Washington State Child Labor Laws - The Complete Guide for 2024

Businesses in Washington State that plan on hiring or already employing workers under the age of 18 need to ensure they maintain compliance with Washington State Child Labor Laws, or otherwise risk major penalties and fines.

Here is what employers need to know about hiring and employing minors in Washington State.

Washington State Child Labor Laws Overview

While there are many laws regarding minors in Washington State, businesses should still ensure a total understanding of Washington Labor Laws, as these too will apply to minors.

In Washington State, minors may begin working at the age of 14 in certain jobs and industries. Overall, how old an individual needs to be to work in Washington depends on the industry.

When it comes to the employment of minors in the state, Washington employers primarily need to focus on the following areas of compliance:

• Compensation
• Meal and Rest Breaks
• Prohibited Duties
• Restrictions on Hours Worked
• How to Hire Minors in Washington State
• Exemptions and Applications for Exemptions

Washington State Child Labor Laws are enforced and maintained by the Washington State Department of Labor and Industries (L&I).

However, there are no workplace posting requirements specifically regarding child labor in Washington State.

Compensation Requirements for Minors in Washington State

Compensation for minors in the state of Washington depends on the age of the minor.

Minors who are under the age of 16 may be paid at a wage of no less than 85% of Washington State Minimum Wage. All other minors must make the state’s minimum wage.

Required Meal and Rest Breaks for Minors in Washington

According to Washington Child Labor Law and minor meal and break requirements, all minors in Washington State are entitled to a paid rest break, free from all duties. Minors are also entitled to a meal break.

Important to note is that minor employees may not waive either of these rights.

Rest Break Requirements

In addition to the requirement of a paid rest break, additional requirements may apply depending on the age of the minor.

Minor employees under the age of 16:

• May not have a break scheduled near the beginning of a shift
• Must take a paid rest break of at least ten minutes for every two hours worked

Important to note is that minors under the age of 16 may not work more than two hours without taking a rest break or meal break.

Minor employees between ages 16 and 17:

• May not be required to work more than three hours straight without a rest break
• Must have breaks scheduled as close to the midpoint of their shift as possible

Important to also note, is that employers can require workers ages 16 and 17 to stay on the job site during a rest break. These rest breaks taken are considered “hours worked” when calculating paid sick leave and overtime as well.

Meal Break Requirements

The following meal break requirements apply to minor employees, depending on their age.

Minor employees under the age of 16:

• Must not work more than four hours without being given an uninterrupted meal break
  • Such a break must be separate and distinct from, and in addition to, any rest breaks
• Must have a rest period after 2 hours for every 4 hours of work.

Minor employees between ages 16 and 17:

• Are entitled to an uninterrupted meal break of at least 30 minutes if they work more than 5 hours in a day
• Must be allowed a rest period no later than the end of the third hour of the shift

For more information on Washington Break Laws, see our guide by clicking here. 

Prohibited Duties and Occupations for Minors in Washington State

There are quite a few prohibited duties and occupations for minors throughout the state. Here are a few examples of prohibited duties and occupations for minors in Washington State:

Examples of Prohibited Duties and Occupations

Prohibited Duties in Food Industries

Some common prohibited duties and occupations in the restaurant, deli, grocery store, and food processing industries include:

• Operating powered meat/food slicers and grinders
• Using powered bakery equipment such as a Hobart mixer
• Working in freezers and meat coolers in processing facilities
• Slaughtering, meat packing, or food processing
• Working alone past 8 p.m. without adult supervision on the premises (this restriction only applies to service occupations, e.g., retail and restaurant industries)

Prohibited Duties in Construction Industries

Some common prohibited duties and occupations in the construction industry include:

• Working on or around a roof
• Wrecking, demolition, trenching, or excavating
• Operating or riding cargo elevators, manlifts, hoists, and cranes (automatic passenger elevators are okay)
• Flagging or helping on a public roadway
• Operating boilers or working in engine rooms
• Operating power-driven woodworking machines
• Operating metal-forming, punching, and shearing machines
• Operating powered circular band saws
• Handling or using explosives
• Mining

Prohibited Duties in the Non-Agricultural Industry

Some common prohibited duties and occupations specific to non-agricultural businesses include:

• Working higher than 10 feet off the ground or floor level
• Most driving of motor vehicles on public roads to make deliveries, such as pizza delivery or other time-sensitive deliveries
  • All driving on public roadways is prohibited for those 16 and under
• Operating forklifts or other heavy equipment such as earthmovers, tractors, backhoes, etc.
• Loading, operating, or unloading of paper/cardboard balers or compactors
• Jobs where respiratory protection or hearing protection is required

In addition to the restrictions above, employees under the age of 16 have additional restrictions on duties and occupations.

