CHILD LABOR ACT

by Stephen Bevins

Everyone remembers their first job as a child, and their first manager. As a manager with a child in their employ, there are laws to be followed. In Tennessee, youth (or “minors”) 14 to 17 years old are protected workers. The law ensures safe work is being performed that does not harm the children’s health, well-being, or educational opportunities. Tennessee’s Child Labor Act:

1. Prohibits the employment of minors in certain occupations and working conditions
2. Restricts when a minor may work during a school day and for how many hours
3. Provides exceptions when a minor is enrolled in a Work Based Learning Program

An employer must follow whichever law, state or federal, is more restrictive.

For 14/15-year-olds, while school is in session, they may work:

1. No more than 3 hours per day
2. Between 7:00 am and 7:00 pm
3. No more than 18 hours per week

While school is not in session, they may work:

1. No more than 8 hours per day
2. Between 6:00 am and 9:00 pm
3. No more than 40 hours per week

For 16/17-year-olds, they:

1. May not be employed the hours they are required to attend class.
2. May not be employed between 10:00 pm and 6:00 am, Sunday through Thursday, preceding a school day.
3. As an exception, if there is a valid Parental Consent Form signed and kept in the minor’s file, then the 16/17-year-old minor may work until midnight, but no more than three nights per week Sunday through Thursday. Forms are valid until the end of the current school year, employment termination, or until the minor reaches the age of majority, whichever occurs first. The employer retains the original form for the effective period.
4. Must be provided a thirty-minute unpaid break or meal period, if scheduled six consecutive hours. Breaks can not be scheduled during or before the first hour of work.

Homeschooled employees ages 16 to 17 must have a new letter every school year signed and dated on letterhead from their Director of Schools confirming program enrollment to authorize work during traditional school hours. For the umbrella group the minor is in, these letters come from the Director of Homeschools. If independently homeschooled, the Director of Public Schools of the minor’s county of residence provides the letter. Improper documentation or a violation of any part of the law can lead to a financial penalty being assessed on the employer.

For more information, visit https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/child-labor.html and https://webapps.dol.gov/elaws/elg/childlbr.htm.