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A 15-year-old in Chesapeake is offered a summer job at a pool snack bar. Before her first shift, Virginia law says she needs an Employment Certificate. That is a state document, issued by the Virginia Department of Labor and Industry (DOLI), that lets one employer hire one 14- or 15-year-old for a named kind of work. Without it, she should not start.
Getting an Employment Certificate
DOLI issues certificates online through the Virginia Electronic Employment Certificate System. You must be 14 or 15 to apply. You also need a firm job offer first, because the certificate is tied to a specific employer. DOLI says it plainly: do not begin work until the department has issued your certificate.
DOLI asks the teen, the employer, and a parent, guardian, or custodian to read its FAQs before registering, since all three have a part in the process. If the website gives you trouble, the Child Labor unit answers questions at (804) 371-3104 ext. 242.
At 16 and 17, Virginia does not require a certificate. The state rule covers only children under 16.
Hours at 14 and 15, and what changes at 16
Virginia's hours rules for workers under 16 follow the federal Fair Labor Standards Act (FLSA), the national law on wages and child labor. DOLI lists them this way. On a school day, you can work up to 3 hours, and up to 18 hours in a school week. On a day with no school, the limit is 8 hours, and 40 hours in a week with no school. Work must fall between 7 a.m. and 7 p.m. From June 1 through Labor Day, the end time moves to 9 p.m.
You cannot work during school hours unless you are in a school work-training program. After 5 hours in a row, you get a 30-minute meal or rest break.
At 16 and 17, DOLI's guidance lists no daily or weekly hours cap. What stays is the ban on particularly hazardous jobs. Firefighting is one, with a narrow exception for volunteer fire companies at 16 that requires Level One firefighter certification, a parent's permission, and a local ordinance.
Congress's power to set these national rules was settled in United States v. Darby (1941). The Supreme Court upheld the FLSA and overruled Hammer v. Dagenhart (1918), which had blocked an earlier federal child labor law.
Pay: $12.77, with teen exceptions
Virginia's minimum wage is $12.77 an hour, according to the U.S. Department of Labor's state table. It is adjusted every year by a set formula.
The state wage law does not cover every teen, though. Its definition of 'employee' leaves out anyone under 16. It also leaves out anyone under 18 who is enrolled full time in school and works no more than 20 hours a week, teens working for a parent or guardian, and babysitters working fewer than 10 hours a week. If you are in one of those groups, the federal minimum wage may still apply, depending on the employer. Ask which rate you are being paid, and keep your own record of hours.
If something at work seems wrong
Call DOLI's Child Labor unit at (804) 371-3104 ext. 242. Good reasons to call: you are 14 or 15 and working without a certificate, you are kept past 7 p.m. during the school year, or you are asked to do work that looks dangerous. DOLI can fine an employer for each minor employed in violation of Virginia law.
The U.S. Department of Labor's Wage and Hour Division enforces the federal rules. DOLI notes that when both laws cover the same point, the stricter one applies. A parent, a school counselor, or a teacher can make the call with you.
기억하세요
- At 14 or 15, get a firm job offer, then apply for an Employment Certificate from DOLI online before your first shift.
- Under 16: 3 hours on a school day, 18 in a school week, and no work after 7 p.m. except June 1 through Labor Day, when it is 9 p.m.
- Virginia's minimum wage is $12.77, but the state law leaves out workers under 16 and full-time students under 18 working 20 hours a week or fewer.
- Questions or problems go to DOLI's Child Labor unit at (804) 371-3104 ext. 242.
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