School Week and Work Week for Minors

ADMINISTRATIVE POLICY
STATE OF WASHINGTON
DEPARTMENT OF LABOR AND INDUSTRIES
EMPLOYMENT STANDARDS

TITLE: SCHOOL WEEK AND WORK WEEK FOR MINORS NUMBER: ES.C.4.1

CHAPTER: RCW 13.64.010; 28A;
49.12; 49.30
WAC 296-125-027; 296-131-001; ISSUED: 8/12/2003
296-131-115; 296-131-120 REVISED: 9/25/2024

                                             ADMINISTRATIVE POLICY DISCLAIMER

This policy is designed to provide general information in regard to the current opinions of the Department of Labor & Industries on the subject matter
covered. This policy is intended as a guide in the interpretation and application of the relevant statutes, regulations, and policies, and may not be
applicable to all situations. This policy does not replace applicable RCW or WAC standards. If additional clarification is required, the Program Manager
for Employment Standards should be consulted.
This document is effective as of the date of print and supersedes all previous interpretations and guidelines. Changes may occur after the date of
print due to subsequent legislation, administrative rule, or judicial proceedings. The user is encouraged to notify the Program Manager to provide or
receive updated information. This document will remain in effect until rescinded, modified, or withdrawn by the Director or his or her designee.

This policy addresses the hours of work rules for minors in both Non-agricultural and Agricultural jobs. Under
Washington law, a minor is any individual under the age of 18. The purpose of this policy is to clarify when
employers can schedule minors for work and the maximum length of their shifts. This policy does not offer
guidance on other requirements for employing minors, such as required breaks or prohibited duties. For
additional information on Washington's child labor regulations, please visit L&I's teen worker web page.

Employers are also subject to federal child labor requirements. When state and federal standards differ,
employers must follow the one that is most protective of the minor. Instances where employers must follow
federal guidelines are noted in this policy. For more information on federal child labor requirements, please
visit the U.S. Department of Labor's Wage and Hour Division website at www.dol.gov/whd.

      Scheduling Work Hours and Exemptions in Agricultural and Non-agricultural Jobs.

1. Scheduling Work Hours in Non-agricultural and Agricultural Industries.
   The hours minors can work is dependent on the school week and school hours. Minors cannot work
   while any of their classes are actively in session.

    1.1 Determining weeks. The maximum number of hours minors can work in a week is determined
    by the calendar week, Sunday through Saturday.
   
    The school week is Monday through Friday. A week with any amount of school time is considered a
    school week. For example, the week of Thanksgiving is usually considered a school week because
    many schools hold classes on Monday and Tuesday.
   
    1.2 Determining school hours. Federal law in the Fair Labor Standards Act (FLSA) requires school
    hours be based on the local public school in the area where the minor resides while employed. This
    is required by federal law even if the minor does not attend the public school (i.e., attends a private
   
    school, a religious school, or is home schooled). School hours are the regularly scheduled hours
    established by the local public school district and not the hours the individual minor is required to
    attend.
   
    Minors not enrolled in school are subject to the same hours of work rules. There are limited
    exceptions for 16- and 17-year-olds outlined in Section 4 of this policy.
   
    1.3 Determining School Holidays, Breaks, and Vacations. School holidays are days of a school
    week where the minor's local public school is scheduled to be closed. This is true even if the minor
    does not attend the public school (i.e., attends a private school, a religious school, or is home
    schooled).
   
    School vacations are any scheduled full-week break, such as winter and spring breaks, and summer
    vacation.
   
    There are limited exceptions for 16- and 17-year-olds outlined in Section 4 of this policy.
   

2. Hours of Work Exemptions in Non-agricultural and Agricultural Industries.

    16- and 17-year-olds emancipated by court order are not governed by any limitations under the
    hours of work regulations. A parent/school authorization form is also not required. However the
    employer must follow all other child labor requirements including obtaining a minor work permit,
    providing meal and rest breaks, and not allowing minors to work in any prohibited occupation.
   
