Child labor - West Virginia

Summary of differences between federal and state regulations

The West Virginia Division of Labor, Wage and Hour Section administers the child labor laws.

Work age

Youths must be:

• None specified for agricultural, horticultural, or domestic jobs
• 14 for clerical jobs, kitchen work, food service, deliveries on foot or bicycle, cashiering, service station jobs, and specified non-hazardous jobs
• 15 for entertainment where alcoholic beverages are sold
• 16 for non-hazardous jobs in manufacturing and processing
• 18 for bus driving, mining, hazardous employment, and serving/selling alcohol

Work hours

Youths under age 16 may work:

• 7 am to 7 pm (9 pm from June 1 through Labor Day)
• 8 hours/day, 6 days/week, 40 hours/week (3 hours/day, 18 hours/week when school is in session)

West Virginia has no work hour restrictions for youth 16 and older.

Breaks

Youths under age 16 must be given a 30-minute break every 5 hours (does not apply to agricultural or domestic jobs, work for parents, entertainers, and newspaper delivery).

Permits

Youth under age 16 must have a work permit, issued by county school officials. Blanket work permits are required if employing 25 or more for 90 days or less. Permits must have name, date of birth, place of birth, address of parents, and proof of age.

State

Contact

West Virginia Division of Labor, Wage and Hour Section

Regulations

The West Virginia Child Labor Law can be found in Chapter 21, Article 6, Sections 21-6-1 through 21-6-11 of the West Virginia Code [see House Bill 2554]

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.

Department of Labor

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