Hiring Young Talent: Virginia's Legal Age Requirements for Employers
Unpack the specific age limits, work hour restrictions, and essential permits required for young workers in the Commonwealth
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Virginia, like all states, has specific laws governing the employment of minors, balancing the desire for youth work experience with the need to protect their health, well-being, and educational opportunities. These regulations, primarily enforced by the Virginia Department of Labor and Industry (DOLI), outline minimum age requirements, permissible working hours, and prohibited occupations.
General Minimum Age and Exceptions
The general minimum age for employment in Virginia for most gainful occupations is 14 years old. However, there are several key exceptions that allow younger individuals to work in specific capacities:
Under 14: Children under 14 are generally prohibited from working in most gainful occupations. Exceptions include:
Working in connection with their employer's home, but not their employer's business, trade, or profession (e.g., occasional babysitting or yard work for neighbors).
Working on farms, in orchards, or in gardens outside school hours with parental consent (ages 12 and 13).
Delivering newspapers (ages 12 and 13).
Serving as pages or clerks for the Virginia General Assembly (ages 12-18).
Volunteering for a volunteer emergency medical services agency.
Working for a parent in a non-manufacturing occupation.
Working as a referee for a sports program for a charitable organization or government unit (ages 12 or older).
Participating in certain theatrical performances, concerts, or entertainment events with a theatrical permit.
Employment Certificates for 14 and 15-Year-Olds
A critical requirement for minors aged 14 and 15 in Virginia is the Employment Certificate, also known as a work permit. This certificate must be obtained by the employer before the minor begins work. The process often involves electronic application through the Virginia Electronic Employment Certificate System, requiring input from the youth, employer, and legal guardian. This certificate verifies the minor's age, outlines permissible duties, and ensures parental consent.
Hours and Occupations Restrictions
Virginia law places strict limitations on the hours and types of work that minors can perform, varying by age group:
14 and 15-Year-Olds:
During school in session: May not work during school hours (unless enrolled in a school work-training program with a work-training certificate). Limited to 3 hours on a school day and 18 hours in a school week.
When school is not in session: May work up to 8 hours a day and 40 hours a week.
Time of day: Generally, they cannot work before 7 a.m. or after 7 p.m., except between June 1st and Labor Day, when they may work as late as 9 p.m.
Breaks: Must receive a 30-minute break after 5 consecutive hours of work.
Prohibited Occupations: Excluded from many occupations deemed hazardous or detrimental to their health, such as manufacturing, operating motor vehicles, public messenger services, or working with power-driven machinery.
16 and 17-Year-Olds:
Generally, there are no restrictions on the number of hours they can work, but they must still comply with compulsory school attendance laws and local curfew ordinances.
They are not required to obtain an employment certificate. However, an age certificate (proof of age) may be requested by employers.
They are barred from certain particularly hazardous jobs, such as operating heavy machinery, working in mining operations, or occupations involving exposure to radioactive substances. Minors under 18 cannot generally be employed as drivers of commercial vehicles.
Federal vs. State Law
It's important to note that both federal child labor laws (under the Fair Labor Standards Act) and Virginia's state laws apply. When there's a difference, the law with the stricter standard must be followed. Employers are advised to consult the Virginia Department of Labor and Industry website and relevant legal counsel to ensure full compliance with all applicable regulations. Violations of child labor laws can result in significant penalties for employers.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
