The Fair Labor Standards Act (FLSA)—which establishes wage and hour standards that apply to most workers at private businesses with annual revenue of at least $500,000, as well as hospitals, care centers, schools, and public agencies—requires that covered employers keep employee time and pay records. Beyond this minimal recordkeeping requirement, other important questions about wage payment are left up to states. The FLSA does not specify, for example, how and whether employers make time and pay records available to employees; when or how often employees must be paid; the manner in which pay can be issued (e.g., cash, check, direct deposit, electronic pay card, etc.); whether and under what circumstances employers can take deductions from workers’ pay; and how and by when employees must be paid following separation from employment.

What are the threats to federal wage payment protections?

Current threats to wage payment protections include:

• Diminished federal Department of Labor (DOL) enforcement capacity: Wage theft is an epidemic across the country, and diminished DOL capacity to enforce federal wage and hour laws will exacerbate this problem. As of May 2025, the number of federal DOL Wage and Hour Division investigators is at an all-time low.
• Attempts to close the Consumer Financial Protection Bureau (CFPB): The 2006 Electronic Funds Transfer Act included important protections for workers who encounter fraud or abuse when attempting to access wages issued via electronic pay cards (including disclosure requirements, error resolution rights, and rights to other options for receiving pay). Trump administration efforts to eliminate CFPB may leave the federal government with little or no ability to enforce these protections.

How can states maintain and strengthen wage payment protections?

States have legal authority to establish their own wage payment standards since most issues related to wage payment are not covered by the FLSA.

Step I: Lock in and enhance federal recordkeeping requirements

At a bare minimum, all states should ensure that state code requires employers to keep detailed employee time and pay records.

• For example, California requires “payroll records showing the hours worked daily” by employees, and California wage orders contain more specific recordkeeping provisions “showing when the employee begins and ends each work period” as well as meal periods and split shift intervals (CA Code Regs Title 8, Ch. 11010, Sec. 7).

Step II: Ensure state code requires timely and accurate payment of wages for all workers

1. Require pay stubs (written wage statements) with each paycheck: Most states require employers to provide workers with a print or electronic pay stub at each payday. Pay stub requirements vary widely by state, and should at a minimum guarantee that workers receive critical information such as the rate of pay, hours worked, gross and net wages, and itemized accounting of any withholdings or deductions. The six states (Alabama, Arkansas, Louisiana, Mississippi, South Dakota, and Tennessee) that still lack a pay stub requirement should adopt one, as Ohio did recently.
2. Ensure timely pay on established paydays: State codes vary widely on the question of how frequently employers are required to pay workers and a few states lack any standard to ensure workers are paid at timely, predictable intervals. As a minimum standard, states should ensure employers are required to issue paychecks at least biweekly or twice per month on a regularly scheduled payday.
3. Regulate forms of payment to prevent wage theft: The proliferation of third-party vendors contracting with employers for payroll services that include use of electronic pay cards or debit cards has increased the risk that workers are charged fees for accessing their pay or are unable to access part or all of their wages. Eleven states already require that employers provide employees the option to receive payment of wages by check and many others set additional guardrails for the use of pay cards. For example, in Connecticut and Illinois employers can only use pay cards if they first obtain employee consent; explicitly offer direct deposit and paper check/cash as alternatives; provide clear written notice disclosing fees and terms of pay cards; and allow employees to revoke pay card authorization and switch to another method of payment at any time. Connecticut also requires that pay cards must allow at least three free withdrawals per pay period without fees.
4. Prevent unauthorized deductions from paychecks: The FLSA minimally bars employers from making deductions that bring a worker’s hourly pay below the federal minimum wage, with exceptions for the “reasonable cost” of items provided to benefit the employee, such as food or lodging. States should at a minimum prohibit employers from taking deductions from workers’ pay without clear written notice and employee authorization. For example, New York state code and accompanying regulations require employee authorization of payroll deductions and specify types of deductions considered legal or illegal.
5. Mandate prompt payment of final paychecks: To prevent the withholding of final paychecks after separation from employment (a common form of wage theft) many states set a deadline by which an employer must issue a worker’s final pay. For example, New Hampshire requires employers to issue final paychecks within three days to workers who are terminated, and no later than the next regular payday if a worker resigns. In Nevada, workers must receive a final paycheck “immediately” if they are terminated, or within a week if they resign or quit. In West Virginia, workers must receive a final paycheck on or before the next regular payday.

