Child Labor Laws

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Lesson goal

To introduce students to Virginia child labor laws, their purpose,

and their basic requirements.

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Students will learn:

• Virginia laws and regulations that govern labor by those

under 18 years of age, and their purposes
• Requirements for obtaining an employment certificate or an
age certificate Subhead
• Types of work and hours that minors are allowed to work
under Virginia child labor laws
• Examples of occupations that are considered unhealthy,
unwholesome, or dangerous, and related age restrictions
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CHILD LABOR LAWS Subhead
About child labor laws

• 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
• The regulations are contained in Title 16 of the Virginia
Administrative Code Subhead
• http://leg1.state.va.us/000/reg/TOC.HTM#T0016

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
In general, 14- and 15-year-olds:

• Must have an employment certificate.

• Have limits on hours they can work.
• Cannot work in certain jobs considered to be unhealthy,
unwholesome, or dangerous
Subhead

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

 CHILD LABOR LAWS Subhead
Employment certificates
• There are three key documents required for an employment
certificate:
o Permission to Employ – this form is filled out by parents and must be signed
by the parent in the presence of the issuing officer or contain a notarized
signature. (Code of Virginia §40.1-92)
o Intent to Employ – This form is filled out by the employer. The employer
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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)
o Proof of Age – a document providing the age of the minor, such as a birth
certificate, baptismal record, insurance policy at least one year old, school
record, or government-issued identification such as a passport of state ID.
(Code of Virginia §40.1-94)
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CHILD LABOR LAWS Subhead
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)
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Vacation or part-time certificates

These permit 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)

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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Work-training certificates

These permit 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)
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OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
No employment certificate needed

• Working for parents or in the home of others

• Working on a farm, garden, or orchard

• Performing or acting (note: the employer

Subhead must obtain theatrical permits
from the Department of Labor and Industry; Code of Virginia § 40.1-102)

• Working for a government employer

• Doing volunteer work

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
At any age, it is allowable to:
• Work at home for parents doing domestic jobs such as cleaning house
or taking out the trash

• Work on parents’ farm, garden, or orchard doing such things as

planting and feeding animals

• Work in a business owned by parents

Subheadexcept manufacturing, mining,
or other dangerous jobs

• Work at another person’s house doing housecleaning or babysitting,

with parents’ permission

• Participate with a volunteer rescue squad

See, Code of Virginia § 40.1-79.01
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CHILD LABOR LAWS Subhead
If you are 12 or older, you may:
• Work on any farm, garden, or orchard belonging to
someone else

• Deliver newspapers

• Referee at a sporting event for a charitable or government

organization Subhead

• If you are between 12 and 18, work as a page or clerk for the
Virginia General Assembly

For any of these jobs, you need your parents’ permission.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
If you are 14 or 15 you may work:
• In any office job
• In a hospital or nursing home doing kitchen duties and room and
hallway cleaning
• As a cashier for a dry cleaners as long as no processing is done on the
premise
• In food service cleaning dishes, waiting on tables (but not serving
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alcoholic beverages), and as a cashier or kitchen helper (with
restrictions)
• At bowling alleys
• At a swimming pool as a gatekeeper or in concessions
• On a beach handling beach equipment

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Prohibited jobs for minors under 16
• Coal or lumber yard • Providing care for
• Hotel room services residents in a hospital or
nursing home
• Dance studio
• Processing in dry cleaners
• Veterinarian business, or laundries
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while treating farm
• Undertaking establishment
animals or horses
or funeral home
• Warehouse work
• Curb service restaurant
• Construction • Hotel/motel room service

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Prohibited jobs for minors, cont.
• Ushers in a theater
• Outdoor theater
• Cabaret, carnival, fair, floor show,
pool hall, club, or roadhouse
• Lifeguard at a beach Subhead

See, Code of Virginia Title 40.1

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Prohibited work for those under 18
• In a mine
• In any occupation that exposes them to a recognized hazard
capable of causing serious physical harm or death, including
logging, manufacturing, or storage of explosives
• Manufacturing paints, colors, or white lead
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• Establishments where consumption of alcoholic beverages is
the main business
• As a driver or helper on a truck or commercial vehicle with
more than 2 axles
See, Code of Virginia § 40.1-100
OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CHILD LABOR LAWS Subhead
Hours minors can work
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

• Not during school time • With a paper route can start
• With a paper route can start delivering at 4 AM
delivering at 4 AM
3 hours per day on a school day Subhead
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

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
School work-training programs

• Persons may not work during school hours unless

enrolled in a school work-training program with a work
training certificate.

