Restaurant Guide to Hiring Minors: Labor Laws and Compliance

Hiring minors can fill gaps in your schedule, especially during summer rushes and after-school shifts. But the rules governing young workers are stricter than most operators realize—and violations come with per-occurrence fines that add up fast.

Federal law limits 14- and 15-year-olds to 3 hours on school days, 18 hours per school week (with exceptions for approved Work Experience and Career Exploration Programs allowing up to 23 hours), and generally requires shifts to end by 7 p.m. (9 p.m. from June 1 through Labor Day). State laws often go further. This guide breaks down age requirements, hour limits, prohibited tasks, work permits, and how to stay compliant without adding another spreadsheet to your life.

What federal child labor laws apply to restaurants

The Fair Labor Standards Act (FLSA) establishes federal baseline standards for minor employment in restaurants nationwide, alongside (and sometimes supplemented by) stricter state laws. It sets strict limits on hours and tasks for workers under 18, with a focus on balancing school and work while keeping young workers safe. For 14- and 15-year-olds specifically, federal law caps work at 3 hours on school days, 18 hours during school weeks (with an exception for approved Work Experience and Career Exploration Programs allowing up to 23 hours), and generally requires shifts to end by 7 p.m. (or 9 p.m. from June 1 through Labor Day).

Here’s the catch: state laws can be stricter than federal law. When they are, you follow whichever rule gives the minor more protection. So if federal law allows a 16-year-old to work until midnight but your state says 10 p.m. on school nights, you go with 10 p.m.

The FLSA covers four key areas for minors:

• Age minimums: How old someone has to be to work in your restaurant
• Work hours: When and how long minors can work each day and week
• Prohibited tasks: Equipment and duties that are off-limits by age
• Recordkeeping: Documentation you’re required to keep on file

Minimum age requirements for restaurant workers

The question operators ask most often: “How old does someone have to be to work here?” The answer depends on the job and the hours you’re offering.

Workers 18 and older

Once someone turns 18, federal child labor restrictions no longer apply. They can work any shift, operate any equipment, and serve alcohol where state law allows. No hour limits, no task restrictions from a child labor perspective.

Employment rules for 16 and 17 year olds

Workers in this age group have more flexibility than younger teens, but they’re not in the clear. Federal law doesn’t limit their hours, though many states do, especially on school nights.

The bigger issue is equipment. Workers under 18 still can’t operate certain hazardous machinery, even if they’re otherwise treated like adults on the schedule. Most restaurant work is permitted, but specific hazardous occupations remain off-limits.

Employment rules for 14 and 15 year olds

This is where compliance gets tricky, and where most violations happen. The rules are strict for both tasks and hours.

Permitted tasks include cashiering and hosting, bussing tables and cleaning, dishwashing by hand, and basic food prep that doesn’t involve cooking or baking. What 14- and 15-year-olds can’t do: bake (completely prohibited), operate power-driven equipment, or work during school hours. Limited cooking is allowed on electric or gas grills without open flames and certain automatic-basket deep fryers, subject to additional restrictions.

Workers under 14 and family business exceptions

Generally, children under 14 can’t work in restaurants. Period.

However, there’s one exception worth knowing: under federal law, children of any age may work for a restaurant entirely owned by their parent(s) in non-hazardous jobs. This doesn’t extend to corporations, partnerships, or businesses with non-family owners. Keep in mind that hazardous work remains prohibited for anyone under 18, and state child labor laws may impose additional restrictions on this exception.

Work hour limits for minor employees in restaurants

Knowing when minors can work is just as important as knowing what they can do. Get this wrong, and you’re looking at per-violation fines that add up fast.

School day and school week limits for 14 and 15 year olds

Federal law places strict restrictions on when 14- and 15-year-olds can work during the school year. The rules apply when school is in session for the county where the minor lives, not where your restaurant is located.

Restriction	Limit
Earliest start time	7 a.m.
Latest end time	7 p.m. (9 p.m. June 1–Labor Day)
Max hours on school days	3 hours
Max hours per school week	18 hours*

*Under standard federal FLSA rules, 14- and 15-year-olds are limited to 18 hours in a school week, with an exception for approved Work Experience and Career Exploration Programs allowing up to 23 hours.

