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A Guide to Child Labor Laws in Virginia
Child labor law violations are on the rise. According to the Department of Labor, there were a total of 955 cases involving child labor violations in 2023, up from 835 in 2022 and 747 in 2021. But even as the problem of child labor grows (albeit modestly), several states have loosened restrictions or are in the process of loosening restrictions on child labor. While Virginia is not among those states, our Norfolk employment lawyers nevertheless think that now is a good time for employers to brush up on the basics of child labor laws in Virginia to mitigate the risk of violating them.
General Restrictions on Child Labor in Virginia
Like most states, the extent to which minors are permitted to work in Virginia depends upon the age of the minor and the type of work they are engaged in. The default restrictions on child labor in Virginia are as follows:
- Children under the age of 14 may not be employed in any gainful occupation
- Children under the age of 16 may not be employed in any gainful occupation during school hours
Of course, there are numerous exceptions to these rules, as discussed below.
Exceptions to Child Labor Restrictions
Children in the following work scenarios generally are exempt from most child labor restrictions:
- Children engaged in domestic work in their own home
- Children employed in occasional work outside of school hours where the work is in connection with the employer’s home but not the employer’s business, trade, or profession
- Children 12 and 13 employed outside of school hours on farms, orchards, or gardens with the consent of their parents
- Children between the ages of 12 and 18 employed as pages or clerks for the House of Delegates or the Virginia Senate
- Children participating in the activities of a volunteer emergency medical services agency
- Children under 16 employed by their parents in an occupation other than manufacturing
- Children 12 or older employed by a charitable organization or unit of state or local government as a referee for a sports program
However, children in the above scenarios are not exempt from laws prohibiting working in potentially unhealthy and/or hazardous jobs.
Employment Certificates
Minors aged 14 and 15 are permitted to work most jobs outside of school hours as long as they obtain an employment certificate. There are three required documents to obtain a certificate: (1) permission to employ (filled out by the child’s parent, guardian, or custodian), (2) intent to employ (filled out by the employer specifying the type of work the minor will be performing), and (3) proof of age. Children working such jobs are subject to certain maximums in terms of the number of hours they may work.
Penalties for Violating Virginia Child Labor Laws
As of July 1, 2024, the penalties for violating Virginia child labor laws are increasing. Whoever employs a child in violation of any child labor law will be subject to a fine of not less than $500 or more than $2,500 per violation. If a child is seriously injured or killed as a result of a child labor law violation, the fine increases to a maximum of $25,000 for each violation.
Contact a Norfolk Employment Lawyer for More Information on the Employment of Minors
For more information about the employment of minors, please contact a Norfolk employment lawyer at Pierce / Jewett by calling 757-624-9323 or using our online contact form.