Stay Compliant when Employing Minors in PA
As summer approaches and businesses across Pennsylvania look to fill open positions, many are increasingly turning to younger workers under 18. However, employers don’t always realize the important compliance rules that come with hiring minors under Pennsylvania’s Child Labor Act, which is enforced by the state’s Department of Labor and Industry (DL&I).
This law sets clear limits on where minors can work, the types of jobs they can perform, and the number of hours they’re allowed to work based on age. It also requires that minors have proper employment certificates before starting a job. See the details below to make sure you are compliant when hiring 14-17 year olds.
Checklist for Employing Minors (14-17 years old)
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Work Permit Requirement
A minor must have an Employment or Age Certificate, also known as a Work Permit. This is issued by the school district where the minor lives and requires consent from a parent/guardian and proof of age. As an employer, you must keep a copy on file.
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Hour Restrictions
Age 14-15
During the school term, minors aged 14 and 15 are permitted to work:
- A maximum of three hours on school days, eight hours on any other day (i.e., the weekend or holidays)
- No more than a total 18 hours per school week (Monday through Friday).
- Only in a manner that does not interfere with school attendance.
- Not permitted to work after 7 PM. or before 7 AM.
During school vacations, minors aged 14 and 15 may work:
- A maximum of eight hours per day
- Up to 40 hours in any given week
- Not permitted to work after 9 PM
Age 16-17
During the school term, minors aged 16 and 17 are permitted to work:
- A maximum of 8 hours per day
- No more than a total 28 hours per school week (Monday through Friday).
- Not permitted to work after 12 AM. or before 6 AM.
During school vacations, minors aged 16 and 17 may work:
- A maximum of ten hours per day
- Up to 48 hours in any given week (but may refuse any request to work over 44 hours in a given week)
- Not permitted to work after 1 AM.
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Restricted Job Duties
Minors cannot perform hazardous work. Common restrictions include no operating heavy machinery or power-driven equipment, no ladders/scaffolding, no driving, limited food prep (no slicers, fryers in some cases). Additionally, if the minor is under 16, there are additional restrictions.
Safe roles typically include office help, filing / scanning, light cleaning, errands (non-driving), and basic customer service.
HR & Payroll Considerations
- Payroll & Taxes
No FLSA minimum wage exception — you still pay at least minimum wage (unless very specific exemption)
FICA (Social Security/Medicare) applies unless it’s your child AND your business is a sole proprietorship or partnership of parents.
FUTA: Exempt if it’s your child under 21 (same ownership rule as above)
PA State Taxes generally still apply.
- Onboarding Paperwork
The process looks a lot like it does for an adult. In addition to the work permit, you will still need:
- Form W-4
- Form I-9
- Direct Deposit Form
- Emergency Contact Info is recommended for minors
- Other Considerations
Other considerations/requirements include:
- You must display child labor law posters (PA + federal)
- Keep time records carefully (there is more scrutiny with minors)
- Breaks: While federal law doesn’t require breaks, PA strongly encourages them, and many employers provide them to minors for risk management
- Supervision: You’ll want clear oversight—liability is higher with minors
- Workers’ Comp: They must be covered like any other employee