U.S. Department of Labor 

Wage and Hour Division 

 

 (July 2010) 

Fact Sheet #2A: Child Labor Rules for Employing Youth in 

Restaurants and Quick-Service Establishments 

Under the Fair Labor Standards Act (FLSA) 

This fact sheet provides general information concerning the application of the federal 

child labor provisions to restaurants and quick-service establishments that employ 

workers who are less than 18 years of age. For detailed information about the federal 

youth provisions, please read Regulations, 29 CFR Part 570. 

The Department of Labor is committed to helping young workers find positive, 

appropriate, and safe employment experiences. The child labor provisions of the FLSA 

were enacted to ensure that when young people work, the work does not jeopardize their 

health, well-being, or educational opportunities. Working youth are generally entitled to 

the same minimum wage and overtime protections as older adults. For information about 

the minimum wage and overtime e requirements in the restaurant and quick-service 

industries, please see Fact Sheet # 2 in this series, Restaurants and Quick Service 

Establishment under the Fair Labor Standards Act. 

Minimum Age Standards for Employment 

The FLSA and the child labor regulations, issued at 29 CFR Part 570, establish both 

hours and occupational standards for youth. Youth of any age are generally permitted to 

work for businesses entirely owned by their parents, except those under 16 may not be 

employed in mining or manufacturing and no one under 18 may be employed in any 

occupation the Secretary of Labor has declared to be hazardous. 

18 Years 

of Age 

Once a youth reaches 18 years of age, he or she is no longer subject to the federal 

child labor provisions. 

16 & 17 

Years of 

Age

Sixteen- and 17-year-olds may be employed for unlimited hours in any 

occupation other than those declared hazardous by the Secretary of Labor. 

Examples of equipment declared hazardous in food service establishments 

include: 

Power-driven meat processing machines (meat slicers, meat saws, patty 

forming machines, meat grinders, and meat choppers), commercial mixers and 

certain power-driven bakery machines. Employees under 18 years of age are not 

permitted to operate, feed, set-up, adjust, repair, or clean any of these machines 

or their disassembled parts. 

FS 2A
16 & 17 

Years of 

Age 

Continued

Motor Vehicles. Generally, no employee under 18 years of age may drive on the 

job or serve as an outside helper on a motor vehicle on a public road, but 17-

year-olds who meet certain specific requirements may drive automobiles and 

trucks that do not exceed 6,000 pounds gross vehicle weight for limited amounts 

of time as part of their job. Such minors are, however, prohibited from making 

time sensitive deliveries (such as pizza deliveries or other trips where time is of 

the essence) and from driving at night. (See Fact Sheet # 34: Child Labor 

Provisions and the Driving of Automobiles and Trucks under the Fair Labor 

Standard Act.) 

Balers and Compactors. Minors under 18 years of age may not load, operate, or 

unload balers or compactors. Sixteen- and 17-year-olds may load, but not operate 

or unload, certain scrap paper balers and paper box compactors under certain 

specific circumstances. (See Fact Sheet #57: in this series, Hazardous 

Occupations Order No. 12. Hazardous Occupations Order No. 12, Rules for 

Employing Youth and the Loading, Operating, and Loading of Power-Driven 

Balers and Compactors under the Fair Labor Standards Act (FLSA)). 

14 & 15 

Years of 

Age 

Fourteen- and 15- year-olds may be employed in restaurants and quick-service 

establishments outside school hours in a variety of jobs for limited periods of 

time and under specified conditions. Child Labor Regulations No. 3, 29 C.F.R. 

570, Subpart C limits both the time of day and number of hours this age group 

may be employed as well as the types of jobs they may perform. 

Hours and times of day 

standards for the 

employment of 14- and 

15-year-olds:

Occupation standards for the employment of 14- 

and 15-year-olds:

 outside school hours; 

 no more than 3 hours on 

a school day, including 

Fridays; 

 no more than 8 hours on 

a nonschool day; 

 no more than 18 hours 

during a week when 

school is in session; 

 no more than 40 hours 

during a week when 

school is not in session; 

 between 7 a.m. and 7 

p.m. - except between 

June 1 and Labor day 

when the evening hour 

 They may perform cashiering, table service and 

"busing," and clean up work, including the use of 

vacuum cleaners and floor waxers. 

 They may perform kitchen work and other work 

involved in preparing food and beverages, 

including the operation of devices used in such 

work, such as dish-washers, toasters, milk shake 

blenders, warming lamps, and coffee grinders. 

 They may perform limited cooking duties 

involving electric or gas grills that do not entail 

cooking over an open flame. They may also cook 

with deep fat fryers that are equipped with and 

utilize devices that automatically raise and lower 

the "baskets" into and out of the hot grease of oil. 

