School’s Back in Session: Child Labor Laws Remain an Area to Watch

Key Takeaways

• The U.S. Department of Labor (DOL) continues to bring enforcement actions involving minors, including violations related to work hours and hazardous job duties.
• At the same time, the DOL has signaled that it may reconsider federal restrictions on the hours that 14- and 15-year-olds may work.
• Employers should continue complying with current federal and state requirements while monitoring potential regulatory changes.

Now that the back-to-school rush has settled, employers with teenage workers may want to turn their attention to another issue that follows the school calendar: child labor compliance.

Recent developments present an interesting picture. The DOL continues to announce enforcement actions involving employers that allegedly allowed minors to work impermissible hours or perform prohibited tasks. At the same time, the agency has indicated that it is considering changes to some of the federal rules governing when younger teenagers may work.

For employers that rely on employees under 18 years old, it is an area worth watching.

The DOL Continues to Enforce Child Labor Regulations

Recent DOL activity demonstrates that child labor remains an enforcement issue.

In August 2026, the DOL announced that a South Carolina restaurant group paid $100,000 in civil money penalties for child labor and tip-retention violations after investigators found, among other things, that 14- and 15-year-old employees worked later and longer than federal law permits and that the employer violated the FLSA’s hazardous-occupation provisions for minors. The resolution also required additional compliance measures, including updated policies and manager training.

The DOL has likewise announced child labor enforcement actions involving restaurants and bakery/café operations in Colorado, Texas and Tennessee in 2026, underscoring the agency’s continued scrutiny of youth employment practices in the restaurant industry.

In other words, employers should not interpret the possibility of future regulatory changes as a relaxation of the rules currently on the books.

Could the Federal Rules Change?

The Fair Labor Standards Act (FLSA) establishes federal restrictions on the employment of minors. Those restrictions generally address two areas: when minors may work and what jobs they may perform. Employers also must consider state law, which may impose additional requirements concerning work hours, work permits, school attendance, prohibited occupations and other conditions of employment.

The DOL has signaled that it may reconsider the rules related to permissible working hours for 14- and 15-year-olds. The DOL’s 2026 regulatory agenda indicates it is considering a notice of proposed rulemaking to amend the regulations regarding permissible working hours for 14- and 15-year-olds, though it has not yet stated what the proposed hours would be. The DOL has identified this effort as a deregulatory action, indicating it will consider relaxing the current restrictions on working hours. In the meantime, the existing rules remain in effect.

What Employers Should Do Now

Employers do not need to wait for a federal rulemaking to review their practices.

With school back in session, employers should confirm that schedules for younger employees comply with applicable school-year limitations, review whether minor employees have access to prohibited equipment or assignments, and make sure managers understand that seemingly routine decisions, such as asking a teenager to stay late, cover another shift or help with a piece of equipment, can create a compliance issue.

Multi-state employers should pay particular attention to state requirements. Even if the DOL ultimately loosens federal work-hour restrictions, more protective state laws may continue to limit employers’ ability to take advantage of any additional flexibility.

Employers with questions regarding federal or state child labor requirements should reach out to a Polsinelli attorney.