The state of Massachusetts has one of the most stringent and comprehensive child labor laws in the nation. The rules establish a minimum working age for minors, mandate a Youth Employment Permit or a work permit, place strict working hour limits, and prohibit minors from working in a wide range of hazardous occupations.
These state laws work in tandem with the federal Fair Labor Standards Act (FLSA), and when state and federal laws differ, employers must follow or comply with the rules that offer the most protection to the minors.
Let’s take a deeper look.
How the State Regulates Child Labor
The state regulates youth employment via many key mechanisms.
- Minimum Age: The state has set the minimum working age at 14, with very few exceptions.
- Work Permits: Minors must have a state-issued Youth Employment Permit or work permit to seek employment in the state of Massachusetts.
- Hour Restrictions: The state has defined specific daily and weekly maximum hours and time-of-day curfews. However, they vary by age and whether or not the school is in session.
- Prohibited Occupations: Both state and federal laws explicitly ban minors from taking employment in dangerous occupations.
- Supervision: The state law mandates that all minors working after 8:00 PM must be under adult supervision.
Relation to Federal Law
In the case of Massachusetts, the law is stricter than the federal child labor law. For example, the state requires work permits for 16- and 17-year-olds, which is not a federal requirement. Massachusetts also has more restrictive hour and time-of-day limits, especially for 16- and 17-year-olds, than the federal FLSA, which hasn’t set limits for this age group. Employers must adhere to these stricter state standards.
Minimum Working Age in Massachusetts
In Massachusetts, the general minimum working age is 14 years. However, some exceptions exist. These include:
- Delivering newspapers
- Working on a farm
- Working in the entertainment industry (requires a special permit)
Work Permits for Minors in Massachusetts
As per the state laws, all minors under 18 years of age must obtain a Youth Employment Permit before beginning employment. The process to get a permit is as follows:
- The minor receives a job offer from an employer.
- The minor completes the employment permit application, with authorization signatures from their parents/guardians and the employer.
- In the case of 14- and 15-year-olds, they must also seek authorization from a physician.
- After completing the form, the minor submits the completed application along with proof of age to the superintendent of schools in their district.
- The superintendent’s office then issues an official work permit to the minor, which they must submit to their employer for record purposes.
Hour Restrictions for Minors in Massachusetts
Working hour limits in Massachusetts are as follows.
| Age Group |
Period |
Maximum Hours |
Time of Day Restrictions |
Additional Notes |
| 14–15 years |
During the School Year |
- 3 hours on a school day or 18 hours per school week
- 8 hours on a non-school day (Saturday, Sunday, holiday)
|
Must only work between 7:00 AM and 7:00 PM |
Must not work during school hours |
| 14–15 years |
During Summer Vacation (July 1 – Labor Day) |
- 8 hours per day or 40 hours per week
|
Must only work between 7:00 AM and 9:00 PM |
No additional restrictions |
| 16–17 years |
All Year |
- 9 hours per day or 48 hours per week
- 6 days per week
|
- Must work between 6:00 AM and 10:00 PM on nights preceding a school day, which can extend to 10:15 PM if business closes at 10:00 PM.
- Can work until 11:30 PM on nights not preceding a school day, which can be extended to 12 AM in restaurants and racetracks
|
No additional restrictions |
Prohibited Jobs for Minors in Massachusetts
Massachusetts law prohibits minors from working in a wide range of hazardous occupations to ensure their safety.
| Category |
Prohibited Roles (Summary) |
Who is Affected |
| Hazardous Machinery |
Operating, cleaning, or repairing power-driven machinery, including food slicers, grinders, mixers, bakery machines, saws, and hoisting apparatus (forklifts). |
Under 18 |
| Driving & Motor Vehicles |
Driving any motor vehicle on a public road as part of a job. Riding as a passenger is also restricted for those under the age of 16 years, except in the passenger seat with a seat belt. |
Under 18 |
| Construction & Height-Related Work |
Wrecking, demolition, roofing, excavation, and any work on ladders or scaffolds. |
– Under 18 (most roles),
– Under 16 (all) |
| Manufacturing & Processing |
Working in a factory or any manufacturing establishment, occupations involving explosives, radioactive substances, or meat processing. |
– Under 18 (most roles),
– Under 16 (all) |
| Food Service |
Cooking (except on grills with no open flame), operating fryolators or pressure cookers, working in freezers or meat coolers, and cleaning surfaces or disposing of grease hotter than 100°F. |
Under 16 |
| Alcohol Sales |
Handling, serving, or selling alcoholic beverages. |
Under 18 |
Penalties for Non-Compliance
Massachusetts has strict laws against child labor law violations. If an employer violates them, they can face significant legal and financial consequences.
- Parental Liabilities: Although parental consent is necessary for minors to seek employment in the state of Massachusetts, legal liability still rests with the employer. But, under Massachusetts law, parents can also be held civilly responsible for willful acts of their minors if that results in injury or damage.
- Employer Penalties:
-
- Civil Penalties: Massachusetts can impose a fine of up to $5,000 for each violation. Furthermore, for each date the violation continues, it will be counted as a separate offense.
- Criminal Penalties: Willful violations can result in criminal charges, which can include fines and potential jail time for repeat offenders.
- Stop Work Orders: The Attorney General’s office has the authority to issue an immediate stop-work order, halting the minor’s work if it is found to be employed in violation of the law.
HR Notifications and Documentation
Companies and their HRs must maintain proper records and comply with the state’s child labor laws.
| Document/Notice |
What to Keep or Post |
Retention & Update Notes |
| Youth Employment Permit |
The original, valid work permit for every employee under 18. |
Keep on file at the worksite for the duration of employment. |
| Proof of Age |
A copy of a birth certificate, passport, or other valid document verifying the minor’s age. |
Required for the permit application and should be kept on file. |
| Time and Payroll Records |
Accurate, true, and complete records of all hours worked and wages paid. |
Must be retained to demonstrate compliance with hour restrictions. |
| Required Posters |
Display state-mandated posters, including the “Notice to Employees” and summaries of child labor laws, in a conspicuous place. |
Update posters as required by state agencies. Digital posting is allowed if all employees have consistent access. |
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