These include:

• Driving an automobile
• House-to-house sales
• Cooking and baking
• Operating or cleaning meat slicers
• Operating food processors
• Any power-driven machinery
• Construction
• Manufacturing
• Processing operations
• Public messenger
• Amusement parks
• Loading or unloading trucks
• Transportation, warehouse, storage and work-around conveyors
• Ladders and scaffolds, including window washing
• Maintenance and repair in gas stations

Prohibited Duties in the Agricultural Industry

Some common prohibited duties and occupations specific to agricultural businesses include:

• Handling, mixing, loading or applying dangerous pesticides
• Transporting, transferring or applying anhydrous ammonia
• Harvesting crops before the pre-harvest interval expires or within 14 days of applying chemicals, if no pre-harvest interval exists (The pre-harvest interval is the amount of time that must pass between applying the last pesticide and harvesting the crop)
• Work involving slaughtering and meat processing
• Operating power saws, power-driven woodworking and metal-forming machines, and punching or shearing machines
• Handling or using blasting agents, such as dynamite or blasting caps
• Work involving wrecking, roofing, demolition and excavation

In addition to the restrictions above, employees ages 14 to 15 have additional restrictions on duties and occupations.

These include:

• Operating a tractor over 20 horsepower
• Connecting or disconnecting attachments from such a tractor
• Driving a bus, truck or automobile with passengers
• Working from a ladder or scaffold at a height over 20 feet
• Working in a farmyard, pen or stall occupied by a bull, boar or stud horse maintained for breeding purposes
• Working inside a fruit or grain storage area designed to retain an oxygen-deficient or toxic atmosphere, or working in a manure pit
• Operating or helping to operate machines such as corn pickers, hay balers and mowers and grain combines
• Performing manufacturing, meatpacking or food-processing work
• Working in transportation, warehouse and storage or construction
• Working in or around engine or boiler rooms

Other Common Prohibited Duties

Some other common prohibited duties and occupations include:

• Firefighting and fire suppression
• Logging and sawmill work
• Selling items to motorists on a public roadway
• Manufacturing of brick, tile, and similar products
• Work in saunas, massage parlors, tattoo parlors, or adult-oriented businesses
• Nurses’ aide or nurses’ assistant, unless the minor is enrolled in or has completed a state-certified nursing program
• Jobs with possible exposure to radioactive and hazardous substances
• Jobs with possible exposure to bodily fluids or other infectious agents

Restrictions on Hours Worked by Minors in Washington State

When scheduling your employees’ work hours, any minor employees must meet the hours worked restriction requirements for Washington State. These requirements depend on age, time of year, and type of work.

Generally, minors can not work during school hours. Important to also note is that while a workweek is still considered Sunday through Saturday, a school week is considered Monday through Friday, and so long as a week has any amount of school time, it is considered a school week. The same restrictions apply to minors attending home school or alternative schools, and minors not enrolled in school.

Restrictions on Hours Worked for Minors 14 - 15

The following table includes the hours worked restrictions for minors between the ages of 14 and 15. Any minors under the age of 14 who gain special permission to work also fall under the following restrictions:

Important to note is that on school weeks, minors ages 14 to 15 may work up to 8 hours on Saturday and / or Sunday. However, the hours per week requirement still applies.

Also important to note, is that minors may work until 9pm on non-school weeks between June 1 and Labor Day.

Restrictions on Hours Worked for Minors Under 16 - 17

The following table includes the hours worked restrictions for minors between the ages of 16 and 17. Only minors ages 16 or 17 may work overtime in the state.

Important to note is that on school weeks, minors ages 16 to 17 may work up to 8 hours on Saturday and / or Sunday. However, the hours per week requirement still applies. Minors ages 16 to 17 may also work until 12am during the school week on nights when school is NOT in session the next day.

Minors with a special variance may also work until 12am on Fridays and Saturdays.

Restrictions on Hours Worked for Emancipated Minors

Emancipated minors do not have any restrictions on hours worked. They also do not need any parental authorization form.

However, employers must still have a minor work permit and must adhere to the restrictions on duties and occupations performed.

Exemptions

There are some exceptions to the hours worked requirements for minors between the ages of 16 and 17.

These include minors who are:

• Are married
• Are a parent
• Are enrolled and taking college courses (e.g. Running Start)
• Have a high school diploma or equivalency (GED)

There are also special hours worked restrictions for minors in the agricultural industry.

How to Hire Minors in Washington State

When hiring minors in Washington, employers need to adhere to both state and federal requirements. When state and federal law overlap, the more protective law applies.

Generally, there are three steps to hiring minors in Washington State. Meeting these three requirements, while not overly complicated, is extremely important in order to avoid hefty penalties and fines.

