DOL Enforcement Targets Young Workers

By Sally Weldin, Sr. Human Resource Specialist
Published April 11, 2023

Recent investigations by the U.S. Department of Labor netted thousands of dollars in fines at two well-known establishments, Dunkin Donuts and Sodalicious. The violations involved workers under the age of 16 scheduled for more work hours than permitted by law and operating hazardous equipment. 

The competitive job market has led to a steady increase in wages, making it challenging for employers to hire workers. As a result, employers sometimes turn to younger people to fill openings. Given the number of young workers added to the workforce both during and after the pandemic, the Department of Labor announced a crackdown on child labor after tracking a 69% increase in illegally employed minors since 2018. 

All states have child labor laws. Child labor regulations in Illinois include: 

• Any child in Illinois under the age of 16 must present a work permit or employment certificate verifying their age before beginning employment. Employers will be subject to fines if they hire workers under 16 years of age who fail to present a valid work permit. 
• Workers under the age of 16 have restrictions on the hours they may work in relation to the school year, as well as the type of work they may perform. Permitted hours of work are detailed on the Illinois Department of Labor site along with prohibited occupations which are deemed to be hazardous. 
• Workers under the age of 16 must complete the Form I-9. Employers should refer to the list of documents and I-9 instructions to see which are acceptable for minors. Minors may have limited forms of identification. If the minor has worked for your organization before, you may only need to complete Section 3 if the rehire period falls within three years of the original hire date. 
• Employers of minors should post a schedule stating the hours of work and time of the lunch period. No minor shall work for more than five hours continuously without a break of at least thirty minutes for a scheduled meal period. 
• No minor shall be employed for more than six days in any one week.
• All minors should be classified as non-exempt employees, which means they are eligible for overtime at the rate of 1.5 times their hourly rate when working over 40 hours within a workweek.
• Employers should have the most recent Illinois Department of Labor notice posted which details Child Labor protections and lists the Child Labor Hotline phone number.

Illinois employers must also be aware of federal child labor protections which cover minors under the age of 16 as well as minors aged 16 and 17 years old. Federal law establishes safety standards and restrictions for young workers 16 and 17 years old in non-agricultural industries. While hours of work are not restricted for minors this age, they are covered under the Illinois One Day Rest in Seven regulations for meal periods and number of days worked within a workweek if they work more than 20 hours.

Individuals 18 years of age and up are not subject to federal child labor regulations but employers should request proof of age. 

Questions? Members can contact us through the HR Hotline online or at 800-448-4584.