Child Labor Law Compliance for Restaurants Hiring Teens

Last updated: May 2026

Restaurants hire more teenagers than almost any other industry. Host stands, dishwashing stations, counter service positions — these are often a 15-year-old’s first job. That’s completely normal. What’s not acceptable is getting the hours, schedules, or job assignments wrong.

The federal Fair Labor Standards Act sets baseline rules for employing minors in the United States, and most states layer additional requirements on top. A single violation can trigger a Department of Labor investigation, civil penalties up to $15,625 per violation, and — if a minor is seriously injured — criminal charges. The rules aren’t complicated. They just require consistent attention.

This guide covers what restaurant operators and HR managers need to know about hiring teens in restaurant environments: federal age and hours restrictions, prohibited job duties, work permit requirements, and how to build a compliance process that holds up under scrutiny.

Federal Child Labor Rules Under the FLSA

The FLSA divides minor employees into two groups, each with different rules. Your compliance obligations depend on the employee’s age, not just their job title.

Ages 14 and 15

Fourteen and fifteen year olds can work in restaurants, but federal law restricts both what they can do and when they can work. Here are the hour limits that apply:

• During the school year: no more than 3 hours on a school day, 18 hours per week, and no work before 7 a.m. or after 7 p.m.
• During summer (June 1 through Labor Day): no more than 8 hours per day, 40 hours per week, and work is permitted until 9 p.m.

Job duties for this age group are significantly restricted in restaurants. They can take orders, clean tables, operate a cash register, and perform dishwashing with non-hazardous equipment. They cannot cook, operate grills, use commercial mixers, or handle knives in food prep. The list of prohibited tasks is more specific than most operators realize.

Ages 16 and 17

Federal law does not restrict the hours that 16 and 17 year olds can work. They can work late nights, full-time hours, and open shifts without violating FLSA hour rules. However, they’re still prohibited from performing hazardous work — and that includes specific kitchen tasks.

Many states impose their own hour restrictions on 16 and 17 year olds during school weeks, even when federal law doesn’t. Check your state’s rules before scheduling.

Age 18 and Over

Employees who are 18 or older are treated as adults under federal child labor law. No hour restrictions, no hazardous work prohibitions tied to age. Standard labor law applies.

What Kitchen Jobs Are Off-Limits for Minors?

This is where most restaurant violations originate. Operators assume a 17-year-old can do anything an adult does, or they don’t track whether a 15-year-old ends up at a grill during a busy rush. Both scenarios create liability.

Under federal law, employees under 18 cannot operate or clean the following in a restaurant environment:

• Meat slicers, grinders, choppers, and cubing machines
• Commercial mixers (including those used for dough or batter)
• Power-driven bakery machines
• Certain deep fat fryers — federal rules permit 16 and 17 year olds to use fryers with automatic basket lowering devices, but only when the oil temperature doesn’t exceed 300 degrees and the controls are positioned to prevent reaching over the hot oil
• Walk-in freezers and meat coolers (for extended periods or as a job assignment, not incidental access)

The fryer rule is the one that surprises most operators. There is a limited federal exemption for 16 and 17 year olds using specially designed equipment under specific safety conditions. Outside of those conditions, all minors are prohibited from that task. When in doubt, keep teens away from the fry station entirely.

State Laws Often Go Further Than Federal Minimums

Federal law sets the floor. Most states have child labor rules that are stricter, sometimes significantly so. Here’s what to check in your state:

• Work permits (employment certificates): Many states require minors to obtain a permit before starting work. Some require employer signatures or school approval. The process varies by state and by age.
• Hour restrictions for 16 and 17 year olds: States like California, New York, and Texas impose school-week hour limits on this age group even though federal law does not.
• Break requirements: Some states mandate meal and rest breaks for minor employees that exceed standard break rules for adults.
• Nighttime restrictions: Several states restrict how late minors (including 16 and 17 year olds) can work on school nights, with cutoffs as early as 10 p.m.

The Department of Labor maintains a state-by-state child labor guide that’s worth bookmarking if you operate in multiple states or are expanding into a new market.

Work Permits and Age Verification: What You Need on File

Even in states that don’t require a formal work permit, you should have age verification documentation on file for every minor employee. Here’s a practical baseline:

• A copy of the employee’s birth certificate, passport, or government-issued ID confirming age
• The work permit or employment certificate if your state requires one
• Written confirmation that the employee and their parent or guardian understand the applicable hour restrictions
• A job assignment checklist confirming the employee won’t be asked to perform prohibited tasks

Keep these documents in the employee file for the duration of employment plus at least three years after separation. DOL audits can reach back that far.

Building a Compliance Process That Actually Works

The biggest compliance failures in restaurant child labor cases aren’t usually intentional. They happen because a manager approved an extra shift without checking the weekly hours total, or a teen got pulled into a task during a busy rush without anyone catching it. The fix is a process, not just a policy.

Here’s what an effective compliance process looks like in practice:

• Flag minor employees in your scheduling system. Managers approving shifts should see a visual indicator when scheduling a minor, along with their remaining available hours for the week.
• Set automatic alerts for hour thresholds. A minor who has worked 17 hours in a school week should trigger an alert before you schedule a third shift, not after.
• Publish a prohibited tasks list at every station. Post it in the kitchen. Make it part of new hire orientation for every minor employee, with a signed acknowledgment.
• Train every shift manager on the rules. The supervisor who covers the 6 p.m. to close shift needs to know these rules as well as the HR manager does.

Netchex helps restaurant operators manage this through its scheduling and HR platform. Minor employee records can be flagged, hour limits tracked in real time, and compliance alerts configured to stop scheduling errors before they happen. See how Netchex time and attendance supports compliant scheduling across your locations.

What Happens When You Get It Wrong

The DOL’s Wage and Hour Division actively investigates child labor violations, including in the restaurant industry. Penalties for violations of the FLSA’s child labor provisions include:

• Civil money penalties up to $15,625 per minor employee affected by a violation
• Higher penalties for repeat offenders or violations that cause serious injury or death to a minor
• Criminal referral in cases involving willful violations or serious harm

Most restaurant operators who receive violations weren’t trying to exploit anyone. They simply didn’t have a system. DOL inspectors don’t make distinctions between negligence and indifference when writing up a citation — the penalty schedule applies either way.

Frequently Asked Questions

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