Child Labor Laws in Georgia

The Georgia Department of Labor (GDOL) administers the state’s child labor laws and establishes the framework for employing individuals under the age of 18. These laws basically set a minimum employment age, require work permits for minors under the age of 16, limit work hours to protect minors, and place restrictions on the types of jobs they can take. Employers in Georgia must adhere to both state and federal laws and comply with stricter standards that provide maximum protection to minors.

How the State Regulates Child Labor

Georgia regulates youth employment through several key methods. They are as follows:

• Minimum Age: Georgia sets a minimum age for most employment types, with specific exceptions for certain kinds of jobs.
• Work Permits: Minors under 16 must get an Employment Certificate or work permit before starting employment.  
• Hour Restrictions: State regulations define the maximum daily and weekly hours a minor can/should work, along with the time-of-day curfews for minors under 16.
• Hazardous Occupations: Both state and federal laws prohibits minors from working in hazardous occupations, such as construction sites, machinery and manufacturing industries, etc.  

Relation to Federal Law

Georgia’s child labor laws are quite similar to the federal Fair Labor Standards Act (FLSA). However, in cases of differences, the stricter law is expected to be implemented/enacted. For example, while the state laws allow minors to start working from the age of 12 years for some non-FLSA covered employers, the federal minimum age is 14, which applies to most businesses across the state. Employers subject to the FLSA must follow the work hour limits for 14- and 15-year-olds, since these are stricter than the state laws. 

Minimum Working Age in Georgia

In Georgia, the minimum working age for most non-agricultural work is 14 years, as stipulated by federal law. Meanwhile, state law allows minors, as young as 12 years, to work in certain kinds of conditions, but these usually apply only to employers not covered by the federal FLSA.

Exceptions to the minimum age requirement are as follows:

• Delivering newspapers
• Casual babysitting
• Acting or performing in the entertainment industry
• Working for parents 

Work Permits for Minors in Georgia

To work in Georgia, minors below the age of 16 must obtain an Employment Certificate. However, as of July 1, 2015, a work permit or an Employment Certificate is not required for minors above 16 years of age, except in the entertainment industry.  

The process for obtaining a work permit is as follows:

• After the minor receives a job offer, they must fill out their section of the work permit application, which can be done online or by printing a physical copy. 
• Once they fill the form, they must ask their employer to fill in the rest of the details, including the type of work the minor will do on the job.
• The minor must then submit the completed form along with proof of age to an authorized Issuing Officer at their school or the county school superintendent’s office.
• The Issuing Officer verifies the information and issues the work permit, which the minor then gives to their employer.

Note: Employers must maintain a copy of the work permit in their records for the entire duration the minor works for them.

Hour Restrictions for Minors in Georgia

In Georgia, work hour restrictions typically apply to minors under the age of 16. There are no state or federal work hour limitations for minors aged 16 and 17.

For Minors Aged 14 and 15 (as per the federal law):

• Maximum Hours:
  • 3 hours on a school day or 18 hours in a school week
  • 8 hours on a non-school day or 40 hours in a non-school week
• Time of Day:
  • Must not work during school hours.
  • Must only work between 7:00 AM and 7:00 PM
  • Timing can extend to 9:00 PM between June 1 and Labor Day.

Prohibited Jobs for Minors in Georgia

Both the state of Georgia and federal laws prohibit minors from working in hazardous occupations.

Penalties for Non-Compliance

Violating child labor laws in the state of Georgia can result in both civil and criminal penalties for employers. 

• Parental Liabilities: While parental consent is needed for minors to receive a work permit, the legal responsibility and penalties for non-compliance fall on the shoulders of employers.
• Employer Penalties:

• • Civil Penalties: Employers who fail to comply with state and federal child labor laws are subject to civil money penalties. These are typically gauged based on the severity of the offense, with penalties increasing for repeat violations.
  • Criminal Penalties: Willful and knowing violations of child labor laws may be prosecuted as a misdemeanor and may result in fines and/or imprisonment.

HR Notifications and Documentation

Employers and their HRs must maintain proper documentation to ensure compliance with Georgia’s child labor laws.