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Gig apps and minors: why delivery and rideshare apps say no until 18

Delivery apps set their own minimum ages, and federal child labor law puts tight limits on teens driving for work. Here is what each one says.

By Ian Massaro

Founder and President of KidsKnowRights5 min read

Awaiting professional legal review

Topics:gig workdeliverydrivingchild labor

This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.

A 16-year-old in Tampa, Florida sees friends' older siblings making money on DoorDash and wants to deliver on his bike after school. He downloads the app and gets stuck at the sign-up screen. Two sets of rules are in the way: the app's own age limits, and federal law on young people driving for work.

The apps set their own minimum ages

DoorDash says Dashers must be at least 18 in most states. In Arizona, Colorado, Delaware, Florida, Georgia, Idaho, Kentucky, Montana, New Jersey, New Mexico, Texas, Utah, and West Virginia, the minimum is 19. New applicants in California must be 21. So the Tampa student cannot sign up until he is 19, even on a bike.

These are company rules, not laws, and other apps set their own. Check the requirements page of the specific app before you plan around it.

What federal law says about teens driving for work

The Fair Labor Standards Act (FLSA) is the federal law on wages and child labor. Under a rule called Hazardous Occupations Order No. 2, no employee under 17 may drive a motor vehicle on public roads as part of a job covered by the FLSA.

Seventeen-year-olds may drive for work only in narrow cases. The U.S. Department of Labor lists the conditions: daylight hours only, a valid license, a finished driver education course, no moving violations at hire, and driving that takes no more than one-third of a workday. The driving can never include urgent, time-sensitive deliveries, and the Department names pizza and prepared food as examples. It also cannot include carrying passengers or goods for hire.

That is close to a description of app delivery and rideshare work.

Why Congress gets to set these limits

In Hammer v. Dagenhart (1918), the U.S. Supreme Court struck down an early federal child labor law. In United States v. Darby (1941), the Court overruled that decision and upheld the FLSA, which let Congress set national rules on wages, hours, and child labor.

App companies usually call their workers independent contractors, not employees. Whether a worker is really an employee depends on the facts, and our article on employee or independent contractor explains the test.

If you want to earn money now

Important

Do not use a parent's or older sibling's account. The app approved that person, not you, and we could not confirm that any insurance would cover you if something went wrong.

Look instead for a job where a business hires you directly as an employee, like a restaurant, grocery store, or pool. Then the FLSA's child labor rules and your state's rules protect you. The Department of Labor's YouthRules site lists the jobs and hours allowed at each age.

Remember this

  • DoorDash requires Dashers to be 18 in most states, 19 in thirteen states including Florida and Texas, and 21 for new applicants in California.
  • Under federal law, no employee under 17 may drive on public roads for work.
  • Seventeen-year-olds cannot make urgent, time-sensitive deliveries like pizza or prepared food as employees.
  • Do not work under someone else's app account. A direct job with an employer keeps child labor protections on your side.

Sources

This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.