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Comparison of State and Federal Child Labor Laws Comparison of State and Federal Child Labor Laws

Many businesses that operate in Indiana also have locations outside the state. Sometimes what meets the requirements of federal Child Labor laws may not necessarily satisfy Indiana's regulations. The following is a brief side-by-side comparison of the similarities and differences between the Indiana state Child Labor laws and those at the federal level. For more information about the federal Child Labor laws, please visit http://www.dol.gov/dol/topic/youthlabor/index.htm.

In areas where the laws differ, employers should adhere to whichever law is more stringent which, in nearly all cases, will be Indiana state law.

Hours of Work

Minor's
Age
Indiana
Law
Federal
Law
14-17 Minors working six or more consecutive hours must receive one or two breaks totaling at least 30 minutes

For more information, visit http://www.in.gov/dol/2398.htm#132
No similar requirement
14-15 3 hours on a School Day
8 hours on a Non-School Day
18 hours per School Week
40 hours per Non-School Week
No work before 7:00 AM
No work after 7:00 PM (9:00 PM from June 1 through Labor Day)

For more information, visit http://www.in.gov/dol/2398.htm#128
Same requirements/
Concurrent jurisdiction
16 8 hours per day
30 hours per week
No more than six days during the employer's work week
No work before 6:00 AM
May only work until 10:00 PM

With written Parental Permission:
9 hours per day
40 hours per School Week
48 hours per Non-School Week
Until 12:00 AM on nights not followed by a school day

For more information, visit http://www.in.gov/dol/2398.htm#129
No similar requirement
17 8 hours per day
30 hours per week
No more than six days during the employer's work week
No work before 6:00 AM on school days
May only work until 10:00 PM

With written Parental Permission:
9 hours per day
40 hours per School Week
48 hours per Non-School Week
Until 11:30 PM on nights followed by a school day
Until 1:00 AM on nights followed by a school day, but not on consecutive nights and not more than 2 school nights per week
May work as late as needed on an night not followed by a school day

For more information, visit http://www.in.gov/dol/2398.htm#130
No similar requirement

Posting and Notification Requirements

Minor's
Age
Indiana
Law
Federal
Law
14-17 Notice must be displayed showing the maximum number of hours a child may be employed or permitted to work each day of the week the hours of beginning and ending each day

This poster must be displayed in a conspicuous place in the business or where employee notices are customarily posted

This poster is created by the Indiana Department of Labor and may be found at http://www.in.gov/dol/2400.htm
No similar requirement
14-17 Employers are required to notify minors of their company's break policy and to provide that policy in writing No similar requirement

Work Permits

Minor's
Age
Indiana
Law
Federal
Law
14-17 Nearly all minors 14 through 17 working in Indiana are required to obtain a work permit from an accredited Hoosier school

For more information, visit http://www.in.gov/dol/2398.htm#101
No similar requirement
14-17 Employers are required to immediately provide written notice of a minor's separation from employment to the Issuing Officer at the school where the work permit was issued

For more information, visit http://www.in.gov/dol/2398.htm#101
No similar requirement

Underage Employment

Minor's
Age
Indiana
Law
Federal
Law
under 14 No minor under age 14 may work in any business in Indiana unless working as a golf caddy, newspaper carrier, domestic service worker (babysitter), actor, performer, model or farm laborer (must be 12 or older)

There are no exceptions made under Indiana law for minors working for a parent or person standing in place of a parent in any occupation other than those listed above

For more information, visit http://www.in.gov/dol/2398.htm#101
Federal requirements are nearly identical, but they provide exceptions for minors working in a business owned entirely by a parent or person standing in place of a parent as long as the minor is not working in manufacturing, mining or any of the 17 hazardous occupations

Federal laws also allow minors to work as a homeworker gathering evergreens and making evergreen wreaths

Prohibited Occupations (Non-Agricultural)

Minor's
Age
Indiana
Law
Federal
Law
14-15 Manufacturing and working in workrooms where goods are manufactured Same requirements/
Concurrent jurisdiction
14-15 Mining and working in workrooms where goods are mined Same requirements/
Concurrent jurisdiction
14-15 Processing and working in workrooms where goods are processed Same requirements/
Concurrent jurisdiction
14-15 Operating, tending setting up, adjusting, cleaning, oiling or repairing power-driven machinery Same requirements/
Concurrent jurisdiction
14-15 Cooking and Baking Same requirements/
Concurrent jurisdiction
14-15 Work in freezers or meat coolers Same requirements/
Concurrent jurisdiction
14-15 Preparation of meats for sale Same requirements/
Concurrent jurisdiction
14-15 Working in or about boiler or engine rooms Same requirements/
Concurrent jurisdiction
14-15 Maintaining of a building, establishment machines or equipment Same requirements/
Concurrent jurisdiction
14-15 Operating a motor vehicle Same requirements/
Concurrent jurisdiction
14-15 Working as a vehicle helper Same requirements/
Concurrent jurisdiction
14-15 Loading a motor vehicle Same requirements/
Concurrent jurisdiction
14-15 Catching or cooping poultry for transport to sale or to market Same requirements/
Concurrent jurisdiction
14-15 Transportation of people or goods Same requirements/
Concurrent jurisdiction
14-15 Warehousing and storage Same requirements/
Concurrent jurisdiction
14-15 Communications Same requirements/
Concurrent jurisdiction
14-15 Public messenger Same requirements/
Concurrent jurisdiction
14-15 Youth peddling Same requirements/
Concurrent jurisdiction
14-15 Advertising by holding signs, waving banners or wearing costumes Same requirements/
Concurrent jurisdiction
14-15 Construction/Demolition/Repair Same requirements/
Concurrent jurisdiction
14-15 Using ladders, scaffolds or other similar equipment Same requirements/
Concurrent jurisdiction
14-15 Outside window washing Same requirements/
Concurrent jurisdiction

Indiana state and federal exemptions regarding minors who are exempt by statute or judicial order from attending school past age 14 may be found at http://www.in.gov/dol/2741.htm#1415exempt .

