Minors are a big part of the workforce in retail, food service, and hospitality. They're often eager, reliable, and available for the hours that full-time staff don't want. But scheduling them incorrectly - even accidentally - can mean federal fines and state penalties.
Here's a practical overview of what to watch for. Note that state laws often add restrictions on top of federal minimums, so always verify the rules in your state.
Federal rules under the FLSA
The Fair Labor Standards Act sets the baseline for youth employment in the US. The key limits:
Ages 14–15:
- Can't work more than 3 hours on a school day
- Can't work more than 8 hours on a non-school day
- Can't work more than 18 hours per week during school weeks
- Can't work more than 40 hours per week during non-school weeks
- Can only work between 7am and 7pm during the school year (extended to 9pm June 1–Labor Day)
Ages 16–17:
- No federal hourly or daily limits on hours
- Prohibited from hazardous occupations (operating certain machinery, working with chemicals, etc.)
- Many states impose additional hour restrictions for this age group
Ages 18+:
- No special restrictions under the FLSA
What "school week" actually means
A school week is any week in which school is in session for at least one day. That means the restrictions apply even during partial weeks - a week where Monday is a snow day and Thursday is back in session still counts as a school week.
Don't assume that because you're in a slow period school restrictions don't apply. Check the local school calendar.
State laws often go further
Many states have stricter rules than the FLSA. Common additions include:
- Mandatory work permits or employment certificates for minors
- Lower maximum hours for 16–17 year olds during school weeks
- Required rest periods between school and work
- Prohibited hours that extend beyond federal limits
- Parental consent requirements
California, New York, and Massachusetts are especially strict. If you operate in multiple states, you need to know the rules for each.
How to keep compliant in your scheduling
A few practical habits:
- Flag minor status in your scheduling system. When building shifts, you need to be able to see immediately which employees are under 18 - and ideally under 16.
- Track school calendars. Keep the local school district calendar visible when scheduling. Know when school is out, when it resumes, and when partial weeks apply.
- Don't rely on the employee to tell you they can't work. A 15-year-old may not know they legally can't work 5 hours on a Wednesday during the school year. That's on you.
- Audit your schedules regularly. If you're doing this manually, spot-check minor schedules monthly. If you're using software, see if it flags age-based violations automatically.
Work permits
Depending on your state, minors may need a work permit or employment certificate before they can legally start work. These are typically issued by the school. Don't assume a verbal "yes" from a parent is sufficient - know your state's requirements and collect the right documentation before scheduling someone under 18.
Scheduling minors isn't complicated once you build the habits. The cost of getting it wrong - fines, back wages, reputational damage - is much higher than the effort of doing it right.