Hiring Minors for the Holiday Rush: What Small Businesses Must Know

The U.S. Department of Labor’s Fair Labor Standards Act (FLSA) sets national standards for when minors can work, what types of jobs they can perform, and how many hours they’re allowed to clock. On top of that, your state may impose even stricter requirements. For instance, in some states, minors need a work permit or age certificate, and local laws often limit night shifts or hazardous tasks like operating machinery or handling alcohol.

Failing to follow these rules doesn’t just risk fines—it can also hurt your reputation in the community. The good news? With a little planning, you can stay compliant and make the most of the extra help this season brings.

What You Need to Know About Work Hours and Pay

When hiring minors, hours matter just as much as pay. Under federal law, 14- and 15-year-olds can only work limited hours—typically no more than 3 hours on a school day or 18 hours per week while school is in session. During holidays or breaks, they can work longer, but never more than 8 hours per day or 40 per week.

Workers 16 or older have more flexibility but may still be subject to state restrictions on late-night or early-morning shifts. Always double-check your local rules, especially if your business stays open past 9 p.m.

As for pay, minors must still receive at least the federal or state minimum wage, whichever is higher. Some states require that even short shifts include rest breaks, and overtime may apply if minors exceed permitted hours.

To keep things simple, post schedules in advance, track hours carefully, and avoid last-minute changes that could push a minor’s schedule out of compliance.

Questions SMBs Should Be Asking About Hiring Minors

Before you finalize your holiday staffing plan, take a few minutes to think through these key points:

• What’s the minimum hiring age for my open roles? Do my job descriptions include any tasks (like using kitchen equipment or driving) that minors can’t legally perform?
• Do I need a work permit for under-18 employees in my state? Who issues the permit—school districts, state labor departments, or both?
• How many hours can minors work during holidays versus school weeks? Will I need to adjust schedules when schools reopen?
• Are my pay and recordkeeping systems compliant? Does my payroll software flag potential overtime or scheduling violations for under-18 workers?

What to Do Next

Once you’ve reviewed the rules and your staffing needs, take these steps to stay compliant and keep operations smooth:

1. Review both federal and state child labor laws—and follow whichever is stricter.
2. Draft or update a Hiring Policy that outlines age, hours, and work permit requirements.
3. Use a written Employment Agreement for each minor employee, including schedule expectations and job duties.
4. Train your managers on how to handle scheduling and supervision for younger staff.
5. Ask Rocket Copilot or a Legal Pro to help you confirm your state-specific obligations before onboarding new hires.

Bringing young workers onto your team can be a great way to build community and energy during the holidays—just make sure your business stays on the right side of the law. Plan ahead, document everything, and you’ll keep both your customers and your compliance record merry and bright.