Step III: Strengthen wage payment accountability and enforcement

1. Require written notice at time of hire: More states should follow the lead of Minnesota and others by requiring employers to provide written notice of terms of employment at time of hire. This type of notice includes very basic information about employment terms but can be a critical tool for workers and enforcement agencies in the event that wage commitments are not met. Such notices should at a minimum specify the employer(s) name(s) and contact information; the work location, the nature of the work, and expected period of employment; the wage rate including when overtime or premium pay will apply; and benefits to be provided and at what cost (with information provided in a language understood by workers).
2. Strengthen enforcement: States have a host of opportunities to strengthen enforcement of wage payment laws, including:
   • Updating penalty frameworks to ensure fines and damages are adequate to serve as deterrents;
   • Allowing workers to pursue a private right of action (in addition to agency remedies) to address wage payment violations;
   • Enacting strong non-retaliation protections to ensure all affected workers can speak up about violations;
   • Equipping state agencies with adequate resources and staffing;
   • Pursuing joint employer liability for wage claims when necessary; and
   • Adopting tested best practices for strategic enforcement, co-enforcement, and employer and worker outreach and education.

Recommended sources for model legislation on these and related policies:

• Winning Wage Justice (National Employment Law Project)
• The DNA of Worker Rights: Key Building Blocks of California’s Model Framework of Wage and Hour Standards (UC Berkeley Center for Law and Work)
• Wage Theft Policy Playbook (State Innovation Exchange)
• The Labor Standards Enforcement Toolbox (Rutgers Workplace Justice Lab)

The Fair Labor Standards Act (FLSA) establishes a “floor under wages” mandating that employers pay covered employees no less than a minimum hourly rate for all hours worked, whether they are paid on an hourly or salaried basis. The current federal minimum wage is $7.25 per hour—a rate set in 2009. FLSA minimum wage rules apply to all private businesses with annual revenue of at least $500,000, as well as hospitals, care centers, schools, and public agencies. 

The FLSA exempts a variety of specific occupations from the minimum wage, such as newspaper delivery workers, seasonal farm workers, workers in commercial fisheries and canneries, private investigators, and babysitters. It allows workers under 20-years-old to be paid as little as $4.25 per hour for their first 90 days of employment. The FLSA also allows employers who have been granted a certificate from the U.S. Department of Labor (DOL) to pay less than the minimum wage to employees with disabilities. It also allows employers to pay workers who customarily receive tips as little as $2.13 per hour, so long as the tips they receive over the course of a workweek bring them to an average hourly combined wage (tips plus base wage) of at least the minimum wage.

What are the threats to federal minimum wage protections?

• Allowing the value of the minimum wage to continue to erode: Since the federal minimum wage was last raised in June 2009, its value has declined by 30%. At its 1968 high point in inflation-adjusted terms, the federal minimum wage was worth roughly $12 in 2024 dollars. In 2019, the U.S. House passed a bill to gradually raise the federal minimum wage to $15 and then automatically update it for inflation every year thereafter; however, the Senate never took up the bill. Every year it remains unchanged, the purchasing power of the minimum wage erodes, undermining wage growth for millions of low-wage workers, including many earning wages above the minimum. Moreover, without an increase, the gap between the current minimum wage and what would constitute a true living wage gets larger—making any eventual effort to reach a living wage more challenging.
• Continuing to subject tipped workers to a lower and difficult-to-enforce subminimum wage: The subminimum wage for tipped workers was set in 1991 at $2.13 per hour and has not been raised since. At such a low level, many tipped workers effectively receive no pay from their employers; their take-home pay comes entirely from what they receive in tips. Consequently, tipped workers’ income is volatile and unpredictable, and they can be subject to abuse by customers and employers who, in every shift and transaction, hold power over tipped workers’ pay. Although the FLSA requires that employers must “top off” workers’ paychecks if their tips do not make up the difference between the tipped minimum and full minimum wage, this requirement is notoriously hard to enforce.
• Denying minimum wage coverage to some groups of workers: The Trump administration has already taken initial steps to roll back existing DOL rules that ensure minimum wage coverage for direct care workers (home health aides) and has withdrawn a proposed rule that would have phased out programs allowing payment of subminimum wages to workers with disabilities. Proposals laid out in Project 2025 recommend altering the FLSA to allow states to seek waivers to core FLSA provisions—which could open the door to exclusions of additional groups of workers from coverage.
• Increasing likelihood of underpayment: Failure to pay the minimum wage is one of the most common forms of wage theft and diminished DOL capacity to enforce federal wage and hour laws will exacerbate this problem.

