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Wage and Hour Division (WHD)

Table of Employment / Age Certification Issuance Practice Under State Child Labor Laws
January 1, 2005

Type of Certificate Issued1

Employment Certificate

Age Certification

Issued by:

Issued by:

State

For minors of age indicated 2

Labor Dept

School

For minors of age indicated 2

Labor Dept

School

Alabama

Under 18 (M)  18 in mines

 

X

Not issued

 

 

Alaska

Under 17

Under 19 if employer licensed to sell alcohol (M)

X3

 

Not issued

 

 

Arizona

Not issued

 

 

Not issued

 

 

Arkansas

Under 16  (M)

X

 

16 and 17  (P)

X

 

California

Under 18 for minors enrolled in school  (M)

 

X

Not issued

 

 

Colorado

Under 16 during school hours  (M)

 

X

Under 18 except not issued to minors under 16 during school hours  (R)

 

X

Connecticut

Under 16  (M)

 

X

16 and 17  (M)

 

X

Delaware

Under 18  (M)

X

X

No provision

 

 

Dist of Columbia

Under 18  (M)

 

X

No provision

 

 

Florida

No provision

 

 

Under 18  (R)4

 

X

Georgia

Under 18  (M)

 

X

No provision

 

 

Guam

Under 16  (M)

X

 

Not issued

 

 

Hawaii

Under 16  (M)

X

 

16 and 17  (M)

X

 

Idaho

Not issued

 

 

Not issued

 

 

Illinois

Under 16  (M)

 

X

16 to 20  (R)

 

X

Indiana

Under 18  (M)

 

X

18 to 21  (R)

 

X

Iowa

Under 16  (M)

5

X

16 and 17  (M)

18 and over  (R)

5

X

Kansas

Under 16 and not enrolled in secondary school

 

 

Not issued

 

 

Kentucky

Not issued

 

 

Under 18  (R) 6

 

X

Louisiana

Under 18  (M)

 

X

No provision

 

 

Maine

Under 16  (M)

X

 

16 and 17 (R)

X

 

Maryland

Under 18  (M)

X

X

No provision

 

X

Massachusetts

Under 16  (M)

 

X

16 and 17  (M)

 

 

Michigan

Under 18  (M)

 

X

No provision

 

 

Minnesota

Under 16  during school hours  (M)

 

X

Under 18, except not issued to minors under 16 during school hours  (R) 7

 

x

Mississippi

Under 16 in mills, canneries, workshops, factories (M)

 

X

Not issued

 

 

Missouri

Under 16  (M)

 

X

16 and over  (R)

 

X

Montana

Not issued 8

 

 

16 and over:  in hazardous occupations  (M); in other occupations  (R)

X

 

Nebraska

Under 16  (M)

 

X

16 and over  (R)

 

X

Nevada

Under 14  (M) 9

 

 

Not issued

 

 

New Hampshire

Under 16  (M) 10

X

 

Not issued

 

 

New Jersey

Under 18  (M)

 

X

18 to 21  (R)

 

X

New Mexico

Under 16  (M)

X

X

16 and 17  (P)

X

X

New York

Under 18  (M)

X – for child performers

X

18 and over  (P)

 

X

North Carolina

Under 18  (M)

X

11

No provision

 

 

North Dakota

Under 16  (M)

X

 

16 and over  (P)

X

 

Ohio

Under 16 at any time, and 16 and 17 during school term  (M)

 

X

Not issued 12

 

 

Oklahoma

Under 16  (M)

 

X

16 and 17  (P)

 

X

Oregon

Not issued 13

 

 

No provision

 

 

Pennsylvania

Under 18  (M)

 

X

No provision

 

 

Puerto Rico

Under 18  (M)

X

 

18 to 21  (R)

X

 

Rhode Island

Under 16  (M)

 

X

16 and 17  (M)

 

X

South Carolina

No provision

 

 

Under 18  (R)

X 14

 

South Dakota

Not issued

 

 

Not issued

 

 

Tennessee

Not issued  15

 

 

Not issued 15

 

 

Texas

No provision

 

 

Under 18  (R)

X

 