That 7 p.m. cutoff catches a lot of operators off guard. Your Friday dinner rush is just getting started, and your 15-year-old host has to clock out—unless it’s during the summer period when they can work until 9 p.m.

Summer and non-school period limits for 14 and 15 year olds

During summer break, winter break, and other non-school periods, the rules loosen up. The latest end time extends to 9 p.m. from June 1 through Labor Day. Max hours per day increase to 8 hours, and max hours per week increase to 40 hours.

This is when younger workers become more useful for coverage. Just remember: summer rules only apply during actual school breaks, not just because it’s June.

Work hour rules for 16 and 17 year olds

Federal law doesn’t restrict hours for 16- and 17-year-olds. They can work the closing shift, pull doubles, whatever you need.

But many states do have restrictions. Some cap hours on school nights. Others require minors to be off by 10 p.m. or 11 p.m. This is one of the most common compliance gaps: operators assume no federal limit means no limit at all. Check your state labor department website for specific hour restrictions.

Equipment and tasks minors cannot perform in restaurants

The FLSA defines “Hazardous Occupations Orders” that prohibit minors from certain tasks. Violations here carry the steepest penalties, especially if someone gets hurt.

Power-driven meat slicers and grinders

Workers under 18 cannot operate, clean, set up, adjust, or repair power-driven meat processing machines. This includes deli slicers, one of the most common pieces of equipment in any restaurant. They also can’t feed products into the machines or remove products from them.

Commercial fryers and cooking equipment

For 14- and 15-year-olds, baking is completely prohibited. Limited cooking is allowed on electric or gas grills without open flames and certain automatic-basket deep fryers, subject to additional restrictions.

For 16- and 17-year-olds, most cooking is allowed. However, there are specific restrictions on deep fryers at quick-service restaurants depending on the equipment’s safety features. A limited exemption exists, but it’s narrow. When in doubt, keep minors away from the fryer.

Balers, compactors, and power-driven equipment

Workers under 18 cannot operate or unload paper balers or trash compactors. Workers 16–17 may load only certain scrap paper balers and paper box compactors if specific federal safety requirements are met. This catches many restaurants off guard because cardboard balers are common in back-of-house operations. The restriction also covers forklifts and power-driven hoisting equipment.

Motor vehicle operation and delivery driving

Workers under 18 generally cannot drive as part of their job. A limited exception exists for 17-year-olds under very specific conditions: driving only during daylight hours, having a valid license, no route deliveries or route sales, and no towing involved, among other requirements.

In practice, most delivery driver positions require workers to be 18 or older.

Tasks minors can safely perform in restaurants

Now for the good news: there’s plenty minors can do. Knowing the permitted tasks helps you build compliant job descriptions and make the most of your younger team members.

Front of house tasks for minor employees

• Hosting and greeting (all ages 14+)
• Cashiering and taking orders (all ages 14+)
• Bussing and resetting tables (all ages 14+)
• Running food, non-alcoholic (all ages 14+, check state alcohol rules)
• Serving tables (typically 16+, state alcohol laws vary widely)

Back of house tasks for minor employees

• Dishwashing by hand (14-15 year olds)
• Dishwashing with machine operation (16+, varies by equipment)
• Basic prep without cooking or baking (14-15 year olds)
• Cooking and baking (16+ only)
• Cleaning and stocking (all ages 14+)

How state labor laws differ from federal requirements

When state and federal laws conflict, you follow whichever provides greater protection to the minor. This typically means the stricter rule wins.

Common state variations include stricter hour limits (many states cap hours for 16- and 17-year-olds on school nights), earlier curfews than federal law, additional prohibited tasks that federal law allows, and work permit requirements that federal law doesn’t mandate. States like California enforce particularly strict requirements that go well beyond federal standards.

Your state labor department website is the definitive source. Bookmark it.

