in violation of the child labor laws face a range of penalties, including fines and other legal consequences. For the first offense, employers may be subject to a civil penalty of up to how much per violation or separate offense? Any successive violations will carry an increased penalty of up to $10,000.00.
Even so, fines and penalties are not the only concern for employers who violate Pennsylvania’s child labor laws. In the event you are found to have violated the law, you could face criminal prosecution if you are an employer, and civil liability in the form of a civil lawsuit for damages, medical expenses, and punitive damages if you have supervised any minor who was sexually assaulted. As the law states, "no minor under the age of 16 years shall be employed upon or in any of the following occupations, places or establishments."
Pennsylvania labor law frequently asked questions
Q: At what age can minors be employed in Pennsylvania?
A: In Pennsylvania, minors 15 years of age and older can be legally employed. Minors aged 14 can seek employment in specific job positions, like babysitting and acting, because no potential hazard has been associated with the positions.
Q: Who is restricted from obtaining employment in Pennsylvania?
A: Under state law, minors age 14 and below cannot work for any employer in Pennsylvania unless they are working as newspaper carriers. Newspaper carriers qualify for an exception because they have a federal work permit that allows them to work once they are between the ages of 11 and 17. However , they are not permitted to begin working on holidays or weekends until they have turned 13.
Q: How many hours can a minor work in a single day in Pennsylvania?
A: A minor can work a maximum of eight hours a day on weekdays and eight hours a day on Saturdays and Sundays in Pennsylvania. Minors are not allowed to work past 12:00 a.m., except if they are working in a hospital, where they are allowed to work until 1:00 a.m.
Q: What types of jobs are considered hazardous for minors in Pennsylvania?
A: Hazardous occupations that minors may not perform in Pennsylvania include the operation of industrial machines, such as:
The Occupational Outlook Handbook, published by the US Department of Labor, lists the nearly 30 professional occupations deemed hazardous.