Hazardous Occupations (Non-Agricultural)

Minor's
Age
Indiana
Law
Federal
Law
14-17 Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components Same requirements/
Concurrent jurisdiction
14-17 Occupations of motor-vehicle driver and outside helper Same requirements/
Concurrent jurisdiction
14-17 Coal-mine occupations Same requirements/
Concurrent jurisdiction
14-17 Forest fire fighting and forest fire prevention occupations, timber tract occupations, forestry service occupations, logging occupations, and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill Same requirements/
Concurrent jurisdiction
14-17 Occupations involved in the operation of power-driven woodworking machines* Same requirements/
Concurrent jurisdiction
14-17 Exposure to radioactive substances and to ionizing radiations Same requirements/
Concurrent jurisdiction
14-17 Occupations involved in the operation of power-driven hoisting apparatus Same requirements/
Concurrent jurisdiction
14-17 Occupations involved in the operations of power-driven metal forming, punching, and shearing machines* Same requirements/
Concurrent jurisdiction
14-17 Occupations in connection with mining, other than coal Same requirements/
Concurrent jurisdiction
14-17 Occupations in the operation of power-driven meat-processing machines and occupations involving slaughtering, meat and poultry packing, processing, or rendering* Same requirements/
Concurrent jurisdiction
14-17 Occupations involved in the operation of bakery machines Same requirements/
Concurrent jurisdiction
14-17 Occupations involved in the operation of balers, compactors, and paperproducts machines* Same requirements/
Concurrent jurisdiction
14-17 Occupations involved in the manufacture of brick, tile, and kindred products Same requirements/
Concurrent jurisdiction
14-17 Occupations involving the operation of circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs* Same requirements/
Concurrent jurisdiction
14-17 Occupations involved in wrecking, demolition, and shipbreaking operations Same requirements/
Concurrent jurisdiction
14-17 Occupations in roofing operations and on or about a roof* Same requirements/
Concurrent jurisdiction
14-17 Occupations in excavation operations* Same requirements/
Concurrent jurisdiction
14-17 Minors must be accompanied by someone 18 years of age or older if working past 10:00 PM or before 6:00 AM in a business open to the public. No similar requirement

*Indiana state and federal exemptions for some of the Hazardous Occupations may be found online at http://www.in.gov/dol/2741.htm#1617exempt .

Hazardous Occupations in Agriculture

Minor's
Age
Indiana
Law
Federal
Law
under 16 Operating or connecting/disconnecting implements from a tractor of over 20 PTO horsepower Same requirements/
Concurrent jurisdiction
under 16 Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than 6 inches Same requirements/
Concurrent jurisdiction
under 16 Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees, picking fruit, etc.) at a height of over 20 feet Same requirements/
Concurrent jurisdiction
under 16 Driving a bus, truck, or automobile when transporting passengers, or riding on a tractor as a passenger or helper Same requirements/
Concurrent jurisdiction
under 16 Handling or applying (including cleaning or decontaminating equipment, disposal or return of empty containers, or serving as a flagman for aircraft applying) agricultural chemicals classified As Category I toxins Same requirements/
Concurrent jurisdiction
under 16 Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cord Same requirements/
Concurrent jurisdiction
under 16 Transporting, transferring, or applying anhydrous ammonia Same requirements/
Concurrent jurisdiction
under 16 Operating, starting, stopping, adjusting, maintaining or feeding a trencher or earthmoving equipment Same requirements/
Concurrent jurisdiction
under 16 Operating, starting, stopping, adjusting, maintaining or feeding a fork lift Same requirements/
Concurrent jurisdiction
under 16 Operating, starting, stopping, adjusting, maintaining or feeding a potato combine Same requirements/
Concurrent jurisdiction
under 16 Operating, starting, stopping, adjusting, maintaining or feeding a power-driven circular, band, or chain saw Same requirements/
Concurrent jurisdiction
under 16 Working on a farm in a yard, pen, or stall occupied by bull, boar, stud horse maintained for breeding purposes, sow with suckling pigs, or cow with newborn calf with the umbilical cord present Same requirements/
Concurrent jurisdiction
under 16 Working in a fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere Same requirements/
Concurrent jurisdiction
under 16 Working in an upright silo within 2 weeks after silage has been added or when a top unloading device is in operating position Same requirements/
Concurrent jurisdiction
under 16 Working in a manure pit Same requirements/
Concurrent jurisdiction
under 16 Working in a horizontal silo while operating a tractor for packing purposes Same requirements/
Concurrent jurisdiction

Indiana state and federal exemptions from some of the Hazardous Occupations in Agriculture may be found online at http://www.in.gov/dol/2741.htm#agexempt.