Employers in Pennsylvania must stay compliant with Pennsylvania Child Labor Law when hiring employees that are under the age of 18. Pennsylvania Child Labor Laws have specific requirements and restrictions for hours worked and duties performed, special child labor work permits, scheduling, recordkeeping, and more.
This article covers what employers need to know about Pennsylvania Child Labor Laws.
The Pennsylvania Child Labor Law (CLL) was enacted with the goal in mind of "providing for the health, safety, and welfare of minors by forbidding their employment or work in certain establishments and occupations, and under certain specified ages".
Generally, employers in Pennsylvania need to be aware of the following aspects when hiring employees under the age of 18:
Please note that under the Pennsylvania Child Labor Law, the definition of a minor is “an individual who is under 18 years old”. Companies should be aware of all the compliance requirements when hiring minors and take action to stay compliant.
According to the Pennsylvania Department of Labor and Industry, there are many restrictions on the duties a minor can perform in Pennsylvania, which differ depending on the age of the minor and the industry they are working in. Additionally, there are certain occupations in which minors outright may not be hired for.
All minors in Pennsylvania may not perform the following duties or be hired for the following occupations:
All minors are also prohibited from working in the following scenarios:
Minor employees under the age of 16 may not perform the following duties or be hired for the following / occupations:
All minors in Pennsylvania may not perform the following stunts or acts, as well as in the following scenarios in the entertainment industry:
In addition to the restrictions on duties and occupations performed, Pennsylvania also has state-specific requirements and restrictions on hours worked by minors. The restrictions differ depending on the age of the minor employee and whether school is in session.
Minors ages 14 and 15 may not work in the following instances:
Note: Students 14 years of age or older whose employment is part of a recognized school-work program supervised by a recognized school authority may be employed for hours which, combined with the hours spent in school, do not exceed 8 hours in a day. Additionally, different rules apply to minors employed in certain farm labor and newspaper delivery positions.
Minors ages 16 and 17 may not work in the following instances when school is in session:
Note: Minors who have graduated from high school or who are exempt from compulsory attendance under the Public School Code (§ 1330(1)) are not subject to these restrictions. Additionally, minors in performances may be subject to different rules.
Employers should also be aware of some special scheduling rules when it comes to hiring minors in Pennsylvania. Under PA Child Labor Law, minors may not work for more than 6 consecutive days (except for newspaper delivery positions) and for more than 5 consecutive hours without a documented 30-minute uninterrupted break.
A work permit is required for minors in Pennsylvania if they wish to work. Minors are allowed to apply for and accept a job offer prior to obtaining a work permit, but may not start working until they receive the work permit and show it to their employer. Minors can obtain a work permit by submitting the Pennsylvania work permit application for minors.
Minors under 16 must provide their employer a written statement by their parent or legal guardian as well, acknowledging understanding of the duties and hours of employment and granting permission to work.
Work permits can be obtained from an issuing officer, someone who processes the work permit application and issues the work permit. This is usually the chief administrator of a school district, intermediate school district, public school academy, or nonpublic school.
The primary responsibility of the employer is to notify the issuing officer, in writing, of the employment status of a minor within 5 days after the beginning or termination of employment of said minor. The notice should include detailed duties and hours of employment, the age of the minor, and their work permit number. In addition to this notice, there are other employer responsibilities regarding work permits.
For more information on work permits, please visit the Pennsylvania Department of Education website.
Employers with workers under the age of 18 in a performance of artistic creative expression either live, on the radio, on television, in a movie or another broadcast medium that is transmitted to an audience, should familiarize themselves with the Application for Minors in Performances.
Pennsylvania employers who hire minors must display the Abstract of the Child Labor Law poster in the workplace, as well as maintain accurate records of:
For each minor, the employer must keep a copy of:
It’s critical for companies that plan to hire minors, or for those who currently employ minors to ensure they understand the compliance requirements regarding Pennsylvania Child Labor Laws and make efforts to stay compliant.
If you are struggling with Pennsylvania Child Labor Law compliance or other areas regarding payroll and HR, you can always seek help and professional guidance from a Pennsylvania payroll and HR services provider to ensure your business is operating risk-free. Get connected with a provider today, or contact us to learn more about your options.