How can states maintain and strengthen minimum wage protections?

States have legal authority to establish their own minimum wages that are higher and more expansive in coverage than the federal minimum. Given the very real risk that aspects of FLSA minimum wage protections could be eliminated (or will go unenforced), it is important for states to at least lock in existing FLSA minimum wage protections. However, states should seek to go beyond the current floor, as the federal minimum wage is far too low and does not cover all workers.

Step I: Update state statutes to lock in current federal protections

Because updates to the federal minimum wage have been infrequent and inadequate over the last 40 years, many states—though not all—have established their own minimum wages. The strength of these laws varies greatly. For example:

• 30 states and the District of Columbia have set minimum wages higher than the federal minimum, ranging from $8.75 in West Virginia, to $16.66 in Washington, and $17.50 in the District of Columbia.
• Five states (Tennessee, South Carolina, Louisiana, Mississippi, and Alabama) have no state minimum wage. Two states (Georgia and Wyoming) have state minimum wages below the federal minimum. The federal minimum wage applies in these states to all workers covered by the minimum wage under the FLSA.
• Some states (such as New Hampshire, Idaho, North Carolina, and Texas) set the state minimum to explicitly equal the federal minimum (whatever it may be), while others have set it specifically at $7.25.

To lock in current federal minimum wage protections, states should:

1. Guarantee a strong state minimum wage floor: States without a minimum wage or with one lower than the federal minimum should enact one that is at least as strong as the federal minimum wage—and ideally stronger. States should codify that the state minimum wage always equals the greater of the federal minimum wage or whatever higher explicit value state lawmakers or voters (in the case of a ballot measure) set.
2. Ensure the state minimum wage covers at least those workers covered by the FLSA: Most states, though not all, link coverage of their state minimum wage to the coverage definitions in the FLSA. States should consider spelling out coverage definitions in state code so that currently covered workers remain covered if federal coverage definitions are eroded to exclude certain groups or occupations in the future.
3. Ensure state agencies have authority and capacity to enforce minimum wage laws: Many states rely, at least in part, on federal enforcement of wage and hour laws. Florida, for example, will have a $15 minimum wage in 2026, yet has no state-level wage and hour enforcement body.

State minimum wage rules are typically part of state labor and employment or wage and hour statutes. In some cases, they are set in state constitutions—the result of citizen-initiated ballot measures. Policymakers and advocates should review their state’s labor laws to assess whether their state minimum wage laws codify at least the same level of protection currently provided under the FLSA, and to ensure that the state has the power to enforce its own minimum wage laws without relying on the federal government.

Step II: Raise the minimum wage to an adequate level, set it for automatic annual increases going forward, and eliminate harmful exemptions

While the FLSA sets an important floor for minimum pay, the current level is woefully inadequate and there remain notable gaps in coverage that state policymakers should close. Priority steps states can take to update the minimum wage include:

