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Child Labour Laws /
Tennessee

Tennessee Child Labor Laws 

The Tennessee Child Labor Act is enforced by the state’s Department of Labor and Workforce Development. It defines the legal framework for hiring employees aged between 14 and 17. The primary objective of this law is to safeguard minors by specifying a minimum working age, restricting work hours, and barring them from working in situations that are harmful or unhealthy for them. Employers in Tennessee must meet both Tennessee’s statutes and the federal Fair Labor Standards Act (FLSA), and must always choose to obey to more stringent provision that best protects the minor.

How the State Regulates Child Labor

Tennessee regulates its child labor laws through various key mechanisms. These are as follows:

  • Minimum Age: The state has established the general minimum age for most minors at 14.
  • Proof of Age: Although the state does not provide a state work permit in writing, it requires employers to secure and maintain proof of a minor’s employment in their records.
  • Hour Limitations: There are statutory maximums for daily and weekly hours, as well as time-of-day curfews, which vary depending on the age of the minor and whether school is in session.
  • Hazardous Occupations: Both state and federal laws identify some specific jobs and tasks that are too dangerous for minors to perform.

Relation to Federal Law

Tennessee’s child labor laws often work alongside the federal FLSA. When state and federal laws differ from one another, employers are expected to follow the stricter rules. For instance, Tennessee state law prevents 16- and 17-year-olds from working after 10:00 PM on a school night. However, this limitation is not expressed in the federal law. On the flip side, the federal law restricts working hours to only 3 hours on school days for 14- and 15-year-olds, which is defined as higher by the state law. 

Minimum Working Age in Tennessee

In general, the minimum working age in Tennessee is 14 years. However, some exceptions do exist. These are as follows:

  • Doing agricultural work
  • Distributing or selling newspapers
  • Working as an actor or performer in the entertainment industry
  • Performing casual work like babysitting or yard work in private homes

Work Permits for Minors in Tennessee

The state does not require minors to have a state-specific work permit. However, employers are legally required to obtain and maintain a copy of one of the following documents as proof of the minor’s age:

  • A birth certificate
  • A passport
  • A state-issued driver’s license
  • A copy of the minor’s school records

Employers must maintain documents in their files for record purposes for the entire duration of the minor’s employment.

Hour Restrictions for Minors in Tennessee

The state has specific working hour limitations per minor’s age. 

For Minors Aged 14 and 15:

  • During the School Year:
    • A maximum of 3 hours on a school day and 18 hours per school week.
    • Must only work between 7:00 AM and 7:00 PM 
    • Must not work during school hours.
  • During Summer Vacation and School Breaks:
    • A maximum of 8 hours per day or 40 hours per week
    • May work between 6:00 AM and 9:00 PM

For Minors Aged 16 and 17:

  • Hours: No state or federal limitation on the number of hours 16- or 17-year-olds must work on a daily or weekly basis.
  • Time of the Day:
    • Must not work between 10:00 PM and 6:00 AM, Sunday through Thursday, on nights preceding a school day.
    • This restriction can be removed with written, notarized parental consent. But minors still must not work past midnight more than three nights per week.
    • They must not work during hours when they are required to be in school.

Prohibited Jobs for Minors in Tennessee

Both state and federal laws prohibit minors from working in occupations deemed hazardous.

Category Prohibited Roles (Summary) Who is Affected
Hazardous Machinery Operating, cleaning, or repairing most power-driven machinery, including meat slicers, bakery mixers, saws, and forklifts. Under 18
Motor Vehicles Driving a motor vehicle on public roadways as part of a job. Under 17 (Limited exceptions exist for 17-year-olds under strict federal rules).
Construction & Height-Related Work Wrecking, demolition, roofing, excavation, and working from ladders or scaffolds. Under 18 (most roles), Under 16 (all)
Manufacturing & Processing Working in plants manufacturing explosives or brick/tile; occupations involving radioactive substances or mining. Under 18
Alcohol Sales Selling, serving, or handling alcoholic beverages for on-premises consumption. Under 18
Food Service Most cooking and baking activities, and working in freezers or meat coolers. Under 16

Penalties for Non-Compliance

Violating Tennessee’s child labor laws can result in significant criminal and civil penalties.

  • Parental Responsibilities: A guardian or parent who knowingly allows an underage child under their authority to work in contravention of the law is guilty of a Class A misdemeanor.
  • Employer Sanctions:
    • Civil Sanctions: Employers receive a warning for a first, unintentional offense. However, repeated offenses are punishable by a fine of between $150 and $1,000 for each offense.
    • Criminal Sanctions: Offenses are typically a Class C misdemeanor. Illegally using a minor who is less than 14 years old, however, is a Class D felony, with punishments ranging from $1,000 to $10,000. Every day a violation exists after notice is a separate offense.

HR Notifications and Documentations

Employers and their HR departments must maintain proper records following the state’s child labor laws.

Document/Notice What to Keep or Post Retention & Update Notes
Proof of Age A copy of a birth certificate, passport, driver’s license, or school record. Must be kept on file for the duration of employment.
Parental Consent (for 16/17-year-olds) Notarized parental consent form to waive late-night work restrictions. Keep on file for any minor working past 10:00 PM on a school night.
Time and Payroll Records Accurate records of all hours worked and wages paid. Must be retained to demonstrate compliance with hour restrictions.
Required Posters Display state and federal labor law posters in a conspicuous place. Ensure posters covering child labor, wages, and safety are visible to all employees.

 

Got questions?

 

What is the age to work in Tennessee?

The minimum age for most employment in Tennessee is 14 years. However, some exceptions exist, such as distributing or selling newspapers, working in the entertainment industry, working for one’s parents, etc. 

Do minors have to have a work permit in Tennessee?

No. The state does not provide work permits. However, employers are required by law to obtain and maintain a copy of the minor’s birth certificate or other suitable proof of age on record.

How late may a 16-year-old work on a school night?

A 16-year-old can work only up to 7:00 PM on a night preceding a school day. However, during the summer, they can work until 9:00 PM.

Are summer jobs subject to special work hour rules?

Yes. During the summer break, 14- and 15-year-olds are allowed to work until 9:00 PM (rather than 7:00 PM) and can work 40 hours a week (rather than 18).

What are the punishments for employing a minor under 14?

Employing a minor under 14 illegally is a Class D felony in Tennessee, punishable by a minimum fine of $1,000 and up to $10,000.

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