Utah

No provision

 

 

Under 18  (R)

 

X

Vermont

Under 16 during school hours  (M)

X

 

Not issued

 

 

Virgin Islands

Under 18  (P)

X

 

No provision

 

 

Virginia

Under 16  (M)

 

X

16 and 17  (R)

 

X

Washington

Under 18  (M)

X

 

No provision

 

 

West Virginia

Under 16  (M)

 

X

16 and 17  (R)

 

X

Wisconsin

Under 18  (M)

X  through permit officers 16

 

18 and over  (R)

X   through permit officers 16

 

Wyoming

Not issued 17

 

 

Not issued

 

 

Footnotes:

1 Table includes both the general certification procedure required by law and those used in practice.  Table does not include exceptions to the general procedures; nor does it identify certificates that may be required for employment in street trades, entertainment, or other work for which a special permit may be required.

2 Under the columns “For minors of age indicated” an entry of  M denotes “mandated,” i.e, the requirement is mandated under State law; R denotes on “Request,” i.e., the certificate is not required under State law, but the law directs an administrative agency to issue the certificate on request; “ denotes “Practice,” i.e., the law makes no requirement, but the State issues the certificate on request.

3 Alaska. In addition to individual certificates, employers may obtain advance approval for a specific job consisting of listed duties permitting them to hire minors, of at least 14 years of age, without prior individual approval.

4 Florida. Employment or age certificates are not required.  However, employers of any minor must obtain and keep on record proof of the child’s age.  An age certificate issued by the district school board is one method of meeting the proof of age requirement.

5 Iowa. Employment and age certificates are issued by both the Division of Job Service of the Department of Employment Services and the schools.

6 KentuckyEmployers of children under age 18 must maintain a proof of age.

7 Minnesota. Age certificates are not required. However, employers of any minor must obtain and keep on record proof of the child’s age.  Age certificates satisfy this requirement as do copies of birth certificates, driver’s licenses, and U.S. Department of Justice Immigration and Naturalization Service Employment Eligibility Verification Form I-9.

8 Montana. No certificate is required at any age in non-hazardous employment.  Since minors under 16 may not work in hazardous employment, certificates for this age category are not deemed necessary.

9 NevadaOnly certificates issued are those for minors under age 14 with written permission of district judge.

10 New Hampshire. Work certificates are not required for 16 – and 17 – year olds.  Instead, employers must maintain on file a signed, written document from the youth’s parent or legal guardian authorizing the employment.  The Department of Safety may issue age certificates to 16 – and 17 – year olds.

11 North Carolina. Employment certificates are issued by the Department of Labor or the County Director of Social Services.

12 Ohio.  Age certificates are not issued, but proof of age is required for minors 16 and 17 years of age for employment during school vacation.  With the approval of the Superintendent of Schools of the district where they live, 16 and 17 year old minors are not required to provide a certificate to be employed at a seasonal amusement or recreational establishment.

13 OregonMinors age 14 – 17 are not required to obtain work permits.  Instead, employers are required to apply for annual certificates to employ these minors.

14 South Carolina. The State Department of Labor issues Federal age certificates upon request for minors under age 18.

15 TennesseeNo certificates are issued.  However, employers of minors under age 18 must obtain and keep on file proof of the minor’s age.  A birth certificate, passport, driver’s license, State issued identification, or parent’s oath as to the minor’s age are acceptable proofs of age under the child labor law.

16 Wisconsin.  Certificates are issued by volunteer permit officers who are representatives of the Department of Industry, Labor, and Human Relations.  Many of the permit officers are school officials, but other public employees such as municipal and county employees and court officials are also included.

17 WyomingEmployers of children under age 16 must maintain a proof of age.

Note:  N/A indicates “not applicable.”  “No provision” as an entry under either employment or age certificate indicates that the issuance of such a certificate is unnecessary because another type of certificate covers all minors.

U.S. DEPARTMENT OF LABOR
Division of External Affairs
Wage and Hour Division
Employment Standards Administration

This document was last revised in December 2004; unless otherwise stated, the information reflects requirements that were in effect, or would take effect, as of January 1, 2005.