1. Gradually raise the minimum wage to at least $17 per hour by 2028: Today, there is no county in the country where a single, childless worker can achieve a modest, but adequate standard of living on a wage of less than $15. By targeting at least $17 by 2028, states can raise their minimum wages to an adequate level allowing for any inflation that may occur as the new wage floor is gradually phased in.
2. Gradually raise and eliminate the subminimum wage for tipped workers: There are currently seven states where tipped workers are paid the regular minimum wage, regardless of tips. In these states, tipped worker wages are higher, poverty rates are lower, and the restaurant industry thrives. States should gradually increase the minimum wage that applies to tipped workers (or reduce any “tip credit” employers can claim against their minimum wage obligation) so that eventually all workers are paid the full minimum wage regardless of any tip income.
3. Index the minimum wage for inflation: States should establish that once the minimum wage has reached at least $17 per hour, it must be automatically updated each year to account for any growth in prices over the preceding year. There are 20 states and D.C. that already have automatic inflation-adjustment built into their state minimum wage laws. Most require that the minimum wage be raised the same percentage as any change in the Consumer Price Index (CPI-U) over a preceding 12-month period, rounded to the nearest 5 cents. If the CPI-U decreases, the minimum wage should not be lowered.
4. Codify minimum wage coverage for direct care workers: As noted above, the 2013 FLSA rule that clarified minimum wage and overtime coverage for home care companions who provide direct care services for seniors and persons with disabilities is under attack in the courts, and the Trump DOL has taken initial steps to reconsider it. To protect such workers from losing these key protections, states should ensure that their wage and hour laws clearly cover them. In states where they are exempted or where state coverage of such workers depends on FLSA coverage (such as Connecticut), state laws should be updated to clearly cover such workers, regardless of what happens to the federal rule.
5. Eliminate harmful minimum wage exemptions: Agricultural workers are not covered by the FLSA, a racist holdover from when the act was initially passed in 1938. Other exceptions apply to smaller categories of workers. States have it in their power to eliminate these exemptions. For example, several states—including California, Washington, and Colorado—cover agricultural workers under the state minimum wage. Also, many states have a “training wage” allowing workers—often only those under age 20 or in school—to be paid less than the full minimum wage. Lawmakers should consider whether these training wages are necessary, and if they are maintained, they should be limited to a short period (e.g., 30 days) after a worker’s initial hiring.
6. Ensure localities can establish their own minimum wages above the state minimum: There are nine states in which a city or a county has established a local minimum wage that exceeds the state minimum—with nearly 60 local minimum wages now in effect. Because costs of living can vary considerably within a state, local governments should be able to establish higher wage standards if the people in those localities deem that the state wage floor is inadequate. There are 25 states where state law currently prohibits local wage minimum wages. Lawmakers in those states should reverse that prohibition.

Step III: Modernize minimum wage policies by establishing stronger mechanisms to adjust the level of the minimum wage over time

In addition to codifying FLSA minimum wage rules, setting an adequate minimum wage level, and closing coverage gaps, there are other steps state lawmakers can take to ensure all workers can afford a decent life and benefit from a growing economy.

1. Set the minimum wage to automatically adjust each year based on growth in prices or median wages—whichever is greatest: Indexing the minimum wage to changes in prices ensures that low-wage workers can buy the same amount of goods and services year after year. But as the economy grows and productivity rises, low-wage workers’ standard of living should improve, not just stay the same. Instead of indexing the minimum wage to price changes, lawmakers can index the minimum wage to changes in the median wage.
   • Linking the minimum wage to the median wage ensures that the gap between the lowest paid job and a “middle-class” job never grows; as a middle-class worker’s pay rises, so would pay for a minimum wage worker.
   • Over the long run, wage growth should outpace price growth, but on a year-over-year basis, that may not be true and in some years, median wages could decline. The law should be written such that the minimum wage never goes down and is raised at least as much as any increase in prices—and more when wage growth exceeds price growth.
2. Establish wage boards to periodically evaluate the strength of the minimum wage overall and for specific industries: In some countries—such as the United Kingdom— minimum wage levels are set by boards or commissions (composed of nonpartisan analysts, worker representatives, and members of the business community) that periodically review the level of the minimum wage and recommend changes. In some states—such as in New York and California—there are wage boards for individual industries, such as fast food, that set minimum wages (and potentially other workplace standards) for all workers in that industry. Policymakers should consider establishing or creating mechanisms allowing for such boards to periodically review whether the state minimum wage level is adequate for workers overall, and/or for those in industries with large numbers of low-wage workers.

Additional recommended resources 

• Why the U.S. needs at least a $17 minimum wage (Economic Policy Institute) 

• The impact of the Raise the Wage Act of 2023 (Economic Policy Institute) 

• Minimum Wage Tracker (Economic Policy Institute) 

• Most minimum wage studies have found little or no job loss (Economic Policy Institute) 

• Minimum Wage for Agricultural Workers (The National Agriculture Law Center) 

• Low Wage Workforce Tracker (Economic Policy Institute) 

Editor’s note: This piece was revised on October 23, 2025, to add an “Additional recommended resources” section.