Break requirements for minor employees

Federal law doesn’t require meal or rest breaks for any employee, including minors. But many states do, and the rules for minors are often stricter than for adults.

Federal break rules for minor workers

The FLSA doesn’t mandate breaks. However, if you provide short breaks (typically under 20 minutes), they’re paid time. Meal periods of 30 minutes or more can be unpaid, but only if the worker is completely relieved of all duties.

State break laws for minor workers

State laws vary significantly. Some require a 30-minute break after five consecutive hours of work for minors. For instance, Florida requires a 30-minute meal break after more than 4 hours of continuous work for minors 15 and under; for 16- and 17-year-olds, the break is required only when scheduled to work 8 or more hours in a day. Others have no requirements at all.

Work permits and documentation for hiring minors

Most states require work permits (also called employment certificates or age certificates, though these terms are not always interchangeable) for minors. The process varies by state, but the general flow is similar.

How to obtain work permits for minor employees

The minor obtains an application from their school or state labor office. A parent or guardian signs the consent form. The employer completes the section describing job duties. The school or issuing officer approves and issues the permit. Then the employer keeps the permit on file.

Permits may need renewal annually or when the minor changes jobs. Some states require new permits for each employer.

Records you keep for minor employees

Accurate records are your proof of compliance during an audit. Maintain proof of age (work permit, birth certificate, or other valid verification), the work permit itself for the duration of employment, accurate time records showing hours worked each day and week, and documentation of job duties assigned.

Penalties for violating child labor laws in restaurants

Under current WHD guidance (effective November 2023), child labor civil money penalties are assessed per violation, and multiple penalties may be assessed for the same minor if multiple violations occurred. Fines add up quickly when you’ve got multiple young workers on staff.

Per-violation fines mean each violation can result in a separate penalty. Willful or repeat violations lead to substantially higher fines. Violations causing serious injury carry the steepest penalties. And investigations and confirmed violations may become public record depending on jurisdiction and investigation status, which can affect your restaurant’s reputation.

The Department of Labor can assess civil money penalties for child labor violations. Investigators may also provide notice of violations and seek compliance agreements before or alongside enforcement actions.

Simplify compliance by scheduling minors correctly

Most compliance issues trace back to scheduling. Tracking hour limits, school schedules, and age-based restrictions manually is time-consuming and error-prone. One busy Friday night, one manager who forgot a 15-year-old’s 7 p.m. cutoff, and you’ve got a violation.

Scheduling software built for restaurants can flag potential violations before they happen by storing employee ages and automatically enforcing hour restrictions. Labor compliance tools specifically identify minor employees on the schedule and help restaurants comply with local labor laws. Tools like 7shifts let you set minor-specific scheduling rules so you don’t accidentally schedule a 15-year-old past curfew on a school night. Start a free trial to see how automated compliance checks work.

Related watch: Winning the restaurant hiring game

FAQs about minor labor laws in restaurants

Can restaurant owners employ their own children at any age?

Yes, under federal law, children of any age may work for a restaurant entirely owned by their parent(s) in non-hazardous jobs. This exception doesn’t apply to corporations, partnerships, or franchises with non-family owners. Keep in mind that hazardous work remains prohibited for anyone under 18, and state child labor laws may impose additional restrictions.

Do minor employees earn the same minimum wage as adults?

Federal law allows a lower youth minimum wage of $4.25 per hour for workers under 20 during their first 90 consecutive calendar days of employment. However, many states require the full minimum wage for all workers regardless of age. Check your state law.

Do employment rules change when a minor employee turns 18?

Once an employee turns 18, federal child labor restrictions no longer apply. They can work unlimited hours and perform any task. Update your records accordingly and remove any scheduling restrictions you had in place.

Can minors serve alcohol or work in bar areas?

State laws govern alcohol service, and rules vary widely. Some states allow minors to serve alcohol in restaurants while others prohibit it entirely. Check your state’s alcohol control board regulations for specific guidance.

Does every state require work permits for minor restaurant employees?

Most states require work permits for minors under 16 or 18, but requirements vary. Contact your state labor department or local school district to confirm what’s needed in your area.