Child Labor Laws in Oklahoma

When it comes to Oklahoma, the state’s child labor laws are administered by the Oklahoma Department of Labor’s Child Labor Unit. It has established a strong, legal framework defining the rules for minors to protect their interests and provide a safe working environment. These rules typically include the minimum working age, hours, and time of day minors can work, restricted occupations, and employer penalties for violating Oklahoma’s child labor laws.

The rules also state that employers must comply with both state and federal Fair Labor Standards Act (FLSA), always adhering to the stricter provisions to protect minors.

How the State Regulates Child Labor

The state has put in place a strong framework to govern employment in Oklahoma.

• Minimum Age: Minors aged 14 to 18 can get employed in Oklahoma. However, some exceptions allow minors below 14 to work as well.
• Work Permits: According to state laws, minors aged 14 and 15 must obtain an employment certificate or work permit before beginning employment. The same is not mandated for young individuals aged 16 to 18.
• Hour Restrictions: The law defines specific maximum daily and weekly hours and time-of-day curfews for minors aged 14 and 15.
• Hazardous Occupations: Both Oklahoma and federal laws identify specific jobs and tasks that are considered too dangerous for minors to perform, and hence, must not be allowed to work in these occupations.

Relation to Federal Law

In Oklahoma, employers must follow both state and federal child labor laws. However, in cases where the two differ, they must comply with the more restrictive rules. For instance, the federal FLSA is stricter regarding the number of hours 14- and 15-year-olds must work on a school day than the state laws. It suggests that they must work for only 3 hours per day and 18 hours per week. In such a case, employers must comply with the federal laws. For minors aged 16 and 17, Oklahoma’s laws align with the FLSA and do not impose any hour restrictions.

Minimum Working Age in Oklahoma

In Oklahoma, the general minimum working age is set at 14 years. However, some exceptions do exist allowing minors under 14 years of age to work. These include:

• Working on a farm
• Working for one’s parents or in an entity where they hold equity interest (excluding hazardous jobs)
• Delivering newspapers
• Performing in the entertainment industry

Work Permits for Minors in Oklahoma

According to state laws, all minors aged 14 and 15 must obtain an Employment Certificate of Age and Schooling (work permit) before they begin working. Meanwhile, 16 and 17-year-olds do not need a work permit.

The process to obtain a permit is as follows:

• Once the minor receives a job offer from an employer, they must fill out the work permit application. They can get the application from the school principal’s office
• The minor must complete the form by seeking the necessary details from their parents and employers and submit it to the school principal.
• The school principal verifies the minor’s age, school attendance record and then issues the official employment certificate.

The employer must keep a copy of the minor’s work permit in their file for compliance and audit purposes.

Hour Restrictions for Minors in Oklahoma

The state of Oklahoma has imposed work hour restrictions only on younger workers.

For Minors Aged 14 and 15:

• During the School Year (stricter federal rules apply):
  • A maximum of 3 hours on a school day and 18 hours in a school week
  • Must only work between 7:00 AM and 7:00 PM
  • Must not work during school hours.
• During Summer Vacation (June 1 to Labor Day):
  • A maximum of  8 hours per day and 40 hours per week
  • Must only work between 7:00 AM and 9:00 PM.

For Minors Aged 16 and 17:

• Hours: The state and federal government have not imposed any restrictions on the number of hours or the times of day 16- and 17-year-olds may work.
• Break: All minors must receive a 30-minute rest break after working for five consecutive hours, or a one-hour break after working for eight consecutive hours.

Prohibited Jobs for Minors in Oklahoma

The state of Oklahoma restricts minors from working in hazardous occupations. The table below sheds light on these jobs.

For 16 and 17-year-olds, the federal list of 17 hazardous jobs applies, which includes many of the above-listed occupations as well as roofing, excavation, and operating power-driven saws and metal-forming machines.

Penalties for Non-Compliance

Violating child labor laws in Oklahoma can result in in both state and federal penalties.These penalties are as follows:

• Parental Liabilities: The legal responsibility for compliance and any penalties lies with the employer only and not with the parents/guardians.
• Employer Penalties:

• • State Penalties: Employers who violate the child labor laws can face fines up to $1,000 for all related violations. The Oklahoma Department of Labor can further issue a Cease and Desist Order to immediately stop the work in case of repeat violators. Violations, in Oklahoma, can also be prosecuted as a misdemeanor.
  • Federal Penalties: The U.S. Department of Labor can impose separate, and typically larger, civil penalties on employers. The maximum federal penalty is $15,138 per child per violation.

HR Notifications and Documentations

All organizations must maintain proper records and comply with child labor laws in Kentucky.