As students return to school, some are continuing their summer jobs and others are starting new ones. Under Pennsylvania’s Child Labor Act, employers hiring minors during the school year must comply with specific statutory mandates regarding hours of labor, recordkeeping, and occupational restrictions.
KingSpry’s Employment Law Chair, Avery E. Smith, Esq., outlines key provisions of Pennsylvania’s Child Labor Act and offers practical guidance for employers hiring minors this school year.
Permits, Parental Authorization, and Notification
Work Permit. Before employing a minor, employers must verify that the minor has a valid work permit issued by their school district. A “minor” includes any individual under the age of eighteen (18). Minors under the age of fourteen (14) cannot work in any occupation, except in limited circumstances.
Parental Authorization. For minors under the age of sixteen (16), employers must obtain a signed form from the minor’s parent or legal guardian acknowledging the duties and hours the minor will work and granting permission for the minor’s employment. The Department of Labor offers a form on its website: Parental Acknowledgment of Minor’s Duties and Hours of Employment.
It is the responsibility of the employer—not the minor or their parent or guardian—to ensure that this acknowledgment form is signed. Accordingly, employers are encouraged to include this document in any onboarding paperwork and make note of it in job postings.
Notification to Child’s School District. Within five (5) days of a minor’s employment, the employer must notify the issuing officer—the school district issuing the minor’s work permit— in writing of the minor’s employment, including their normal duties and hours of employment. Similarly, within five (5) days of a minor’s termination of employment, the employer must notify the issuing officer that the minor is no longer employed.
Employers should carefully calendar these deadlines to ensure compliance with the Child Labor Act. Additionally, employers must keep copies of minor-employees’ work permits, parental permission statements (if applicable), and letters sent to the issuing officer.
Hours of Labor: How Long Can a Minor Work?
14-15 Years Old.
- On school days, they can work for up to three (3) hours per day.
- On non-school days, they can work up to eight (8) hours per day.
- However, they cannot work more than eighteen (18) hours during a regular school week (Monday-Friday) and cannot work before 7 AM or after 7 PM.
16-17 Years Old.
- On school and non-school days, they can work up to eight (8) hours per day.
- However, they cannot work more than twenty-eight (28) hours per regular school week (Monday-Friday) and cannot work before 6 AM or after 12 AM.
Weekly Limits & Breaks
Minor employees generally cannot work more than six (6) consecutive days and must receive at least a thirty (30) minute meal period on or before five (5) consecutive hours of work.
Recordkeeping & Postings
Employers must maintain the following documentation:
- A list of all minors employed;
- A schedule of the hours of labor containing the maximum daily hours permitted, the weekly total, and the daily starting, stopping, and meal times for each minor;
- A copy of the work permit, the original verified parental permission statement (if applicable), and a copy of the letter sent to the issuing officer announcing the employment; and
- Accurate records of the actual days, hours, times of day worked, and breaks, in compliance with The Minimum Wage Act of 1968.
Employers must provide Department of Labor enforcement officers with access to the above-listed records at all reasonable times.
Employers are also required to post a printed abstract of the sections of the Child Labor Act relating to the hours of labor in a conspicuous place in the establishment.
Key Takeaways for Employers
Employers hiring minors during the school year should confirm that each minor has a valid work permit before work begins, obtain parental authorization for employees under sixteen (16), and send timely written notices to the issuing school district.
Employers should also review school-year hour limits, maintain adequate records, and train supervisors and managers to flag scheduling issues before they become compliance problems.