    Employers should request documentation for proof of emancipation, such as a court order or other
    legal document identifying the minor's emancipated status.
   
                                  Non-Agricultural Hours Requirements.
   

3. Hours for 14- and 15-year-olds in Non-agricultural Jobs.

    3.1 During a school week. 14- and 15-year-olds may work a maximum of:
        • 16 hours per week, but not more than 6 days per week
        • 3 hours per day on a school day (including Friday per federal rules) and 8 hours per day on
           weekends and school holidays.
   
    14- and 15-year-olds can start work no earlier than 7:00 a.m.. Federal law requires 14- and 15-year-
    olds to end work by 7:00 p.m. from the day after Labor Day through May 31st. From June 1 through
    Labor Day, 14- and 15-year-olds must end by 7:00 p.m. if there is school the next day, but may work
    until 9:00 p.m. if there is no school the next day.
   
    3.2 During winter and spring breaks. 14- and 15-year-olds may work a maximum of:
        • 40 hours per week, but not more than 6 days per week
        • 8 hours per day
   
    14- and 15-year-olds can start work no earlier than 7:00 a.m.. Federal law requires 14- and 15-year
    olds to end work by 7:00 p.m., as winter and spring breaks occur between the day after Labor Day
    and May 31.
   
    3.3 During summer vacation. 14- and 15-year-olds may work a maximum of:
        • 40 hours per week, but not more than 6 days per week
        • 8 hours per day
   
    14- and 15-year-olds can start work no earlier than 7:00 a.m. and end work by 7:00 p.m., except
    such youth may work until 9:00 p.m. on non-school days from June 1st through Labor Day.
   
    3.4 During school hours. 14- and 15-year-olds may not work during public school hours even if
    enrolled in home school, private school, alternative school, asynchronous, or online school.
   
    Note: The legal age to work in Washington State is 14. If an employer plans to hire a minor under
    the age of 14, the employer must first gain Superior Court approval. For more information, please
    visit L&I's website. Minors under the age of 14 must follow the same hours of work rules as 14- and
    15-year-olds once the employer has received Superior Court approval.
   

4. Hours for 16- and 17-year-olds in Non-agricultural Jobs.

    4.1 During a school week. 16- and 17-year-olds may work a maximum of:
        • 20 hours per week (or 28 hours with a special variance), but not more than 6 days per week
        • 4 hours on a school day preceding another school day (or 6 hours with a special variance)
        • 8 hours on days preceding a non-school day (typically a Friday or a day before a holiday)
        • 8 hours on non-school days (typically weekends and school holidays)
   
    16- and 17-year olds can start work no earlier than 7:00 a.m. and must end work by 10:00 p.m. if
    there is school the next day, otherwise they must end work by midnight.
   
    Minors not enrolled in school or enrolled in alternative schools, including home school
    arrangements, are subject to the hours of work rules determined in Section 1.2 of this policy.
   
    Special variances are an optional part of the Parent/School Authorization form that allows 16- and
    17-year-olds to work additional hours with parent and school permission. 16- and 17-year-olds need
    both their parent and school to sign the special variance before they may work the additional hours.
   
    With a special variance, 16- and 17-year-olds may work 2 additional hours per day on a school day
    preceding a school day (up to 6 hours total) and 8 additional hours per week (up to 28 hours total)
    during school weeks. A special variance does not change when a 16- or 17-year-old may start or
    stop work, and does not change the hours they may work during a non-school week. For more
    information on special variance hours, see WAC 296-125-0700.
   
    4.2 During school holidays. 16- and 17-year-olds may work 8 hours per day. They must end work
    by 10:00 p.m. if the holiday is on a school night.
   
    EXAMPLE 4.2-1: Alex is a 16 year old enrolled in public school and has a school holiday on
    Wednesday. Alex's school is in-session during the remaining days of the school week. Alex may
    work up to 8 hours per day on both Tuesday and Wednesday. Alex may work until midnight on
    Tuesday, but must end work by 10:00 p.m. Wednesday.
   
