Child Labor FAQ

 

Not unless the neighbor is acting in the capacity of an employer and is hiring the minor as an actual employee of their business. Such casual work outside of an employment relationship is not covered by state child labor laws.

 

 

A parent or legal guardian may hire his or her own children to work for his or her solely owned business at any age without having to obtain an age certificate in this state. However, should there be additional owners such as partners, corporate officers, or limited liability members involved, the exemption for obtaining an age certificate would no longer apply.

 

 

Fourteen is the minimum age that a minor may be legally employed unless that minor is working for a business solely owned by a parent or guardian, or the type of work being performed is not covered by state child labor laws.  Some examples of work that is not covered include agriculture and horticulture occupations that have not been declared hazardous by the United States Department of Labor, domestic services performed within the residence of the employer, acting, work relating to television, radio and other theatrical work, and the delivery of newspapers.

 

 

Fourteen and fifteen year olds are required to obtain an age certificate before accepting any type of gainful employment in West Virginia.  Age certificates are only required by law for 16 and 17 year olds when related to junior volunteer firefighting activities but may be required by employers as proof of age.

 

 

All age certificates are processed and issued by the Division of Labor: www.labor.wv.gov.

 

 

Before a 14 or 15 year old may be legally employed, an age certificate must be obtained which includes the promise of a job, parental consent, verification the minor is attending school, and proof of age. Except for situations involving volunteer firefighting activities, when an employer requests an age certificate for a 16 & 17 year old, they only require the promise of a job and proof of the minor’s age.

 

 

Instead of having two separate forms, the age certificate form now serves as both the application and age certificate. 

For 14 & 15 year old age certificates, Sections A, B, and C of the form are to be completed by the employer, parent, and school registrar. Once that information is obtained, the form is submitted to the Division of Labor for review and processing. The DOL will complete Section D. If approved, the age certificate will be issued.

For 16 & 17 year old age certificates, the form is completed by the prospective employer and the minor. Once that information is obtained, the form is submitted to the Division of Labor for review and processing. If approved, the age certificate will be issued.

 

 

West Virginia child labor laws apply to all minors working in this state, regardless of where they reside. Those minors that do not reside in this state are required to provide a completed West Virginia age certificate form to an authorized individual in their commonwealth or state and county for issuance.  Should that request be denied, the minor will not be eligible to work in West Virginia until the minor reaches the age where an age certificate is no longer required.

 

 

Unless already graduated from high school, fourteen and fifteen year olds must be attending school or be enrolled in a home school program in order to obtain an age certificate. Sixteen and seventeen year olds do not have to be attending school to obtain an age certificate.

 

 

There are many limitations concerning the type of work that can be performed by minors under the age of eighteen. While the majority relate to fourteen and fifteen year olds, certain restrictions apply to sixteen and seventeen year olds as well. For those occupations that are permissible for fourteen and fifteen year olds, it is easier to consider the occupations that are permissible than to look for those occupations that are not permitted.  A listing of permissible occupations for fourteen and fifteen year olds is provided in the General Reference Information for Child Labor and Child Labor Fact Sheet #3. The United States Department of Labor has established seventeen occupations that are considered hazardous for all minors under the age of eighteen. (See General Reference Information for Child Labor) and Child Labor Fact Sheet #4. In addition to these seventeen hazardous occupations, West Virginia state law also restricts minors under the age of eighteen from working in a bar or to be permitted, employed or suffered to sell, dispense, or serve alcoholic beverages in any place where the consumption of alcoholic beverages is permitted by law.

 

 

Sixteen and seventeen year olds are permitted to work the same hours as an adult. There are no restrictions. The permissible hours of work for fourteen and fifteen year olds are outlined as follows:

 

No, as the permissible hours of work for this age group are the same under both state and federal law.

 

 

Yes, home schooled children are required to follow the same requirements as any other minor that chooses to accept employment. That includes obtaining the necessary age certificate, working age appropriate hours, and avoiding hazardous occupations. Home schooled children may obtain a age certificate via our website. Instead of the school registrar, the parent or guardian overseeing the minor’s curriculum may complete Section C of the age certificate application relating to school attendance.

 

 

Fourteen and fifteen year olds that have graduated from high school are not required to obtain an age certificate or adhere to the standards relating to hours of work for this age group. However, hazardous occupation restrictions will still apply.

 

 

Yes, fifteen year olds may be employed as life guards when properly trained and certified in aquatics and water safety by the American Red Cross, or a similar certifying organization. For the purpose of giving swimming lessons, the minor must obtain additional certification as a swimming instructor. Fourteen year olds may not serve as either a lifeguard or swimming instructor in any capacity. See Child Labor Fact Sheet # 3

 

 

Sixteen and seventeen year olds may register as a junior volunteer fireman after meeting the following conditions; He or she must first complete the minimum training requirements of the WVU Fire Service Extension Firefighter Training Section One (or its equivalent), obtain the written consent of his or her parent or guardian to perform such duties, and obtain an age certificate. See Child Labor Fact Sheet # 7

 

 

Yes, all of the following occupations and/or situations are exempt:

Although these occupations are generally exempt, federal child labor hazardous occupation restrictions may still apply.

 

 

In order for state child labor laws to apply, the minor must actually work in West Virginia.  Should a resident minor seek employment outside of West Virginia, the child labor laws in that commonwealth or state will apply.

Effective July 11, 2025, ALL age certificates are processed and issued by the Commissioner of the West Virginia Division of Labor or his or her authorized representative. No exceptions.