Child Labor Law FAQ
The Frequently Asked Questions (FAQ) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQ is intended to enhance public access and understanding of IDOL laws, regulations, and compliance information.
The FAQ should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQ are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.
- 1. Who must get a "work permit"?
- 2. How does a minor get a work permit?
- 3. Do minors who are too young to attend school require a "work permit" for modeling/acting/performance work?
- 4. What hours can a minor legally work?
- 5. What kind of jobs are minors prohibited from performing?
- 6. What jobs can minors do with a work permit, based on age?
- 7. What federal laws must employers follow?
Employment certificates, also known as work permits, must be obtained from your local school or school district office for all minors under 16 years of age before beginning work, unless that work is specifically exempted from this requirement. See below for a list of occupations that do not require a work permit. 820 ILCS 206/55
Please note: Questions concerning 16- and 17-year-old workers need to be directed to the U.S. Department of Labor:
U.S. Department of Labor
Wage and Hour Division
230 S. Dearborn Street
Room 412
Chicago, IL 60604-1591
1-866-4-USWAGE
Work permits are not required for the following occupations:
· Minors engaged in the sale and distribution of magazines and newspapers outside of school hours.
· Minors performing household chores or babysitting outside of school hours, if the work is performed in or about a private residence and not in connection with an established business, trade, or profession of the person employing, allowing, or permitting the minor to perform the activities.
Example: A minor who rakes leaves at a neighbor’s home for pay is not required to get a work permit. However, if a professional landscaping company hires a minor to rake leaves for their customers, that work is subject to the Child Labor Law and the minor is required to get a work permit.
· Minors 13 years of age or older caddying at a golf course.
· Minors 14 or 15 years of age who, under the direction of the minor's school, participate in work-based learning programs in accordance with the School Code (for more information on work-based learning, consult the Illinois State Board of Education);
· Minors of any age engaged in agricultural pursuits* (see note below) as members of the farmer’s own family who live with the farmer at the farmer’s principal place of residence (minors who intend to work on a family farm during school hours may need to obtain permission from the superintendent)
o Minors 10 years of age and older working in a gainful occupation in connection with agriculture during school vacations or outside school hours
*See the Child Labor Law Administrative Rule for a definition of “agriculture.”
To begin the process of seeking a minor work permit, the parent/guardian should contact the school district or Regional Office of Education in their area to inquire if it can be obtained locally. If not, a request can be made by contacting the Illinois State Board of Education. Students who do not attend a public or non-public school that is registered with or recognized by the Illinois State Board of Education are not exempt from the work permit requirement, and may seek a work permit from the a registered or recognized school in their area or from the Illinois State Board of Education.
· What if the minor is not enrolled in an Illinois school?
The State Superintendent of Education handles work permit requests from out of state students. TTo begin this process, contact the Illinois State Board of Education by emailing workpermit@isbe.net or by calling 312- 814-2220.
The Illinois Department of Labor does not issue work permits.
Do minors who are too young to attend school require a "work permit" for modeling/acting/performance work?
Yes. All minors under the age of 16 who are working as models, actors, and in performance work must apply for and receive an employment certificate prior to performing the work. 820 ILCS 206 Sections 45-50 and 56 Ill. Adm. Code 250.305-315.
What hours can a minor legally work?
Generally, a minor may NOT work:
- before 7 a.m.
- after 7 p.m. between Labor Day and June 1.
- after 9 p.m. June 1 through Labor Day.
- more than 8 hours when combining school and work hours.
- more than 18 hours during school weeks.
- more than 40 hours during non-school weeks.
- more than six days per week.
However, special work hours provisions apply for minors working for park districts (and parks departments of municipalities) as well as minors working as child performers in television, movies, music, or related entertainment productions. Consult Section 250.302 of the Child Labor Administrative Code for details.
For example:
A minor who goes to school from 8am to 3pm (7 hours) may work for 1 hour between the time they get out of school and 7pm.
A minor who gets out of school early and attends school from 8am-1pm (5 hours) may work 3 hours between the time they get out of school and 7pm.
No matter the number of hours spent in school on any given day, the maximum number of hours a minor may work on any school day is 3 hours.
820 ILCS 206/30
Yes. All minors under the age of 16 who are working as models, actors, and in performance work must apply for and receive an employment certificate prior to performing the work. 820 ILCS 206 Sections 45-50 and 56 Ill. Adm. Code 250.305-315.
Generally, a minor may NOT work:
- before 7 a.m.
- after 7 p.m. between Labor Day and June 1.
- after 9 p.m. June 1 through Labor Day.
- more than 8 hours when combining school and work hours.
- more than 18 hours during school weeks.
- more than 40 hours during non-school weeks.
- more than six days per week.
However, special work hours provisions apply for minors working for park districts (and parks departments of municipalities) as well as minors working as child performers in television, movies, music, or related entertainment productions. Consult Section 250.302 of the Child Labor Administrative Code for details.
For example:
A minor who goes to school from 8am to 3pm (7 hours) may work for 1 hour between the time they get out of school and 7pm.
A minor who gets out of school early and attends school from 8am-1pm (5 hours) may work 3 hours between the time they get out of school and 7pm.
No matter the number of hours spent in school on any given day, the maximum number of hours a minor may work on any school day is 3 hours.
820 ILCS 206/30
There are 27 specific occupations, and 7 specific workplaces, which are considered "hazardous" or inappropriate for employment of minors. (Click here for more details about restricted and prohibited work.) No person may employ, allow, or permit a minor to work in these occupations/workplaces. However, a person may employ, allow, or permit a minor to perform office or administrative support work that does not expose the minor to the prohibited work.
Examples:
A minor may not work in a service station, but may work at an attached convenience store, food service, or retail establishment if that work does not expose the minor to the service station work.
A minor may not perform cosmetology work, but is allowed to perform reception work at the front desk of a salon if that work does not expose the minor to the cosmetology work.
Minors 11 and younger can work as child performers, including acting, modeling, etc., in accordance with the Act.
Minors aged 12 and 13 can officiate youth sports activities for younger children in accordance with the Act.
At 14 and 15, minors can have a larger range of jobs including work in restaurants, retail, and more, in accordance with the Act.
Minors can also perform work, which is acceptable for someone younger, i.e. 12 and 13-year-olds can perform acceptable work for an 11-year-old and so on.
Kids under 16: Non-Agricultural Jobs - 14-15 | U.S. Department of Labor
All kids under 18: What jobs are off-limits for kids? | U.S. Department of Labor