Teens and Employment
Does Virginia have laws about child labor?
Yes. Child labor laws are contained in the Code of Virginia § 40.1-78 to § 40.1-116. In general, child labor laws are intended to protect the health and safety of children, to prevent exploitation, and to ensure that work does not interfere with their educational opportunities.
There are also state regulations that define hazardous occupations and govern the employment of minors in various types of occupations. The regulations are contained in Title 16 of the Virginia Administrative Code
How does someone get an employment certificate?
In general, 14- and 15-year-olds:
- Must have an employment certificate, (Code of Virginia § 40.1-84)
- Have limits on hours they can work, and
- Cannot work in certain jobs considered to be unhealthy, unwholesome, or dangerous.
The Virginia Department of Labor and Industry has an automated, employment certificate process. Children and their parents no longer need to apply for an employment certificate at their school, but can apply online at the Dept. of Labor and Industry .
There are three key documents required for an employment certificate. They are:
- Permission to Employ – This form is filled out by the parent, guardian, or custodian. (Code of Virginia § 40.1-92)
- Intent to Employ – This form is filled out by the employer. The employer must state clearly the kind of work the teenager will be performing, the number of days per week, the number of hours per day, and the amount of time given for lunch periods. (Code of Virginia § 40.1-93)
- Proof of Age – A statement signed by the prospective employer stating that the employer has verified the age the of the minor. (Code of Virginia§ 40.1-94)
Minors under the age of 16 must obtain an employment certificate before their first day of employment
What are age certificates?
Age certificates serve as proof of age. They are issued by Work Permit Issuing Officers, typically to workers age 16 and older. Proof of age is often requested by an employer as part of the hiring process when the job requires that the worker be 16 or older. (Code of Virginia § 40.1-104)
What is the difference between a vacation or part-time certificate and a work-training certificate?
Virginia law defines two types of employment certificates:
A vacation or part-time certificate permits the employment of a minor between 14 and 16 years of age only during school vacation periods and on days when school is not in session, or outside school hours on school days. (Code of Virginia § 40.1-87)
A work-training certificate permits the employment of a minor between 14 and 16 years of age during school hours when enrolled in a regular school work-training program. To qualify as a work-training program, there must be a written agreement between the employer and the school that meets certain requirements. (Code of Virginia § 40.1-88)
How old do you have to be to get a job?
If you are 14 or 15 and have an employment certificate, you are allowed to work:
Minors 16 and 17 of age are not required to obtain an employment certificate and are permitted to hold many other types of jobs. They are, however, barred from working in certain particularly hazardous jobs
What hours are minors allowed to work?
For those age 14 or 15, work hours depend on school schedule, day of the week, and occupation.
| School Year | Summer (defined as June 1 to Labor Day) |
Between the hours of 7 AM and 7 PM
|
Between the hours of 7 AM and 9 PM
|
| 3 hours per day on a school day including Fridays | 8 hours per day on a non-school day |
| 18 hours a week for a school week | 40 hours a week in a non-school week |
| 8 hours per day on a non-school day | 30 minute break after 5 hours of work |
Are there any restrictions on driving by employees under 18 years of age?
Yes. If you’re under 18 you generally cannot be employed as a driver. (Code of Virginia § 40.1-100 (A)(7))
However, those who are at least 17 years of age may drive automobiles or trucks on public roadways if:
- the automobile does not exceed 6,000 pounds gross vehicle weight;
- the vehicle is equipped with seat belts;
- the employer requires the employee to use the seatbelts; and
- the driving is done during daylight hours.
Also, the young employee must have successfully completed a state-approved driver education course and the driving cannot involve:
- The towing of vehicles
- Route deliveries or route sales
- The transportation for hire of property, goods or passengers
- Urgent, time-sensitive deliveries such as food or the transporting at any time of more than three passengers, including the employees of the employer
When employing minors what do employers have?
Code of Virginia § 40.1-103 makes it illegal for an employer to endanger the life or health of a child. This means that an employer cannot put you in a situation that can endanger your life, health, or morals, or cause you to be overworked, tormented, or cruelly treated.
A penalty of up to $10,000 may be assessed for any violation that results in the serious injury or death of a minor and a penalty of up to $1,000 may be assessed for other violations of the child labor laws. (Code of Virginia §§ 40.1-100.1 and 40.1-113)
In addition to these civil penalties, criminal penalties are prescribed under a law on cruelty and injuries to children. Code of Virginia § 40.1-103 makes it unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health, or morals may be endangered, or cause or permit such child to be overworked, tortured, tormented, mutilated, beaten, or cruelly treated. Any person violating this section shall be guilty of a Class 6 felony. This provision is enforced by the appropriate local Commonwealth’s Attorney.
It is important to note that even when an employer is in compliance with Virginia law, the employer may nevertheless be in violation of the federal Fair Labor Standards Act. Employers who are covered by federal law must insure that they are in compliance with federal as well as Virginia law.
Information about federal laws and rules on child labor is available from the Wage and Hour Division of the United States Department of Labor website
What hours are minors allowed to work?
For those age 14 or 15, work hours depend on school schedule, day of the week, and occupation.
| School Year | Summer (defined as June 1 to Labor Day) |
Between the hours of 7 AM and 7 PM
|
Between the hours of 7 AM and 9 PM
|
| 3 hours per day on a school day | 8 hours per day on a non-school day |
| 18 hours a week for a school week | 40 hours a week in a non-school week |
| 8 hours per day on a non-school day | |
| 40 hours a week in a non-school week |
Virginia Meal & Rest Breaks
Virginia law doesn’t require any designated rest or meal breaks except for minor employees.
Employees who are under the age of 16 and who work 5 or more consecutive hours must be provided with a meal break. This break should be at least 30 minutes long
16 & 17
Teenagers 16 and 17 years of age have no restrictions on the number of hours worked. They must, however, comply with the compulsory school attendance law and curfew ordinances that may apply and these will influence times they can lawfully work. (Code of Virginia §§ 40.1-115 and 40.1-116)