Both federal and state laws govern the jobs that minors can perform. However, some employers may take chances by allowing these young workers to engage in prohibited tasks. This opens the door for potential legal action to hold them accountable, especially if a child is injured.
Wanta Thome focuses on representing clients with employment discrimination claims and violations of their employee rights. Our team of attorneys offers guidance on Illinois law regarding 14- and 15-year-old employees and what penalties companies may face when they break the law.
The Fair Labor Standards Act (FLSA) is a federal law that covers important topics for all employees, with special attention to child labor provisions. The act intends to ensure children are able to receive an education without being unduly burdened by an occupation that may harm their health or well-being. Hours for those under age 16 are restricted, and certain jobs are off-limits.
The Illinois Child Labor Law (820 ILCS 205/1 et seq.) is a state law that strengthens the protections of the FLSA. It requires those under the age of 16 to obtain employment certificates from the Illinois Superintendent of Schools. To receive a work permit, the 14- or 15-year-old must present a letter of intent from the employer stating the nature of the work and the hours.
According to the law, employers in Illinois are not allowed to hire minors or teenagers who cannot provide a valid employment certificate. If they do, those companies will face stiff fines from the Illinois Department of Labor. They may also be subject to penalties under the FLSA. Employers are required to follow whichever of the two laws is most restrictive.
The law is very clear about how many hours minors and 14-year-old employees in Illinois can work and the kinds of jobs they are legally allowed to perform. Some of these requirements vary depending on the type of work, such as farming, construction, or office jobs. The same holds true for 15-year-old employees in Illinois.
For non-farming jobs, 14- and 15-year-olds cannot engage in any work that is deemed hazardous by the U.S. Secretary of Labor. They also cannot engage in manufacturing or mining work. For secretarial or administrative work, their hours are limited to:
During the school year, it is prohibited for those aged 14 and 15 to go to school and work more than eight hours total on a school day. They can only work between 7 am to 7 pm during the school year, but are allowed to work until 9 pm between June 1 and Labor Day. These young workers must also be allowed a scheduled 30-minute meal break within the first five hours of their shifts.
Teenagers have more leeway when it comes to agricultural work and may be employed by their parents on a family farm at any age, even if the work is hazardous. If a 14- or 15-year-old wishes to work for a farm that is not owned or operated by their family members, they can perform any non-hazardous duties outside of school hours.
Under the FLSA, minors cannot be given jobs that could be dangerous to their health or well-being. This includes any job involving:
These employees are also barred from working jobs that could endanger others, such as operating amusement rides or lifeguarding on a lake or ocean. They also cannot work in transportation, communications, or food processing, among other jobs. However, they can work for these businesses in an administrative capacity so long as they are not performing prohibited tasks.
The Illinois Child Labor Act describes additional jobs that 14- and 15-year-old workers cannot hold, including:
Companies that violate the FLSA and the ICLA can be fined as much as $14,050 per instance for each worker. If a minor employee suffers a serious injury or dies, the employer will be fined an additional $63,855 per worker, which can be doubled (to a maximum of $127,710) if the offenses are intentional or repetitive. If the company is convicted of willful violations, the FLSA allows an additional $10,000 penalty.
Secondary convictions for willful actions include another $10,000 fine and the potential for six months in prison or both. The employer’s size determines the amount of fines, its ability to pay, the seriousness of the violations, and the likelihood of future offenses. To learn more about the consequences of breaking Illinois minor employment law, contact Wanta Thome.
If you believe an employer is committing breaches of federal or Illinois law regarding 14- and 15-year-old employees, contact Wanta Thome for a free consultation about your case. These laws are in place to protect vulnerable youth who may not be cognitively capable of understanding the risks they face when a business asks them to perform dangerous work.
It is up to you and compassionate employment law attorneys to hold these violators accountable. Schedule a consultation with us today to learn more about laws for the employment of minors in Illinois.
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