Child Labor Laws in Tennessee

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.

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.