West Virginia Child Labor Requirements
FACT SHEET 1 GENERAL REQUIREMENTS
1900 Kanawha Boulevard East, State Capitol Complex, Building 3, Room 200, Charleston, WV 25305
www.labor.wv.gov / wageandhour@wv.gov / 304 356 3929 / 304 558 7890
West Virginia Division of Labor
Wage & Hour Section
Child Labor Fact Sheet 1 - West Virginia Code Chapter 21, Article 6
(June 2021)
GENERAL WORK GUIDELINES RELATING TO 14 THRU 17-YEAR-OLD MINORS
West Virginia Child Labor laws apply to the employment of all minors under the age of
eighteen. With the exception of those activities that are specifically exempted by
statute, a minor must be at least fourteen years of age to enter the workforce. Fourteen
through seventeen (14 – 17) year-olds are permitted gainful employment as long as the
requirements of state law relating to child labor are honored.
Exclusions
§21-6-1
West Virginia’s child labor laws only apply when an employment relationship exists between
the minor and employer. That means activities such as casual labor for babysitting and running
errands for friends and neighbors are not applicable to state child labor laws and may be
performed by minors of any age. Minors may also work for a business solely owned by a parent
or guardian at any age outside of state child labor requirements, as long as the type of work
being performed is not considered hazardous by state or federal law.
Other Exemptions Include:
• Domestic services provided within the residence of the employer.
• Performing as an actor or actress in motion pictures, theatrical, radio or
television productions.
• Newspaper delivery.
• Agricultural occupations.
As federal child labor laws may still apply to the following occupations, parents and employers
should always check with the United States Department of Labor to make sure that such work is
also permissible under federal law.
West Virginia Child Labor Requirements
FACT SHEET 1 GENERAL REQUIREMENTS
1900 Kanawha Boulevard East, State Capitol Complex, Building 3, Room 200, Charleston, WV 25305
www.labor.wv.gov / wageandhour@wv.gov / 304 356 3929 / 304 558 7890
State Versus Federal Jurisdiction
As both the state of West Virginia and the federal government enforce laws relating to the
employment of minors, the requirements of both laws must be considered to ensure the higher
standard of each law is observed relating to the safety and well-being of minors in the
workplace. Should state and federal law differ concerning a certain issue, the rule of a higher
standard applies, meaning the law containing the strictest requirement will take precedence.
Requirements Specific to 14 & 15-Year-Old’s
Mandatory Work Permit Requirement - West Virginia requires minors fourteen and fifteen
years of age to obtain a work permit from an individual authorized to issue permits by the
county Superintendent of Schools or by a person authorized to issue education credentials
pursuant to §18-8-12 in the county where they reside before accepting gainful employment.
Minors that live outside the state of West Virginia must also obtain a work permit before
accepting employment in this state. In such cases, an authorized individual from the minor’s
home county and state must issue the work permit using forms prescribed by the
Commissioner of the West Virginia Division of Labor.
Work Permits require the promise of a job, that the minor is attending school, and parental
consent. Homeschooled minors are also eligible to obtain Work Permits.
As federal law does not require a permit of any kind for a minor to be eligible to work, West Virginia’s work permit
and age certificate requirements will apply in all cases relating to the employment of minors.
Hours of Work
Both state and federal child labor laws contain provisions relating to permissible hours of work
for fourteen and fifteen-year-olds. Both laws currently mirror each other relating to these
requirements. Should a conflict occur, the law containing the higher standard, or the strictest
requirement, will apply. Minors that are homeschooled must also comply with these standards.
Permissible Hours of Work for 14 & 15-Year-Old’s
On DAYS when Public School is in Session On DAYS when Public School is not in Session
May not work more than 3 hours per day May not work more than 8 hours per day
May not work before 7:00 a.m. or after 7:00 p.m. May not work before 7:00 a.m. or after 7:00 p.m.
During WEEKS when Public School is in session During WEEKS Public School is in Session but Not Open
May not work than 18 hours per week May not work more than 8 hours per day
May not work before 7:00 a.m. or after 7:00 p.m. May nor work more than 40 hours per week
May not work before 7:00 a.m. or after 7:00 p.m.
WHEN PUBLIC SCHOOLS ARE OUT OF SESSION FOR THE SUMMER (June through Labor Day)
May work 40 hours per week, until 9:00 p.m.
West Virginia Child Labor Requirements
FACT SHEET 1 GENERAL REQUIREMENTS
1900 Kanawha Boulevard East, State Capitol Complex, Building 3, Room 200, Charleston, WV 25305
www.labor.wv.gov / wageandhour@wv.gov / 304 356 3929 / 304 558 7890
Requirements Specific to 16 & 17-Year-Old’s
Age Certificates - Although not required by law, employers may require a sixteen or seventeen-
year-old to obtain an Age Certificate for the sole purpose of verifying the minor’s true age. This
is often required by the employer’s worker’s compensation insurance. Age Certificates are
issued by an authorized individual, in the county where the minor resides and do not require
that the minor is attending school or parental consent. Whenever a West Virginia employer
requires a minor living out of state to obtain an Age Certificate, an authorized individual from
the minor’s home county and state must issue the Certificate using forms prescribed by the
Commissioner of the West Virginia Division of Labor.
Permissible Hours of Work – A sixteen or seventeen-year-old may work the same hours as an
adult, without restriction.
Break Requirements – A sixteen or seventeen-year-old is only entitled to the same break
requirements that are provided for adults, which is a minimum of twenty minutes after working
six or more hours in one day or shift.
Restrictions for All Minors under 18
Minors 14 – 17 may not:
• Work in a bar or other establishment where the primary business activity involves the
consumption of alcohol.
• Be permitted, employed, or suffered to sell, dispense or serve alcoholic beverages in a
place where the consumption of alcoholic beverages is permitted by law.
• May not operate a motor vehicle as a principal part of his or her employment or for
delivery purposes.
Hazardous Occupations
Both state and federal law address occupations that are considered hazardous for minors of
specific age groups. There are seventeen hazardous occupations, or occupation categories, that
apply to minors 14 – 17, and many more that apply specifically to 14 & 15-year-old’s.
Any occupation this is considered hazardous under federal law is also considered hazardous
under state. When unsure if an occupation would be considered hazardous for a specific age
group, please contact the Wage & Hour Section of the West Virginia Division of Labor for
information. Our contact information is provided below.
West Virginia Child Labor Requirements
FACT SHEET 1 GENERAL REQUIREMENTS
1900 Kanawha Boulevard East, State Capitol Complex, Building 3, Room 200, Charleston, WV 25305
www.labor.wv.gov / wageandhour@wv.gov / 304 356 3929 / 304 558 7890
For information relating to federal child labor requirements, visit the United States Department of
Labor’s website @ www.dol.gov or www.youthrules.gov.
