Child Labor Laws and Summer Hiring

Summer is here, and many of our members are hiring teen workers for seasonal positions. Before you do, review Kentucky’s child labor laws — violations can result in significant fines.

To help, KLC is sharing a brief training resource from the Kentucky Education and Labor Cabinet, accessible here.

For those who prefer a printed reference, the key points are highlighted below.

Minimum Age Standards

The Fair Labor Standards Act (FLSA) and Kentucky law establish hours and occupational standards for minors. The laws are largely similar, but where they differ, the more restrictive provision applies.

Under state and federal law, workers under 18 are considered minors for employment purposes. Both laws limit permitted occupations and working hours. To review the complete federal and state law, see 803 KAR 1:100, KRS Chapter 339, and 29 CFR Part 570.

Occupation Restrictions

Minors under the age of 18 are prohibited from working in occupations declared hazardous by the Kentucky Commissioner of Workplace Standards or the U.S. Department of Labor, including, but not limited to:

• Motor vehicle driver and outside helper on a motor vehicle, except when the driving is incidental, and occasionally by a 17-year-old as stated within 29 CFR Part 570.52.
• Power-driven hoisting apparatus.
• Power-driven paper product machines, including scrap paper balers and cardboard box compactors.
• Power-driven circular saws and band saws.
• Excavating operations.

Minors under the age of 16 are prohibited from working positions, including, but not limited to:

• The use of a hoisting apparatus or power-driven machinery other than office machines.
• Operating or helping with motor vehicles, although they may clean vehicles.
• Mowing (KLC Insurance recommends they be at least 18 years of age).
• Performing public messenger duties.
• Transporting people or property, including the operation of golf carts.
• Public utilities.
• Maintenance or repair of machinery.
• Tasks requiring the use of ladders or scaffolds.
• Cooking (except at soda fountains, lunch counters, snack bars, or cafeterias).
• Loading or unloading trucks.

Minors between 14 and 16 years of age may be employed in positions that include:

• Office and clerical work, including the operation of office machines.
• Errand and delivery work by foot, bicycle, and public transportation.
• Cleanup work, including using vacuums and floor waxers, and grounds maintenance. They may not use power-driven mowers or cutters.
• Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of the work, such as dishwashers, toasters, milkshake blenders, and coffee grinders.
• Work in connection with cars and trucks, such as car cleaning, washing, and polishing. They may not perform any work involving the use of pits, racks, lifting apparatus, or the inflation of any tire mounted on a rim equipped with a removable retaining ring.
• Lifeguards (must be at least 15 years of age) for a public pool where children 16 or under are present.

Generally, minors under the age of 14 may not work except in an employment program sponsored by the school they attend, and as listed below:

• Minors between 13 and 15 may carry golf bags weighing no more than 35 pounds.
• Caddies under 14 may caddy only 18 holes in one day.
• Minors 11 and 12 years old may not carry golf bags and are restricted to caddying only with a pull cart.

KRS 339.225 states that no minor under 16 may operate power-driven golf carts or any power-driven maintenance equipment. In addition, there are exceptions encompassed in KRS 339.210 for minors working as a referee, umpire, or official for an age bracket younger than the minor’s age with the parent’s or guardian’s consent.

Restricted Hours

Children under the age of 16 are not permitted to work during school hours, nor may they work:

• More than eight hours per day or 40 hours per week during the summer months, defined as June 1 through Labor Day.
• Before 7:00 a.m. and after 9:00 p.m. from June 1 through Labor Day.
• Three hours on school days, eight hours on non-school days, or 18 hours a week when school is in session.
• Before 7:00 a.m. and after 7:00 p.m. when school is in session.

These restrictions on hours do not apply to minors under 16 years of age who have graduated from high school or an approved vocational school equivalent to high school, are enrolled in an approved work training or career exploration program, are otherwise not required to attend school, or school authorities have made arrangements for them to attend school at times other than the regular hours if the employment will not interfere with the minor's schooling, health, or well-being.

Children between the ages of 16 and 17 may not work during regular school hours. During the school year, the following limits apply:

• More than six hours per day on a school day or eight hours per day on a non-school day.
• No more than 30 hours a week during a school week.
• With written parental/guardian permission only: up to 32.5 hours per week; end-time extended to 11:00 p.m. before a school day.
• With written parental permission and school certification of a 2.0 GPA or higher: up to 40 hours a week.
• Hours are restricted to 6:00 a.m. - 10:30 p.m. before a school day (11:00 p.m. with parental permission), and 6:00 a.m. - 1:00 a.m. before a non-school day.

There are no restrictions on the number of hours per day or week a 16- or 17-year-old may work during the summer months.

Meal and Rest Breaks

No minor under 18 may work more than five continuous hours without a documented 30-minute lunch break. KRS 339.270 also requires a paid rest break of at least 10 minutes for every four hours worked.

Notice and Other Hiring Requirements

Cities must conspicuously post a summary of child labor laws, prohibited occupations, and permitted working hours wherever minors are employed. KRS 339.400 requires a separate record of each minor’s name, age, address, daily start/stop times, and meal period times. KRS 339.450 requires proof of age on file for each minor — a birth certificate, driver’s license, or school ID will suffice.

Cities must also complete Form I-9 and Form W-4 for all newly hired minors, including seasonal employees. See the USCIS website for guidance on completing the I-9 for minors. For seasonal rehires, reverify or update the I-9 employment authorization.

Lastly, minors must be treated like any other employee: paid at least the $7.25/hour minimum wage for all hours worked and provided the same onboarding materials and policy reviews that are given to all new hires.

Penalties

KRS 339.990 provides penalties of $100–$1,000 per offense, plus $100 for each day a violation continues after notice. Know the law before you hire.

For more information on this or any other personnel matter, contact KLC Employment Law Attorney Michael Simon.