• The person must be given a 30-minute rest or meal

period after five consecutive hours of work.
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See, Code of Virginia §40.1-80.1

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Exceptions to limitations on hours
Exceptions to the limitations on hours for any teens include
work in:
• Non-manufacturing parent-owned businesses
• Parent-owned farms, orchards, or gardens
• Around parents’or someone
Subheadelse’s home
• For the state or local government
• Performing or acting
• Activities for a volunteer rescue squad
See Code Virginia § 40.1-79.01

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Work in restaurants where alcohol is served

• No employee working in the capacity of a server can be

under the age of 18.
• No bartender can be under the age of 21.

• Staff such as busboys, cooks, and kitchen help can be any

age. Subhead

• If the restaurant serves only beer, an individuals who is 18

years old may act in the capacity of a bartender.

See, 3 VAC 5-50-50

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Work in a store where alcohol is sold

In a store that sells alcohol to be consumed off premises (such as a

grocery or convenience store), someone under 17 with a proper
employment certificate can work as a clerk or cashier selling the
products as long as this is not their primary function and there is an
ABC manager on duty on the premise.
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See, Code of Virginia § 40.1-100 and 3 VAC 5-50-40

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Restrictions on driving

• If you are under 18, you generally cannot be employed as a

driver.
• Those who are at least 17 may drive automobiles or trucks on
public roadways if:
o the automobile does not exceed 6,000 pounds gross vehicle
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weight
o the vehicle is equipped with seat belts
o the employer requires the employee to use the seatbelts
o the driving is done during daylight hours

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Restrictions on driving, cont.

• Younger employees must have successfully completed a state-

approved driver education course and the driving cannot
involve:
o The towing of vehicles
o Route deliveries or route sales
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o The transportation for hire of property, goods or passengers
o Urgent, time-sensitive deliveries such as food
o The transporting at any time of more than three passengers,
including the employees of the employer

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Volunteer fire fighting

Minors who are at least 16 may participate fully in all activities of

a volunteer fire company if:
• they have obtained a level one firefighter certification and
have their parents’ permission and
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• there is a town, city, or country ordinance in place

permitting persons 16 years of age or older to participate.

See Code of Virginia §40.1-79.1 and http://www.vafire.com

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA
CHILD LABOR LAWS Subhead
Responsibilities of employers

• It is illegal for an employer to endanger your life, health or

morals or cause you to be overworked, tormented, or cruelly
treated.
Code of Virginia § 40.1-103

• Civil Penalties – a penalty up to $10,000 may be assessed for

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any violation that results in serious injury or death of a minor or
a penalty of up to $1,000 may be assessed for other violations
of child labor laws.
Code of Virginia §§ 40.1-100.1 and 40.1-114

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Criminal penalties

• 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
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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.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Review and recap

You have learned:

• Child labor laws in Virginia protect the health and safety of
children, prevent exploitation, and protect their educational
opportunities.

• State regulations define hazardous

Subhead occupations and bar workers
under 18 from these occupations and law bars minors from
working in job conditions considered to be unhealthy,
unwholesome, or dangerous.

• How to obtain an employment certificate and an age certificate

and which jobs require which documents.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
Review and recap, cont.

• That some occupations require workers to be at least 16 years of

age, and some require workers to be at least 18.

• That in most cases minors must work outside of school hours.

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• Additional laws govern jobs involving sales of alcohol and
driving vehicles.

• Employers who disobey these laws are subject to fines and

criminal penalties.

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

CHILD LABOR LAWS Subhead
To learn more

• Virginia Department of Labor and Industry

o http://www.doli.virginia.gov
• Information on employment certificates:
o http://www.doli.virginia.gov/laborlaw/employment_certifica
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te_instructions.html
• United States Department of Labor
o http://www.dol.gov
o http://www.youthrules.dol.gov/

OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

 OFFICE OF THE ATTORNEY GENERAL
COMMONWEALTH OF VIRGINIA • WWW.AG.VIRGINIA.GOV

For more information about Virginia laws that affect teens,

visit www.virginiarules.org

© Office of the Attorney General of the Commonwealth of Virginia