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['Wage and Hour']
['Child Labor']
06/11/2024
State Info
Summary of differences between federal and state regulations
The Indiana Department of Labor, Bureau of Child Labor administers the child labor laws.
On April 1, 2020, various updates took effect in the newly titled Youth Employment division for the state of Indiana. The changes are noted below in the applicable areas.
Work age
Youths must be:
- None specified for newspaper carriers, housework in private homes, caddying, entertainer, and farm work for parents
- 12 to work on farms
- 14 to work in most non-hazardous jobs
- 18 to work on all other jobs (some exceptions when working for parents on farms)
Work hours
Youths 14-15 may work:
- 3 hours per school day, and 8 hours on Fridays that are school days8 hours per non-school day, and Fridays that are school days
- 18 hours per school week
- 40 hours per non-school week
- Not before 7 am or after 7 pm on nights before school
- Until 10 pm on nights not followed by school day
- Not during school hours unless part of work training
Effective April 1, 2020, the hour restrictions for 16- and 17-year-old minors were simplified and are the same now.
Youths 16-17 may work:
- 9 hours per day
- 40 hours per school week
- 48 hours per non-school week
- No more than 6 days per week
- No start time between 12 am and 6 am
- Until 10 pm on nights followed by a school day
- With written parental permission may work until 11 pm on nights followed by a school day
- No restricted end time on nights not followed by a school day
- May not work in an establishment open to the public between 10 pm and 6 am unless another employee at least 18 years of age also works the same hours as the minor
- Restriction prohibiting 16- and 17-year-olds to work during school hours of 7:30 a.m. to 3:30 p.m. without school permission has been removed; Restriction, however, continues to apply to 14- and 15- year-old minors, as this is federal law
- Written Parental Permission is only required for minors (16 and 17) working until 11:00 p.m. on a night followed by a school day. All other Parental Permissions have been eliminated
No restriction for high school graduates.
Breaks
Effective April 1, 2020, break requirements have been eliminated.
Alcohol
Employees at least 18 years old may ring up a sale of alcoholic beverages. Waiters, waitresses, or servers who are at least 18 years of age may serve alcoholic beverages in a dining room or family room of a restaurant or hotel, provided the employee has completed a certified alcohol server training program and is under the supervision of a person who is at least 21 years of age who has also been certified.
Expanded exemptions
Effective January 1, 2025, exemptions from employment restrictions for minors are expanded to exempt:
- A parent
- A parent who employs the parent’s own child,
- A person standing in place of a parent who employs a child in the person’s custody or
- The legal entity in which the parent of the employed child or a person standing in place of the parent of the employed child has an ownership interest, except in the instances of employment in hazardous occupations designated by federal law;
- A minor enrolled in a work-based learning course;
- A minor employed as an actor of performer in
- Motion pictures; or
- Theatrical, radio, or television productions;
- A minor employed as a newspaper carrier; or
- A minor employed as a homeworker engaged in the making of evergreen wreaths, including the harvesting of the evergreens or other forest products used in the making of the wreaths.
Employers must register any new or changed information regarding their location and the number of minors working at each location on or before the 15th and last business day of the month.
Permits
Generally, youths under age 18 must provide the employer with proof of age and employment certificates issued by local school officials, except for youth employed in farm work, housework, caddying, delivering newspapers, entertaining, or a high school graduate.
Effective April 1, 2020, work permits are also no longer required for: Non-Indiana residents, homeschool minors, resident minors enrolled in a Career and Technical Education program as approved by the Indiana State Board of Education - Indiana Virtual High School courses, Indiana Connections Career Academy (INCC). Note: Hours restrictions still apply.
The employment certificate must:
- Be signed by the person for whom the youth is to work;
- Describe the nature of work that the youth is to perform; and
- Specify the maximum number of hours per week that the youth will work.
Effective September 8, 2020, the Department began to again enforce the requirement for employers to have on-file work permits for minor employees.
Postings
Notice stating maximum hours allowed and starting and quitting times of employees under 18.
State
Contact
Indiana Department of Labor Wage and Hour Division
Regulations
The Indiana child labor statutes can be found in Title 20, Article 33, Chapter 3 of the Indiana Code.
Federal
Contact
The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. Enforcement of the Fair Labor Standard Act's child labor provisions is handled by the Wage and Hour Division of the Department’s Employment Standards Administration.
Regulations
U.S. child labor regulations can be found in CFR 29:
Part 570 Child Labor Regulations, Orders and Statements of Interpretation
Part 575 Waiver of Child Labor Provisions for Agricultural Employment of 10 and 11 Year Old Minors In Hand Harvesting of Short Season Crops
Part 579 Child Labor Violations – Civil Money Penalties
['Wage and Hour']
['Child Labor']
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