West Virginia is very protective of its young employees and has established a series of rules that employers must follow to safeguard the interests of minors. This includes minimum working age, restrictive working hours, hazardous jobs that are off limits, and the need for a work permit. According to a recently published legislative update (Senate Bill 427, effective July 11, 2025), minors aged 14 and 15 are no longer required to obtain a traditional work permit. However, they must furnish age proof documents and other necessary details to employers before starting employment.
Employers must not only adhere to state regulations but also follow the federal Fair Labor Standards Act (FLSA). However, when the two differ, they must comply with the stricter rules, protecting the interests of minors.
How the State Regulates Child Labor
West Virginia Division of Labor managed the state’s regulations. It defines the laws and ensures they are followed by all employers and employees working in the state. As of July 11, 2025, 14- and 15-year-olds are no longer required to obtain a school-issued work permit. Parental consent, however, is necessary along with proof of age for minors to seek employment. Hour restrictions and job safety rules remain unchanged.
Relation to Federal Law
The state works in tandem with the federal FLSA standards for minimum age, hour limits, and prohibited occupations. However, in some cases, the state laws may differ from the federal rules, such as limiting school-year work hours for 16- and 17-year-olds or expanding hazardous work definitions; employers must follow the state rules.
Minimum Working Age in West Virginia
The general minimum working age in West Virginia is 14 years. However, some expectations exist. These are as follows.
- Work in domestic service
- Perform agricultural work
- Work in the entertainment industry
- Work for one’s own parents/guardians (non-hazardous occupations)
- Delivering newspapers and babysitting
Work Permits for Minors in West Virginia
As of July 11, 2025:
14- and 15-year-olds do not require a traditional work permit. However, they must have:
- Written parental/guardian consent
- Age certificate from the Division of Labor (such as proof of age, school attendance, job details, and parental consent).
16- and 17-year-olds:
- Do not require a work permit, but must provide an age certificate if requested by the employer.
Hour Restrictions for Minors in West Virginia
14 and 15-year-olds
- A maximum of 3 hours per day and 18 hours per week when school is in session
- A maximum of 8 hours and 40 hours per week when school is not in session.
- Must only work between 7 AM and 7 PM (extended to 9 PM from Memorial Day to Labor Day).
- Must not work during school hours.
16 and 17-year-olds
- No specific hour restrictions are defined under the state law.
- Must not work in hazardous occupations and must comply with FLSA if enrolled in school.
Supervision:
- Minors working past 8 PM in service jobs must have adult supervision.
Prohibited Jobs for Minors in West Virginia
| Age Group |
Prohibited Occupations & Special Conditions |
| Under 16 |
Mining, manufacturing, operating motor vehicles or power-driven machinery, construction, and certain food service tasks (e.g., baking, meat processing). |
| All Minors (Under 18) |
No employment in bars, the sale or service of alcohol, certain manufacturing and roofing, demolition, logging, explosives, and other hazardous occupations as defined by FLSA and state law. |
| Special Permits |
A supervision permit may allow extended working hours (up to 11 PM) for 14- and 15-year-olds in certain situations. |
Penalties for Non-Compliance
Employers who violate child labor laws are subject to both state and federal penalties.
- Penalties can range from $50 to $1,000 per violation, and repeat offenders can face increased penalties as well as jail time.
- Willful or repeated violations can be considered misdemeanors and may result in greater penalties and higher fines.
- Civil penalties under federal law can apply for hazardous occupations or hours violations.
- Parents are typically not held liable unless they act as direct employers and knowingly violate the law.
HR Notifications and Documentation
| Document |
Retention & Storage Details |
| Written Parental Consent |
Employers must obtain and maintain clear documentation of parental or guardian permission for minors under 16. |
| Age Certificate |
Must be obtained from the Division of Labor and kept on file; includes birth date, school attendance, job description, hours, and parental consent. |
| Proof of Age |
Acceptable documentation includes a birth certificate or other legal records. |
| Supervision Permit (if applicable) |
Filed for operations past normal hour restrictions. |
| School Verification |
Confirmation of the minor’s attendance may be required for the issuance of an age certificate. |
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