Minimum Age for Employment
Virginia’s child labor law does not protect minors from potential abuse in the form of physical, sexual, or psychological harm.
Minors who work in Virginia are protected to some extent by the general child labor law. Under this law, below are the minimum age requirements for workers in Virginia according to industry. Note that federal law imposes similar, but not identical, requirements which you may need to follow in addition to the Virginia laws.
General
Generally, the minimum age for employment of minors in Virginia is 14 years old. However, there is one exception whereby 13-year-old minors may work in approved areas. They may work as newspaper boys or in other approved newspapers services.
Retail / Food Service / Stores
Minors who work in these areas must be at least 14 years old, but those who are 16 years old or older are not subject to restrictions. Minors under 14 years old may not work here .
It is illegal for Virginia employers to employ minors in these areas:
• To handle and use forbidden materials
• To use a circular saw or mechanical power driven bakery machine
• To work on a ladder in high places
• To perform work underground
• To operate power-driven lawn and garden equipment
• To operate motor vehicles with an open passenger cab
Minors between the ages of 14 and 18 cannot work here:
• More than 6 days a week
• More than 28 hours a week
• More than 8 hours a day
However, those who are over 15 years old may work more than 28 hours a week when school is not in session.
Construction / Demolition / Garage
These workers must be at least 16 years old. Younger workers may not be employed here.
Building and Grounds Maintenance and Repair
Workers in this field must be at least 16 years old. While minors at this age can work here they are not permitted to use many power-driven tools.
Restrictions on Work for Virginia Minors
Several restrictions apply to the employment of minors under Virginia law. These restrictions fall under the Virginia Code and are separate from any federal law prohibiting the employment of minors for certain types of jobs. Examples of jobs that fall under federal law are jobs that involve demolition or construction.
The Virginia Code prohibits employers from employing a person younger than 14 for the following job duties:
No person under 18 shall be employed or permitted to work in any of the following occupations or places unless the person is working for a parent or guardian:
No person younger than 16 years of age shall be employed or permitted to work in or about any mine or quarry, or in any place where blasting is in progress.
It is unlawful for any person under the age of 16 years to work or be required to work (i) more than 8 hours in any day or (ii) more than 40 hours in any week.
No person under 16 years of age may be employed or permitted to work between the hours of 7 p.m. and 7 a.m. in the summer or between 7 p.m. and 6 a.m. in other months.
The Code lists other restrictions on minor’s work hours. Employers must be able to demonstrate that they properly verified the ages of minors that they hire. Employers must keep proper proof of a minor’s age on file. Likewise, employers are encouraged to obtain evidence like verification of age certificates when parents or guardians agree to employ a minor.
Work Permit Application in Virginia
While it is not uncommon for an employer to simply hire a minor without obtaining a work permit, doing so is technically illegal. The Virginia Department of Labor and Industry defines the procedure under which employers are to select, employ, and obtain the required permits. Most school districts now insist that work permits be obtained prior to the minor commencing work, even though it is not necessarily an employment condition. Federally, the requirement for a work permit is met by completion of Form I-9.
If an employer wishes to hire a minor under the age of 14, the employer must obtain a special permit. Forms may be obtained from the Virginia Department of Labor and Industry. Such special permits require that the applicant be completed and signed by the minor’s physician, attesting to the minor’s health and fitness to work. In addition, a parent or guardian must give consent. Finally the form requires approval by the School Division Superintendent (or his/her designee). School Division Superintendents have the authority to delegate such decisions to local business managers.
Once a student is over 14 years-old, a school official will issue a work permit upon request. In addition, when a minor obtains a driver’s license, the DMV will issue a work permit. If an employer wishes to hire a minor under the age of 16, the employer may download an application form and complete the information necessary to secure a work certificate. The application requires the issuing school division official to sign in at least four different places, verifying the minor’s age, consent of a parent or legal guardian, and education status. The completed form must be returned to the issuing school division official.
Youth Employment Protections
The Commonwealth is serious about protecting the interests of its younger workers. Sweatshops are illegal in the Commonwealth and minors are not permitted to work in conditions that could jeopardize their well-being. Labor laws require that those under the age of 16 are not engaged in duties that require them to work with dangerous machines, such as food grinders, bakery machinery, power-driven bakery/ice cream, cardboard box making machines , hand tools and non-powered meat and bony fish hand-operated and power-driven slicers and choppers.
Individuals under the age of 18 may not operate power driven sawing, slicing, biting, grinding, or mixing machines used in bakeries and establishments manufacturing other foods. Work in manufacturing, processing, or storage of any ice cream is prohibited for those under the age of 16. In addition, minors under the age of 18 are prohibited from operating power machinery to make cement, soap, paper or cardboard products.
Employer Obligations to Employ Minors
Recognizing the legal working age for minors in Virginia is a foundational key for employers who may hire them. For those who employ minors, a number of obligations exist under the law. Please see below for answers to some common questions about employing minors in the Commonwealth.
Employers generally must obtain proof of age for all Youth Employment Certificates received from minors under 16 years of age. Employers along with nannies and caregivers, however, should not worry because an employer may accept as acceptable proof of age a birth certificate, driver’s license, or any legitimate written record of age issued by a government entity or "institution of good standing," such as a school. Employers do not need to maintain the proof of age records, but should inspect the originals for authenticity.
Child Labor laws have been established to limit the occupations and hours that minors may work in order to protect their health and safety. Further, the Code of Virginia prohibits the employment of: (i) any minor under 16 years of age; (ii) a minor under 14 years of age; (iii) any minor in a "hazardous occupation." Va. Code § 40.1-88
The number of hours that minors are permitted to work in Virginia varies depending on age: Minors Age 14 or 15 – May only work between 7:00 a.m. and 7:00 p.m. (8:00 p.m. when not during the school session), and shall not be permitted to work more than 18 hours per week during a school week, or more than 3 hours per day when school is in session and more than 8 hours per day on non-school days and no more than 40 hours on non-school weeks. Minors Age 16 or 17 – May work no more than an average of 8 hours per day, no more than 40 hours in any one week, and work only between 6:00 a.m. and 12:00 a.m. (i.e., midnight). However, 16 or 17-year-old minors may work between 12:00 a.m. and 6:00 a.m. in any occupation not otherwise prohibited to them by law. Va. Code § 40.1-29.1
Employers are also required to maintain accurate payroll records for employees. A business may face a fine of $100 for every day that a record is not maintained properly or available for review upon request by the Commissioner of Labor and Industry. Va. Code § 40.1-38.1 and § 40.1-38.2
Understandably, failure to comply with the above labor laws may result in civil, and in extreme cases, criminal penalties. Va. Code §§ 40.1-95 through -106.
Penalties for Violating Child Labor Laws
Employers and employees should be aware that the Fair Labor Standards Act (FLSA) restricts the hours of work minors can engage in and types of work they can perform. Any violation by either the employer or minor will subject the employer to civil monetary penalties. 29 U.S.C. §§ 212 & 215. Violating Virginia child labor laws results in more severe civil monetary penalties. Va. Code Ann. § 40.1-29.1. Employers violating child labor laws can be fined up to $1 , 000 for the first offense, and up to $10,000 for subsequent offenses. V.D.C.J.S.A. § 40-29.1. If a minor employs himself or herself in violation of child labor laws, the minor may be "prosecuted by warrant, summons, or as a juvenile matter." Va. Code Ann. § 40.1-29.1. Conviction of this criminal charge is a first degree misdemeanor and carries with it up to one year in prison, or the assessment of a fine of up to $2,500, or both. Va. Code Ann. §§ 18.2-11 & 18.2-118.