The 1938 Fair Labor Standards Act (FLSA) sets guidelines for the hours and nonhazardous jobs for which employers can hire minors under 16. The FLSA also empowers the Secretary of Labor to prohibit all minor employment in occupations that are particularly dangerous through “hazardous occupations orders.” It covers employers that conduct at least $500,000 in annual sales or any employees engaged in interstate commerce (this coverage is interpreted broadly with respect to child labor—if a firm engages in any form of interstate commerce, its minor workers are covered). Federal law sets an important but limited and increasingly outdated floor for child labor standards. For example, federal child labor standards in agriculture are much weaker than in nonagricultural employment, hazardous occupations orders have not been updated in decades, and there are no work hours protections for minors over the age of 15 (see Table 1).

Table 1

What are the threats to federal child labor standards?

Threats to federal child labor standards include federal proposals to weaken child labor protections and ongoing state-level efforts to erode the FLSA by proposing or enacting state child labor legislation that conflicts with federal law:

• Project 2025, the anti-worker policy roadmap being implemented by the Trump administration, proposes:
  1.  Eliminating federal hazardous occupations orders, which protect minors from employment in particularly dangerous jobs, like mining and roofing; and
  2. Allowing states to obtain waivers from the FLSA—including provisions that prevent harmful forms of child labor.

• In recent years, a coordinated, industry-backed campaign to erode child labor standards has generated proposals in dozens of states to weaken or eliminate state standards exceeding the minimal federal “floor” for child labor protections. Some state lawmakers have gone even further, proposing or enacting bills that directly conflict with federal minimum standards, while stating intent to build pressure for the eventual relaxation or elimination of FLSA standards for the whole country. Common targets for these attacks on state child labor standards include:
  • Eliminating youth work permits
  • Eliminating hours of work guidelines for 16- and 17-year-olds
  • Eliminating meal or rest break requirements for minors
  • Expanding employers’ ability to hire minors for previously prohibited hazardous jobs
  • Lowering the age at which minors can serve alcohol and/or work in establishments serving alcohol
  • Establishing or expanding laws that allow employers to pay students or other youth a subminimum wage
  • Creating new exemptions from state child labor protections, for example for homeschooled youth or youth in certain occupations
  • Creating new systems—such as unregulated “internship” or “work-based learning” programs—that allow employers to skirt child labor laws or hire minors for otherwise prohibited hazardous work

By repeatedly proposing—and in some cases implementing—standards that conflict with federal law, these states are chipping away at the already fragile federal floor for workplace protections.

How can states maintain and strengthen child labor protections?

States have legal authority to establish their own child labor standards; the FLSA sets a floor above which states can adopt and enforce their own stronger standards.

States have historically played a prominent role in setting child labor standards—some states have protections in place that predate the FLSA, and many have long legislated above federal law. Other states maintain standards that generally mirror the FLSA, with few additional protections, and some states have standards that are significantly weaker than the FLSA. In many cases, a state’s standards are stronger than the FLSA in some areas and weaker in others. When a state standard is weaker than the FLSA, federal law applies. However, since only federal agencies can enforce federal laws, state laws that fall short of federal law increase the risk of federal violations while shifting the enforcement burden to already-overburdened federal agencies. Amid Trump administration attacks, federal agencies are now facing even more pronounced staffing shortages that will further limit their enforcement capacity.

In response to increasing child labor violations, many states are already taking action to strengthen state child labor standards and enforcement. Given the very real risk that aspects of FLSA child labor protections could be eliminated (or will go unenforced), all states should at a minimum lock in existing FLSA standards and ensure state capacity to enforce them. Beyond this, states have critical opportunities and responsibilities to modernize child labor standards beyond the minimal, outdated FLSA floor to ensure that minors who must work or choose to work can access safe work experiences that don’t harm their health or education. Fortunately, state lawmakers have an array of options to consider and tested legislative models to use as a guide.

Step I: Update state statutes to lock in current federal protections.

