Employers are generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. 212(c), and FLSA regulations at 29 CFR Part 570. Certain provisions of West Virginia state law may be less restrictive than federal law, and employers covered by the FLSA that only follow a less restrictive provision of West Virginia state law will be in violation of federal law. See 29 U.S.C. 218(a). For more information on federal child labor law, please visit the U.S. Department of Labor's Wage and Hour Division Website at USDOL W&HD.
West Virginia Child Labor Laws provide an opportunity for minors fourteen through seventeen years of age to enter the workplace in a safe and conducive environment that promotes responsibility and educational opportunities. Child labor laws establish the guidelines for work permits, age certificates, the permissible hours of work for children the ages of fourteen and fifteen as well as those occupations determined as hazardous for each age group.
Child labor laws do not apply to every situation. Work performed for friends and neighbors outside of an employer / employee relationship such as babysitting, lawn mowing, running errands etc., are not covered. Some specific occupations are also excluded. Those occupations include domestic services performed within the residence of an employer; newspaper delivery; agricultural work; work performed for a parent or legal guardian in their solely owned business as well as performing as an actor in motion pictures, theatrical, radio or television productions.
Child Labor FAQ
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Child Labor General Reference Guide
Child Labor Statute & Legislative Rule