The State of Florida and the Federal Fair Labor Standards Act Protecting the Health, Education and Welfare of Minors in the Workplace.
This chart summarizes the child labor laws of the State of Florida and the Federal Fair Labor Standards (FSLA).
The stricter provisions must be observed and are denoted by bold lettering.
The Federal law in italics.
Minors 16 & 17
Florida: May NOT work during school hours unless they meet a criterion of the Hour Restrictions listed below. FSLA: No Limitations
Minors 14 & 15 - Under 14 years old MAY NOT WORK
Florida & FLSA: May not work during school hours (some exceptions apply).
PERMITS TO WORK
Florida & FLSA: Not required, except the FLSA requires the employer to maintain date of birth information for all employees under 19 years old.
HOURS OF WORK, WHEN SCHOOL IS IN SESSION
Florida: May work up to 30 hours per week. Not before 6:30 a.m. or later than 11 p.m. and for no more than 8 hours a day when school is scheduled the following day. On days when school does not follow, there are no hour restrictions.
FLSA: No limitations.
Florida: May work up to 15 hours per week. Not before 7 a.m. or after 7 p.m. and for no more than 3 hours a day on school days, when a school day follows. May work up to 8 hours on Friday, Saturday, Sunday, and on nonschool days, when school days do not follow, until 9 p.m.
FLSA: Daily maximum of 3 hrs. on school days, 8 hours
nonschool days; weekly maximum is 18 hours; not before 7 a.m. or after 7 p.m. Note: Application of both state and federal law allows this age group to work up to 8 hours on Saturday, Sunday and nonschool days, when school days do not follow, until 7 p.m.
HOURS OF WORK, WHEN SCHOOL IS NOT IN SESSION
(summer vacation; winter & spring breaks)
Florida: No Limitations
FLSA: No limitations.
Note: Hazardous occupations still apply for minors.
Florida: May work up to 8 hrs. per day and up to 40 hrs. per week; may not work before 7 a.m. or after 9 p.m.
FLSA: May work up to 8 hrs. per day and up to 40 hrs. per week. Work must be performed between 7 a.m. and 7 p.m.; from June 1 to Labor Day may work until 9 p.m.
DAYS PER WEEK
Florida: No more than 6 consecutive days in any one week. FLSA: No limitations.
Florida: Minors may work no more than 4 consecutive hours without a 30 minute
FLSA: No limitations.
Florida: Minors participating in farm work, not on their parents or guardians farm, must
comply with the same restrictions as in other work. FLSA: No limitations.
FLSA: No employment permitted during school hours. May work after school in occupations not declared hazardous in agriculture. See Child Labor Bulletin 102. (Exception: 12 and 13 year-olds may be employed with written parental consent or on a farm where the minors parent is also employed; minors under 12 may be employed with written parental consent on farms where employees are exempt from the federal minimum wage provisions.)
RESTRICTED OCCUPATIONS The State of Florida has incorporated the 17 Hazardous Occupations (HOs) of the FLSA into the Florida law and Child Labor Rule. For more info on HOs, contact the U.S. Department of Labor, Wage and Hour Division. This poster represents a combination of those laws with an ** annotating Florida law only. Minors under the age of 18 may not work in below occupations:
Working in or around explosives or radioactive substances
Operating Motor vehicles
Logging or sawmilling
Operating power-driven meat processing machines to include meat and vegetable slicers; slaughtering, meat packing, processing or rendering
Working on any scaffolding, roofs or ladders above 6 feet; roofing
Wrecking, demolition or excavation
Operating power-driven bakery; metal-forming, punching, and shearing machines; woodworking, paper products or hoisting machines
Manufacturing brick and tile products
Operating circular saws, band saws, & guillotine shears
** Working with compressed gases exceeding 40 p.s.i.
** Working in or around toxic substances, corrosives or pesticides
** Working with electrical apparatus or wiring
** Operating or assisting to operate tractors over 20 PTO horsepower, forklifts, earthmoving equipment, any harvesting, planting, or plowing machinery or any moving machinery
Minors 14 and 15 may not work in these occupations:
Operating any power-driven machinery other than office machines, including all power mowers and cutters
Maintaining or repairing an establishment, machines, or equipment
Working in freezers or meat coolers
Operating, setting up, adjusting, or cleaning power-driven meat or vegetable slicers, grinders, food choppers, and cutters, and bakerytype mixers
Operating motor vehicles
Manufacturing, mining, or processing occupations where goods are manufactured, mined, or processed
Cooking (some exceptions apply) & baking
Working in occupations in Transportation, Warehouse & Storage, Communications, and Construction (except clerical); boiler or engine rooms
Loading and unloading trucks
Working in public messenger services
** Handling certain dangerous animals
** Conducting door-to-door sales of products as employment (some exceptions)
** Spray painting
Hour Restrictions (from hour restrictions only; hazard restrictions still apply until 18 yrs.)
Minors who hold waivers from a public school or Child Labor Compliance
Minors who are or have been married
Minors who have either graduated from an accredited high school, or hold a high school equivalency diploma
Minors who have served in the U.S. Armed Forces
Minors who are enrolled in high school work programs
Age Restrictions (from age requirements; hazard restrictions still apply)
Minors who work for their parents in occupations not declared hazardous
Pages in the Florida legislature
Newspaper delivery (10 years old)
Minors in the entertainment industry registered with Child Labor Compliance
A court may authorize an exemption from age and hour restrictions.
PARTIAL WAIVERS The Florida Child Labor law is designed to serve and protect minors and encourage them to remain in school. At times, some minors may feel that the law conflicts with their best interest or their life circumstances; therefore, they have the right to request an exemption from the law. If a minor is attending a K-12 public school, a waiver may be obtained and granted by the local school district. All other minors may request an application by contacting the Child Labor Compliance. Waiver applications are reviewed and granted on a case by case basis. To qualify, applicants must demonstrate that certain requirements of Florida law need to be waived.
Employers must keep a copy of partial waivers of employed minors.
PENALTIES Florida: Employment of minors in violation of Florida Child Labor laws may result in fines up to $2,500 per offense and/or be guilty of a second degree misdemeanor. FLSA: Maximum fines up to $10,000 per minor/per violation.
WORKERS COMPENSATION Florida: If an injured minor is employed in violation of any provisions of the Child Labor laws of Florida, an employer may be subject to up to double the compensation otherwise payable under Florida Workers Compensation law.
POSTING REQUIREMENTS Florida: All employers of minors must post in a conspicuous place on the property or place of employment, where it may be easily read, a poster notifying minors of the Child Labor laws.
For information on Florida laws contact:
Florida Department of Business and Professional Regulation Child Labor Program
For information on federal laws contact:
U.S. Department of Labor, Wage & Hour Division, listed in the telephone directory under U.S. Government;
Florida Department of Business and Professional Regulation and the United States Department of Labor
"Working Together for Florida's Workforce"