State standards should be at least as strong as those in the FLSA. Ensuring that state standards mirror FLSA minimums protects both employers and children from the risks and confusion that arise when state standards contradict federal law. For example, after a Utah employer was fined for violating federal child labor law for incorrectly following state child labor guidelines that were weaker than FLSA standards, Utah enacted a bill to align state guidelines on hours of work for minors under 16 with FLSA standards.

Weaker standards often appear in areas of state code covering work hours or prohibited hazardous occupations. For example:

• Idaho allows employers to schedule 14–15-year-olds up to nine hours a day or 54 hours per week. Federal law allows employers to schedule 14–15-year-olds up to three hours a day or 18 hours per week in a school week and up to eight hours per day and 40 hours per week in a nonschool week.
• Iowa allows employers to hire 14-year-olds in industrial laundries and 15-year-olds in light assembly work, among other weaker standards. Federal law does not permit 14–15-year-olds to work in these settings.
• West Virginia allows employers to hire 16–17-year-olds enrolled in a “youth apprenticeship program” for all 17 hazardous occupations prohibited for minors under federal law. Federal law allows 16–17-year-olds to perform certain types of intermittent work in only seven of these occupations when enrolled in a bona fide registered apprenticeship program meeting certain stringent standards.

State policymakers should review their child labor statutes alongside federal child labor laws to identify areas of weakness. At a minimum, states should ensure that their guidelines for hours of work and hazardous occupations orders are at least as protective as the FLSA.

Step II: Close coverage gaps and address weaknesses in FLSA minimum protections

States can address many longstanding limitations and gaps in federal child labor protections. Examples of priority actions for state lawmakers to consider include:

1. Maintain effective youth work permit systems: Youth work permits have been shown to reduce child labor violations and aid in enforcement. The FLSA suggests—but does not require—that employers maintain certificates confirming the age of minors they employ. It also does not require minors to receive a permit as a condition of employment. Instead, youth work permit policies have historically been left to states. Most states already have some sort of permit system in place. Youth work permits are often simple, one-page forms that engage employers, parents, youth, and sometimes educators, in ensuring a child’s employment is legal, safe, and age-appropriate. Permits remind employers of existing child labor laws, inform parents of their child’s rights and affirm their consent, and aid state agencies in investigations of potential violations. States without work permit systems should implement them and states with existing work permit systems should assess and modernize their systems, as recently done in Illinois and New York and proposed in California.
2. Implement or expand work hour guidelines for 16- and 17-year-olds: The FLSA sets standards to protect children from excessive hours of work, especially during the school year. However, the FLSA was passed at a time when fewer than half of students completed high school, and its hours of work guidelines have never been updated to cover older minors (16- and 17-year-olds). In the absence of state standards, older teens can be scheduled to work unlimited hours per day or per week, including during school weeks. Some states have already adopted standards to address this gap, but fewer than half of states have hours guidelines in place for older teens. States should set maximum daily and weekly work hours for 16–17-year-olds and prohibit overnight work during the school week. Minimum standards should include limiting employers to scheduling 16–17-year-olds for no more than 32 hours in a school week, as nine states already do,{{1}} and prohibiting employers from scheduling 16–17-year-olds to work after 10 p.m. or before 6 a.m. (or similar), as 20 states and D.C. already do.{{2}}
