The Washington Department of Labor and Industries (L&I) recently released a new Administrative Policy (ES.C.4.1) that provides guidance on scheduling and hours of work requirements for minors working in both agricultural and non-agricultural industries. The policy outlines the requirements as specified in Washington statutes (RCW 49.12, RCW 49.30, and RCW 13.64.010) and regulations (WAC 296-125-027 and WAC 296-131). It also clarifies when employers can schedule minors to work and the maximum length of their shifts. Here are the highlights:
Non-Agricultural Work Hour Requirements: The Administrative Policy outlines maximum work hour requirements for minors. The hours that minors are allowed to work can vary depending on age, the type of work, and whether school is session.
Hours for 14- and 15-year-olds in non-agricultural employment: This group is capped at 6 days of work per week. Work must be completed outside school hours and between the hours of 7 a.m. and 7 p.m. However, during the summer (June 1 through Labor Day), if the next day isn’t a school day, then they may work until 9 p.m.
- During a school week, this group can work a maximum of 16 hours per week, for up to 3 hours per day on a school day and up to 8 hours per day on a non-school day.
- During winter, spring, and summer vacations, 14- and 15-year-olds may work up to 8 hours per day and 40 hours per week.
Hours for 16- and 17-year-olds in non-agricultural employment: This group is also capped at 6 days of work per week.
- During a school week, this group can work a maximum of 20 hours per week and 4 hours per day on a school day preceding another school day and up to 8 hours per day on non-school days or days preceding a non-school day. This group can begin work no earlier than 7 a.m. and must end by 10 p.m. if there is school the next day; otherwise, they must end work by midnight.
- During winter, spring, and summer vacations, 16- and 17-year-olds may work up to 8 hours per day, 6 days per week, and no more than 48 hours per week. They may also start no earlier than 5 a.m. and must finish work by midnight (or 9 p.m. for minors employed in house-to-house sales). On the Sunday night before school resumes, these teens must end work by 10:00 p.m.
Non-Agricultural Hours of Work Exemptions: Minors who are 16-17 years old and are emancipated by court order are not governed by any limitations under the hours of work regulations. Parent authorization is not required, but minors who are exempt are still subject to all other teen labor laws, including breaks and meal periods, wages, obtaining a work permit, and not allowing minors to work in any prohibited occupation. In addition, 16- and 17-year-olds are allowed to work during school hours if they have their diploma or equivalent, or are enrolled in a Worksite Learning program, excused from attendance by a representative of their school, married, a parent (and listed on their child’s birth certificate), or enrolled in a bona fide college program such as a “running start” program that gives credit toward a degree.
Agricultural Work Hour Requirements: The Administrative Policy also outlines maximum work hour requirements for minors engaged in agricultural work. Agricultural jobs include raising and harvesting crops, handling livestock, farm operations, packing, storing, or processing agricultural and horticultural commodities, etc. For this type of work, all employers hiring minors need a minor work permit. The requirements can also vary depending on age, the type of work, and whether school is in session.
Hours for 12- and 13-year-olds in agricultural employment: Minors under the age of 14 cannot work during school weeks in agriculture. During non-school weeks, 12- and 13-year-olds may work to hand-harvest berries, bulbs, cucumbers, and spinach. This group may work a maximum of 40 hours per week (but not more than 6 days per week) and 8 hours per day. In addition, the work can start no earlier than 5 a.m. and must end by 9 p.m.
Hours for 14- and 15-year-olds in agricultural employment:
- During a school week, this group can work a maximum of 21 hours per week and 3 hours per day on a school day and up to 8 hours per day on a non-school day. This group can begin work no earlier than 7 a.m. on school days and 5 a.m. on non-school days. Those who work in animal agriculture, or in crop production that requires daily attention to irrigation, can begin work no earlier than 6 a.m. on school days. The work must end by 8 p.m. on school days and 9 p.m. on non-school days.
- During winter, spring, and summer vacations, 14- and 15-year-olds may work a maximum of 40 hours per week, 8 hours per day. They may also start no earlier than 5 a.m. and must finish work by 9 p.m.
Hours for 16- and 17-year-olds in agricultural employment:
- During a school week, this group can work a maximum of 28 hours per week and 4 hours per day on a school day and up to 8 hours per day on a non-school day. This group can begin work no earlier than 5 a.m. on school days and must end by 10 p.m. This group cannot work past 9 p.m. on more than two consecutive nights preceding a school day.
- During winter, spring, and summer vacations, 16- and 17-year-olds may work a maximum of 50 hours per week, 10 hours per day (and up to 60 hours per week in the mechanical harvest of peas, wheat, and hay during weeks when school is not in session). They may also start no earlier than 5 a.m. and must finish work by 10 p.m.
Agricultural Hours of Work Exemptions: Under Washington law, minors working in agriculture who are 16-17 years old may be exempt from the hours of work requirements if they are married, a parent (and listed on their child’s birth certificate), or emancipated by court order. Minors who fall under these exemptions are still subject to all other teen labor laws, including breaks and meal periods, wages, obtaining a work permit, and not allowing minors to work in any prohibited occupation.
Tips: We will update our Legal Guide, Child Labor Laws, to be consistent with the policy. Check out L&I’s Youth Employment webpages for Hours of Work and How to Hire Minors for further guidance and visit the Washington Department of Revenue webpage for Minor Work Permits. Also, make sure the minors receive all appropriate training, with special attention to safety procedures and your policy against harassment. Members, contact your Vigilant Law Group employment attorney with any questions.
