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.
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:
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 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.
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.
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:
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:
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.
The following meal break requirements apply to minor employees, depending on their age.
Minor employees under the age of 16:
Minor employees between ages 16 and 17:
For more information on Washington Break Laws, see our guide by clicking here.
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:
Some common prohibited duties and occupations in the restaurant, deli, grocery store, and food processing industries include:
Some common prohibited duties and occupations in the construction industry include:
Some common prohibited duties and occupations specific to non-agricultural businesses include:
In addition to the restrictions above, employees under the age of 16 have additional restrictions on duties and occupations.
These include:
Some common prohibited duties and occupations specific to agricultural businesses include:
In addition to the restrictions above, employees ages 14 to 15 have additional restrictions on duties and occupations.
These include:
Some other common prohibited duties and occupations include:
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.
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:
| Schedule | Hours per Day | Hours per Week | Days per Week | Time Range |
| School Week | 3 | 16 | 6 | 7am - 7pm |
| Non-School Week | 8 | 40 | 6 | 7am - 7pm |
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.
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.
| Schedule | Hours per Day | Hours per Week | Days per Week | Time Range |
| School Week | 4 | 20 | 6 | 7am - 10pm |
| Non-School Week | 8 | 48 | 6 | 5am - 12am |
| School Week w/Special Variance | 6 | 28 | 6 | 7am - 10-pm |
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.
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.
There are some exceptions to the hours worked requirements for minors between the ages of 16 and 17.
These include minors who are:
There are also special hours worked restrictions for minors in the agricultural industry.
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:
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.
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.
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.
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:
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:
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.
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:
Employers can request a variance for multiple purposes. These include:
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.
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.
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.