They may not operate NEICO broilers, 

rotisseries, pressure cookers, fryolators, highspeed ovens, or rapid toasters. 
14 & 15 

Years of 

Age 

Continued

is extended to 9 p.m. 

School hours are 

determined by the local 

public school in the area 

the minor is residing while 

employed. 

 They may not perform any baking activities. 

 They may dispense food from cafeteria lines and 

steam tables and heat food in microwave ovens 

that do not have the capacity to heat food over 

140o F. 

 They may not operate, clean, set up, adjust, repair 

or oil power driven machines including food 

slicers, grinders, processors, or mixers. 

 They may clean kitchen surfaces and non-powerdriven equipment, and filter, transport and 

dispose of cooking oil, but only when the 

temperature of the surface and oils do not exceed 

100o F. 

 They may not operate power-driven lawn 

mowers or cutters, or load or unload goods to or 

from trucks or conveyors. 

 They may not work in freezers or meat coolers, 

but they may occasionally enter a freezer 

momentarily to retrieve items. 

 They are prohibited from working in any of the 

Hazardous Orders (discussed above for 16- and 

17-year-olds). 

 

Under 14 

Years of 

Age 

Children under 14 years of age may not be employed in non-agricultural 

occupations covered by the FLSA, including food service establishments. 

Permissible employment for such children is limited to work that is exempt from 

the FLSA (such as delivering newspapers to the consumer and acting). Children 

may also perform work not covered by the FLSA such as completing minor 

chores around private homes or casual baby-sitting. 

Work Experience and Career Exploration Program (WECEP) 

WECEP is a program designed to provide a carefully planned work experience and career 

exploration program for 14- and 15-year-old youths who can benefit from a career 

oriented educational program designed to meet the participants' needs, interests and 

abilities. The program is aimed at helping youths to become reoriented and motivated 

toward education and to prepare them for the world of work. 

State Departments of Education are granted approval to operate a WECEP by the 

Administrator of the Wage and Hour Division for a 2-year period. Certain provisions of 

child labor provisions are modified for 14- and 15-year-old participants during the school 

term. 
Students enrolled in an authorized WECEP: 

 My work during school hours. 

 May work up to 3 hours on a school day; and as many as 23 hours in a school week. 

 May work in some occupations that would otherwise be prohibited under a variance 

issued by the Administrator, but they may not work in manufacturing, mining or any 

of the 17 Hazardous Occupations. 

Individual employers may partner with participating local school districts in those states 

authorized to operate WECEPs. 

Work-Study Program (WSP) 

WSP is a program designed to help academically oriented students enrolled in a college 

preparatory high school curriculum pursue their college diplomas. Some of the hours 

standards provisions of Child Labor Regulation No. 3 are varied for certain 14- and 15-

year-old students participating in a Department of Labor approved and school-supervised 

and administered WSP. Participating students must be enrolled in a college preparatory 

curriculum and identified by authoritative personnel of the school as being able to benefit 

from the WSP. 

Students enrolled in an authorized WSP: 

 May work no more than 18 hours in any one week when school is in session, a 

portion of which may be during school hours, in accordance with the following 

formula that is based upon a continuous four-week cycle: 

o In three of the four weeks, the participant is permitted to work during 

school hours on only one day per week, and for no more than for eight 

hours on that day. 

o During the remaining week of the four-week cycle, such minor is 

permitted to work during school hours on no more than two days, and for 

no more than for eight hours on each of those two days. 

o The employment of such minors would still be subject to the remaining 

time of day and number of hours standards contained Child Labor 

Regulation No. 3 and discussed earlier in this fact sheet. 

 Are held to all the occupation standards established by Child Labor Regulation 

No. 3. 
Where to Obtain Additional Information 

For more information on the FLSA child labor provisions, including a complete list 

of all hazardous occupation orders, visit the YouthRules! Web site at 

www.youthrules.dol.gov. 

For additional information on the Fair Labor Standards Act, visit the Wage and 

Hour Division Web site: http://www.wagehour.dol.gov and/or call our toll-free 

information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-

4USWAGE (1-866-487-9243). 

When state child labor laws differ from the federal provisions, an employer must comply 

with the higher standard. Links to your state labor department can be found at 

www.dol.gov/whd/contacts/state_of.htm. 

This publication is for general information and is not to be considered in the same light as 

official statements of position contained in the regulations. 

U.S. Department of Labor 1-866-4-US WAGE 

Frances Perkins Building TTY: 1-866-487-9243 

200 Constitution Avenue, NW Contact Us

Washington, DC 20210