Indiana
Child Labor
Overview
Indiana law regulates the hours minors can work and prohibits their employment in hazardous occupations.
Coverage
The law covers employment of minors ages 12 to 18. This summary is limited to coverage of general industry jobs.
Children younger than 14 cannot be employed or allowed to work in any gainful occupation except as farm laborers, domestic service workers, golf caddies or newspaper carriers.
Note: Effective July 1, 2016, a franchisor isn't considered to be an employer or co-employer of a franchisee or its employees, unless the franchisor agrees in writing to assume that role.
Hours of Work
Fourteen- and 15-year-olds can work during non-school hours starting as early as 7 a.m. and ending no later than 7 p.m. (9 p.m. from June 1 to Labor Day). They can work up to three hours on a school day (eight hours on a non-school day) or up to 18 hours in a school week (40 hours in a non-school week).
Sixteen- and 17-year-olds can work up to eight hours a day, six days a week, 30 hours a week or after 6 a.m.; they can work until 10 p.m. on days followed by a school day.
With written parental permission, 16- and 17-year-olds can work up to 40 hours during a school week, nine hours per day and 48 hours in any non-school week. Employers must keep the written permission on file.
With written parental permission, 17-year-olds can work until 11:30 p.m. on nights followed by a school day and can work until 1 a.m. the following day. However, this schedule cannot exceed two nights per week. Employers must keep the written permission on file. Children at least 16 years old are authorized to work to 11 p.m. on a night followed by a school day if their employer obtained written parental permission and placed the permission on file in the employer's office.
Sixteen- and 17-year-olds can work the same daily and weekly hours as adults if they have graduated high school, have completed an approved vocational or special education program or are not enrolled in a regular school term.
Children younger than 18 cannot work in any occupation after 7:30 a.m. and before 3:30 p.m. on a school day unless they give their employers a written exception issued by the schools that they attend.
Children younger than 18 cannot work after 10 p.m. and before 6 a.m. in an establishment that is open to the public unless another employee at least 18 years old also works in the establishment during the same hours.
Meal/Rest Periods
Employees younger than 18 must be given one or two rest breaks totaling 30 minutes if they work at least six consecutive hours.
Work Permits/Certificates
Employers must receive employment certificates from most employees ages 14 to 18.
Employment certificates are not required for children ages 13 to 18 working in farm labor, domestic service or acting as golf caddies or newspaper carriers. Employment certificates also are not required for children younger than 18 who work as actors or performers or who have graduated high school.
As proof of prospective employment, the issuing officer will require a written statement that is signed by the employer, explains the nature of work the child will perform and specifies the maximum number of hours a week that the child will work. After the issuing officer receives the written statement, an employment certificate will be issued to the child.
When children's employment ends, their employers must notify the issuing officer in writing of the termination and the date of termination.
Employment certificates can be used at two locations within the same business if the business complies with the hour restrictions for child labor.
Recordkeeping Requirements
Employers must post a printed notice in a conspicuous place that states the maximum number of hours that children can work each day of the week and the hours of the beginning and ending of each day. The printed forms for this notice are supplied by the Department of Labor.
Employers must keep on file employment certificates for most employees’ ages 13 to 18.
Administration/Enforcement
The Department of Labor administers and enforces the child labor law.
Penalties/Remedies
Employers can receive a written warning for a first hours-of-work violation of less than 30 minutes (violations of more than 30 minutes also receive a written warning), a $50 fine for a second violation ($100 fine for more than 30 minutes), a $75 fine for a third ($200) and a $100 fine for a fourth occurring within two years of a previous violation ($400).
Employers can receive a warning letter for a first employment certificate violation, a $50 fine for a second violation, a $75 fine for a third and a $100 fine for a fourth occurring within two years of a previous violation.
Reference Citations
Ind. Code §§7.1-5-7-13; 20-33-3-1 to 20-33-3-43
Coverage: Ind. Code §23-2-2.5-0.5
Hours of Work: Ind. Code §§20-33-3-22 to 20-33-3-31, 20-33-3-36
Meal/Rest Periods: Ind. Code §20-33-3-30
Work Permits/Certificates: Ind. Code §§20-33-3-5, 20-33-3-12, 20-33-3-13, and 20-33-3-32
Recordkeeping Requirements: Ind. Code §20-33-3-34
Penalties/Remedies: Ind. Code §§20-33-3-39 to 20-33-3-41
Web References
Indiana Laws:
Indiana Department of Labor:
Related Information
Agency information: Indiana Department of Labor, 402 W. Washington St., Room W195, Indianapolis, Ind. 46204; (317) 232-2655
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Created: July 2017