Child Labor

School is out and people are spending time this summer doing other things. For many students, this means looking for a summer job. It allows them to earn extra money while spending their time productively. A number of seasonal businesses, like ice cream stores that bulk up staff during the summer, are all potential landing spots for students.

Many of these students are minors. Consequently, child labor laws kick in and dictate employment rules in Washington state. The Washington Administrative Code, or WAC, governs child labor.

Which Minors are Allowed to Work?

First, the definition of a minor in the Evergreen State is anyone under the age of 18. Thus, one can hold a license and legally drive a car yet be considered a minor for labor and employment laws.

Second, not every minor can legally work in Washington state. Minors under the age of 13 are not considered eligible for work unless it is in a family business. There are hourly restrictions on the work week, as well, so employers are limited regarding how much work they can request of minors. Employers who employ so-called “lower-skilled” laborers, e.g. stocking shelves in a warehouse, and want to hire at a better rate during the summer than the rest of the year, are limited regarding work hours.

Third, there are restrictions about what type of jobs are minor-eligible. Just because a minor drives a car and has full use of a vehicle does not mean that an employer is legally allowed to hire that minor for a delivery job.

Regulations

The Washington Department of Labor & Industry, or L & I, provides guidelines with respect to child labor. Here are some of the rules.

For 14 and 15-year-olds during a school week:

  • Three hours per day during weekdays and eight hours per day on weekends;
  • Maximum 16 hours per week;
  • Maximum six days per week;
  • 7 am to 7 pm working hours.

For 14 and 15-year-old during non-school weeks:

  • Eight hours per day during both weekdays and weekends;
  • Maximum 40 hours per week;
  • Maximum six days per week;
  • 7 am to 7 pm working hours; from June 1 to Labor Day, 7 am to 9 pm but must have direct adult supervision after 8 pm.

For 16 and 17-year-olds during a school week:

  • Four hours per day Monday thru Thursday and eight hours per day on from Friday thru Sunday;
  • Maximum 20 hours per week;
  • Maximum six days per week;
  • 7 am to 10 pm working hours from Monday thru Thursday and 7 am to midnight Friday through Sunday;
  • With a special variance that can be obtained from the Washington L & I, allotted hours extend to 28 per week.

For 16 and 17-year-olds during non-school weeks:

  • Eight hours per day during both weekdays and weekends;
  • Maximum 48 hours per week;
  • Maximum six days per week;
  • 5 am to midnight pm working hours.

Child labor laws are real and enforceable. If you are a child in the labor force or a parent of a child in the labor force and are not being treated fairly, contact HKM Employment Attorneys.

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Daniel Kalish

A graduate of Harvard College and Yale Law School, Mr. Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalish’s practice focuses on complex trial work, and he represents employees in all aspects of employment litigation.

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