3. Update prohibitions on hazardous child labor: The FLSA prohibits minors under 18 from working in a list of 17 nonagricultural occupations and 11 agricultural occupations that have been found to be particularly hazardous for minors. Many of these hazardous occupations orders have never been updated. And new orders have not been created to account for new forms of hazards in our modern economy, particularly in agriculture. Moreover, the FLSA opens the door to dangerous exemptions from some hazardous orders,{{3}} with language that allows student apprentices and learners enrolled in approved training programs to do certain types of hazardous work under close supervision. State lawmakers can update prohibitions on hazardous child labor by expanding existing hazardous orders, creating new orders to cover hazardous occupations not covered under federal law, and ending student learner and apprentice exemptions. Lawmakers can use the 2002 National Institute for Occupational Safety and Health recommendations to the U.S. Department of Labor as a guide for revising state hazardous orders. For example, Illinois recently updated and clarified state law to prohibit employment of minors in hazardous workplaces not covered under federal law, such as gun ranges and establishments primarily involved in the sale of tobacco or alcohol.
4. Extend equal protections to children working in agricultural occupations: Agriculture is the most dangerous sector of employment for minors, yet federal child labor standards remain much weaker in agriculture than in nonagricultural industries. State lawmakers can address this longstanding gap in federal law by aligning agricultural child labor standards for work hours and hazardous work with standards for nonfarm work. For example, in 2025, New Jersey lawmakers introduced a bill to raise the minimum age for agricultural employment to 14 and align work hours and hazardous work protections in agriculture with nonagricultural standards, among other updates to protections for farmworkers of all ages.
5. Increase civil penalties to deter violations and update them based on inflation: Under most existing state penalty structures, civil monetary penalties for child labor violations are very limited and, in some cases, nonexistent. Some states levy no civil penalties at all, and many states have not reviewed or updated penalty amounts in decades. In Indiana, for example, penalties range from a warning letter for an initial violation to a maximum of only $400 for a fourth violation within two years. Low or nonexistent penalties that can easily be absorbed as a “cost of doing business” do not deter employer violations and leave state enforcement agencies with few tools for ensuring compliance by bad actors. To ensure penalties serve as effective deterrents and enforcement tools, state lawmakers should set meaningful minimum penalties for first offenses and very high maximum penalties for serious or repeat offenses, as Illinois did in 2024. States can use federal civil penalties and annual adjustments as a benchmark; for example, current federal maximum civil penalties for a child labor violation range from $16,035 to $145,752, and rates are adjusted for inflation each year.
6. Strengthen state enforcement capacity and authority: Ensuring adequate state enforcement of child labor laws will become particularly important as federal enforcement capacity is diminished.
   • States should ensure funding for dedicated child labor enforcement staff so as not to take resources away from other wage and hour investigations. For example, a Virginia lawmaker recently requested an increased budget appropriation for child labor enforcement.
   • States should grant labor agencies sufficient authority to fulfill enforcement goals. For example, Nebraska recently enacted a bill that gives its labor agency power to subpoena records from employers suspected of violating the law.
7. Eliminate youth subminimum wages: The FLSA allows workers under age 20 to be paid as little as $4.25 per hour for their first 90 days of employment and allows employers to pay a lower minimum wage to full-time students in certain occupations, student learners, and apprentices. In recent years, some states have taken action to close these gaps so that all workers—regardless of their age—have a right to the minimum wage. All states should follow suit.

