Child Labor Laws in Virginia

The state of Virginia has some strict child labor laws enforced by the Department of Labor and Industry (DOLI). They are intended to provide maximum protection to all workers below the age of 18. The regulations typically establish the minimum working age across the state, require work permits for the youngest teens, limit working hours, and restrict employment in hazardous conditions. The state laws operate in tandem with the federal Fair Labor Standards Act (FLSA). 

Let’s take a deeper look at Virginia’s child labor laws. 

How the State Regulates Child Labor

Virginia has established numerous guardrails regarding child labor employment throughout the state. Some measures are as follows:

• Minimum Age: In Virginia, individuals 14 years and above can seek employment, with some exceptions for specific types of work, such as the entertainment industry. 
• Work Permits: It’s important for 14- and 15-year-olds to have a valid Employment Certificate or work permit to be employed. 
• Hour Restrictions: The state has set maximum daily and weekly hours, and time-of-day curfews for minors under the age of 16 years.
• Prohibited Occupations: Virginia law outlines a detailed list of hazardous jobs that all minors under the age of 18 are prohibited from performing.

Relation to Federal Law

Most of Virginia’s child labor laws are similar to the federal FLSA standards but stricter in some cases. Employers must adhere to both state and federal laws and impose those that provide maximum protection to minors. For instance, Virginia’s list of hazardous occupations for those under 18 is stricter and more extensive than the federal list. Employers in Virginia must follow the state’s more stringent prohibitions.

Minimum Working Age in Virginia

The minimum working age in Virginia, as of January 1, 2025, is 14 years. However, several exemptions exist. These include:

• Performing domestic work in a private home
• Occasional yard work at a private home
• Working for one’s parents in a non-manufacturing business
• Working on a family-owned farm, orchard, or garden
• Working as a page or clerk for the Virginia General Assembly
• Acting or performing in the entertainment sector

Work Permits for Minors in Virginia

Virginia’s law mandates 14 and 15-year-olds to obtain an Employment Certificate or work permit from the Virginia Department of Labor and Industry before starting their employment. However, those aged 16 and 17 are not required to have a work permit. 

The process of getting an Employment Certificate is quite simple. The minors must fill in the form, get the necessary details filled out by their employers, get parental or guardian approval, and submit to the DOLI for approval. 

Hour Restrictions for Minors in Virginia

The work hour limit in Virginia varies according to a minor’s age.

For Minors Aged 14 and 15:

• 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 
  • Working hours can extend to 9:00 PM between June 1 and Labor Day.
• Breaks: Minors must be given a break of at least 30 minutes after working for 5 consecutive hours.

For Minors Aged 16 and 17:

• No state or federal laws define working hour limits or the times of day that 16- and 17-year-olds can work. However, their work schedules must comply with Virginia’s compulsory school attendance laws.

Prohibited Jobs for Minors in Virginia

The table below shows occupational work that is strictly off limits for minors under 18 years of age. 

Penalties for Non-Compliance

Violating Virginia’s child labor laws can result in severe penalties for employers.

• Parental Liabilities: Although parental consent is necessary for a minor (14- or 15-year-old) to get employed in the state of Virginia, legal liability rests with the employer. However, any person, including a parent/guardian, who willfully endangers the life or health of a child in their custody or at the place of employment can be found guilty of a Class 6 felony.
• Employer Penalties:

• • Civil Penalties: Employers will face civil penalties of up to $2,500 for each violation of the child labor laws. Any violation that results in the serious injury or death of a minor, the penalty amount can increase to as much as $25,000.
  • Criminal Penalties: Any employer who willfully violates child labor laws in a way that endangers the life of a minor or health can be charged with a Class 6 felony.

HR Notifications and Documentations

Maintaining proper records is a critical component of child labor law compliance in Virginia.