What are the rules for minors working in restaurants?
Federal Law
The FLSA sets rules for minors under 18. For 14- and 15-year-olds, work is limited to outside school hours, no more than 3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, and 40 hours in a non-school week. They cannot work before 7 a.m. or after 7 p.m. (except June 1 through Labor Day, when evening hours extend to 9 p.m.). They also cannot perform hazardous jobs, such as cooking on open flames, operating power-driven meat slicers, or working in freezers.
For 16- and 17-year-olds, there are no federal hour limits, but they still cannot perform hazardous occupations. Once an employee turns 18, these rules no longer apply.
State and Local Rules
Many states have stricter rules for minors, including different hour limits, break requirements, and work permits. For example, California requires work permits for minors and limits 16- and 17-year-olds to 8 hours on a school day and 48 hours per week. Some states require a 30-minute break after 5 hours for minors. Always check your state labor department's website for specifics.
You must also comply with any local ordinances, which may add additional restrictions. Keep accurate records of minors' hours and tasks, and post required labor law posters in a visible location.
- 14-15: No work during school hours; max 3 hours on school days, 18 hours per school week.
- 14-15: No work before 7 a.m. or after 7 p.m. (9 p.m. in summer).
- 16-17: No federal hour limits, but hazardous jobs prohibited.
- Check state rules: Some require work permits, breaks, or have stricter hour limits.
- Keep records of hours and tasks for all minors.
Common mistakes
- Assuming federal law is the only rule—state laws often add stricter limits.
- Allowing 14- and 15-year-olds to work past 7 p.m. during the school year.
- Assigning hazardous tasks like operating meat slicers to anyone under 18.