When hiring minors, employers must:

• Get a minor work permit endorsement on their business license
• Get a completed parent/school or summer authorization form
• Verify the minor's age

Below is a rundown of each part of the hiring process, as well as some special requirements for the agriculture industry and hiring workers under the age of 14. For more information on how to report new hires in Washington, contact a Washington payroll and HR company.

Minor Work Permits in Washington State

Before a Washington business can hire an employee under the age of 18, it must acquire a minor work permit. Businesses can acquire one of these through the Washington State Department of Revenue (DOR).

Once a business applies, the Washington L&I reviews each application and issues a new business license with an endorsement for hiring minors. While Washington Child Labor Laws don’t include any specific posting requirements, employers must post this license. This license must also be renewed annually.

Authorization Forms

Once you have your permit / license, you may begin hiring minor workers. However, before they can actually begin working you’ll need to have an authorization form completed.

If school is in session, then employers must have the Parent / School Authorization Form completed. When school is not in session, employers must have the Parent Authorization for Summer Work Form completed. Both forms must be submitted each year.

Washington L&I recommends that employers keep copies of these forms on file.

Age Verification

The last step when hiring minors is verifying their age. When hiring minors, employers must keep a copy of one of the following on file in order to verify a minor worker’s age:

• Birth certificate and Social Security card
• Driver's license
• Baptismal record
• Notarized statement from the parent or legal guardian

Special Age Verification Rules for the Agricultural Industry

When hiring minors in the agricultural industry, employers must keep a copy of one of the following on file in order to verify a minor worker’s age:

• Birth certificate
• Driver’s license
• Baptismal or Bible record
• Insurance policy at least one year old indicating the date of birth
• Notarized statement from the parent or legal guardian
• Completed federal employment eligibility verification (I-9)

Hiring Minors Under the Age of 14

As stated earlier, the legal working age in Washington State is 14. However, in certain instances, employers may hire someone younger.

In order to hire a minor under the age of 14, employers need to get permission from a superior court judge in the county where the minor lives. This is in addition to the normal requirements when hiring a minor.

There are some exceptions depending on the industry, such as agriculture or performing arts.

Exemptions to Washington State Child Labor Laws

Employers in Washington State can apply for exemptions, more formally referred to as Minor Employee Variance Requests, in order to work around certain minor employee restrictions.

There are several different types of variances, they include:

• Special Variance
• Minor Work Variance
• Theatrical Variance
• Seasonal-Group Variance
• Student Learner Variance

Employers can request a variance for multiple purposes. These include:

• Allowing for minors to work additional hours
• Allowing for minors to work earlier or later than usually allowed
• Allowing minors to work during school hours
• Allowing minors to work additional hours as actors or performers in film, video, audio, or theatrical productions
• Allowing minors to work in paid worksite learning programs, including registered apprenticeships that have hazardous duties or equipment

Employers must ensure they meet all the requirements of employing minor workers before requesting a variance. Variances must also still comply with any federal child labor laws.

Employers should note that each type of variance has a different purpose, approval, and renewal process.

Penalties for Washington Child Labor Law Violations

If an employer knowingly or recklessly violates the requirements of Washington State Revised Code 49.12.121 or 49.12.123, the employer is guilty of a gross misdemeanor punishable by up to 364 days of imprisonment or by a fine of no more than five thousand dollars. In some cases, both imprisonment and the fine may apply.

If the violation results in permanent disability or death of a minor employee, the employer is guilty of a class C felony punishable by confinement in a state correctional institution for up to five years or by a fine fixed by the court of up to ten thousand dollars. Again, in some cases, both imprisonment and the fine may apply.

Get Help With Washington State Youth Employment

If your business is looking to hire or already employs workers under the age of 18, then you need to ensure compliance with these laws.

Child labor laws can be among the most complex and difficult to navigate, and carry some of the biggest and most impactful penalties and fines. Ultimately, the government wants to put in as many protections for minors as they can and do anything they can to enforce them.

This can make compliance difficult for businesses that employ minors, as it adds an entirely new compliance aspect. Businesses in Washington State that are struggling with child labor laws should look to a Washington State payroll and HR company for assistance.

To get connected with a provider in Washington, contact us today.

Guest Author: Lori Brown

Lori Brown, CEO of PayNW a leading Washington payroll and HR services company, took the reins in September 2021 from founder Mike Anderson. Growing PayNW from $500K to $8M in annual revenue, Lori has maintained a 96% client retention rate, year over year. She is a talented leader, with extensive experience in payroll, Human Capital Management, Employee Retention Credit (ERC) efforts, and more. Lori was elected to the board of the Independent Payroll Processors Association in 2021 and is a Puget Sound Business Journal 40 Under 40 honoree. She is a mom of three and has been happily married for the past 20 years.