Step III: Modernize child labor standards to protect children’s health and wellbeing, safeguard their right to education, and improve their career prospects

The most effective child labor laws implement evidence-based guardrails to prevent excessive and hazardous work—as discussed above—alongside innovative policies to empower youth workers, deter violations, and provide meaningful redress and support to victims if violations occur. State lawmakers need not be bound by traditional areas of policy covered by the FLSA and can also:

1. Require workers’ rights education: If young workers do not know their rights, they will be less likely to report unsafe or illegal working conditions. States can invest in labor education to address this information gap. For example, California mandated that high schools annually teach students about workplace rights and the labor movement following a curriculum developed by the UC Berkeley Labor Center.
2. Mandate employer training on child labor laws and commitment to following the law: For example, Washington requires businesses who hire minors to obtain a special endorsement on their business license affirming compliance with child labor laws.
3. Encourage reporting by protecting whistleblowers and victims: Most labor investigations depend on worker reporting. Because young workers lack experience and knowledge about workplace rights and may fear employer retaliation, loss of wages, or immigration enforcement, many workplace abuses go unreported and uninvestigated. To address these enforcement challenges, state lawmakers should:
   1. Provide multiple avenues for child labor victims to be made whole after they report violations and risk losing their job. In most states, civil penalties for child labor violations are deposited into the state’s General Fund, and minors receive no compensation in the form of damages owed by the employer. Moreover, when a child is injured or killed on the job while employed illegally, they (or their family members in the event of the child’s death) are generally limited to the workers’ compensation system as their sole source of financial compensation. However, several states have enacted or proposed bills to make aggrieved minors eligible for additional compensation in the form of damages; for example, Colorado recently made it possible for minors who are injured while employed under illegal conditions to pursue private legal action and receive monetary damages.
   2. Enact whistleblower and anti-retaliation protections to protect workers who report labor abuses, as recently done in Minnesota.
   3. Remove provisions of state law that may discourage reporting of violations, such as those holding parents criminally responsible for allowing a child to be employed under illegal conditions, as Colorado recently did.
   4. Provide wraparound services to victims of illegal child labor to address root causes of excessive or hazardous work. For example, unaccompanied migrant youth should be provided with legal services, assistance in securing safe and age-appropriate work, and connections to community-based organizations or local government agencies that can provide additional supportive services.
4. Use innovative enforcement strategies to meaningfully hold employers accountable: Civil monetary penalties are a necessary but insufficient deterrent. State lawmakers should take a holistic approach to changing employer behavior and significantly increase the financial and reputational costs associated with breaking the law. They should:
   1. Use “hot goods” provisions and “stop work” orders to immediately disrupt the normal business of employers who are actively violating the law. “Hot goods” provisions allow courts to stop the flow of goods produced using illegal child labor and are currently in place federally. “Stop work” orders allow labor agencies to require the cessation of business until child labor violations are addressed, increasing the cost of violating the law. New Jersey permits such orders to be used when minimum wage violations are occurring.
   2. Bar violators from receiving public funding as proposed in Alabama, and implement other penalties, like revoking an employer’s permission to hire minors when they violate the law, as enacted in Washington.
   3. Create lead corporation accountability, so corporations are held jointly responsible for violations committed by their subcontractors or staffing agencies as proposed in a federal bill.
   4. Make employer violations data more accessible to the public—as recently mandated in Colorado—or publicly shame companies that violate the law by posting about violations on the state labor agency’s website—similar to New Jersey and New York.
   5. You can read more about these and other policies to address and deter violations here: Policies for states and localities to fight oppressive child labor.

Additional recommended resources 

• Child labor state legislation tracker (Economic Policy Institute) 

• Campaign to End US Child Labor 

• Child Labor Coalition at the National Consumers League 

• Federal child labor regulations under the Fair Labor Standards Act  

• State child labor laws (U.S. Department of Labor; note that this page may not reflect all recent state legislative changes) 

• How states can stop the corporate campaign to roll back child labor protections (State Innovation Exchange and Economic Policy Institute) 

Editor’s note: This piece was revised on October 24, 2025, to add an “Additional recommended resources” section. 

{{1.}} Connecticut (32 hours), Florida (30), Kentucky (30), Maine (24), Michigan (24), New Hampshire (30), New York (28), Pennsylvania (28), Washington (20). See https://www.dol.gov/agencies/whd/state/child-labor.

{{2.}} Alabama (10 p.m. to 5 a.m.), Arkansas (11 p.m. to 6 a.m.), California (10 p.m. to 5 a.m.), Connecticut (10 or 11 p.m. to 6 a.m.), Florida (11 p.m. to 6:30 p.m.), Indiana (10 p.m. to 6 a.m.), Kentucky (11 p.m. to 6 a.m.), Louisiana (11 p.m. or 12 a.m. to 5 a.m.), Maine (10:15 a.m. to 7 a.m.), Massachusetts (10 p.m. to 6 a.m.), Michigan (11:30 p.m. to 6 a.m.), Minnesota (11 p.m. to 5 a.m.), New Jersey (11 p.m. to 6 a.m.), New York (10 p.m. to 6 a.m.), North Carolina (11 p.m. to 5 a.m.), Ohio (11 p.m. to 7 a.m.), Pennsylvania (12 a.m. to 6 a.m.), Rhode Island (11:30 p.m. to 6 a.m.), Tennessee (10 p.m. to 6 a.m.), Washington (10 p.m. to 7 a.m.), and D.C. (10 p.m. to 6 a.m.). See https://www.dol.gov/agencies/whd/state/child-labor.

{{3.}} Hazardous occupation (HO) 5. Power-driven woodworking machines; HO 8. Power-driven metal-forming, punching and shearing machines; HO 10. Power-driven meat-processing machines, slaughtering and meat packing plants; HO 12. Balers, compactors, and power-driven paper-products machines; HO 14. Power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs; HO 16. Roofing operations and work performed on or about a roof; HO 17. Trenching and excavation operations.