    4.3 During winter and spring breaks and summer vacation. 16- and 17-year-olds may work a
    maximum of:
        • 48 hours per week, but not more than 6 days per week
        • 8 hours per day
   
    16- and 17-year-olds can start work no earlier than 5:00 a.m. and must end work before midnight.
    On the Sunday night before school resumes, 16- and 17-year-old minors must end work by 10:00
    p.m.
   
    4.4 Non-school week hours year-round. 16- and 17-year-olds may work non-school week hours,
    described in Section 4.6 of this policy, year-round if they meet one of the following conditions:
   
        •    Have their high school diploma or high school equivalency certificate, such as a GED
             certificate.
        •    Are enrolled in a bona fide college program (i.e., students enrolled in a "running start"
             program that can be credited towards a degree)
        •    Are named on a valid certificate of marriage
        •    Are named as a parent on a valid certificate of birth
   
    Employers should keep documentation on file verifying the minor's eligibility to work the additional
    hours. Examples include a copy of the minor's diploma or GED certificate, or a copy of their
    transcript showing enrollment in college courses.
   
    4.5 During school hours. 16- and 17-year-olds cannot work while any of their classes are actively
    in session. 16- and 17-year-olds may not work during school hours, as determined in section 1.2,
    unless an exception to school hours applies.
   
    4.6 Exceptions to school hours. 16- and 17-year-olds can work during school hours if one of the
    following exceptions applies:
   
    Worksite Learning programs. 16- and 17-year-olds enrolled in Worksite Learning programs are
    considered excused if they have been released early by their school to begin work.
   
    Excused from attendance during school hours. According to the FLSA, school hours are the
    hours that a minor's local public school is in session. 16- and 17-year-olds may work during school
    hours if their public or private school district superintendent, or their authorized representative such
    as a principal, excuses them from attendance of those hours. 16- and 17-year-olds are considered
    excused if their public or private school adopts a class schedule that releases students during the
    time their local public school is in session. 16- and 17-year-olds receiving home-based instruction
    are considered excused from attendance if their parent or guardian submits a home-based
    instruction notification to the local public school district as required by RCW 28A.200.010(1)(a).
   
    In all situations, minors cannot work while any of their classes are actively in session.
   
    Non-school week hours year-round. 16- and 17-year-olds that meet an exemption under Section
    4.4 of this policy may work during the school hours that their local public school is in session but
    cannot work while any of their classes are in session.
   
    Examples of exceptions to school hours. The following scenarios are examples of school hour
    exceptions for 16- and 17-year-olds:
   
    EXAMPLE 4.6-1: Hunter is enrolled in an alternative high school within his local public school
    district. The alternative high school has a limited schedule with fewer hours than the local public high
    school.
   
    Hunter is excused from attendance for his local traditional public school because his alternative high
    school schedule was approved by the local public school district superintendent. Hunter may work
    during the hours that his local traditional public school is in session, so long as he does not have
    classes at his alternative high school during this time. Hunter cannot work while his alternative high
    school classes are actively in session.
   
    EXAMPLE 4.6-2: Isabelle is enrolled in college-level courses through a Running Start program. The
    college-level courses count towards a degree.
   
    Isabelle can work non-school week hours year-round. Isabelle's employer should keep
    documentation on file verifying she is eligible to work the additional hours, such as a copy of a
    transcript showing Isabelle's enrollment in college courses.
   
    EXAMPLE 4.6-3: Nick is enrolled in a home school program. Nick's parent or guardian notified his
    local public school district of his home schooling.
   
    Nick can work during local public school hours, because his local public school district was notified
    of his home-based instruction program. Nick can work during the local public school hours, so long
    as Nick does not work while any of his home school classes are actively in session.
   
    EXAMPLE 4.6-4: Antonia transferred out of the local public school district to attend a private online
    high school. The private online high school has a limited schedule with fewer hours than the local
    public high school. The private online high school is unaffiliated with the local public school district.
   
    Antonia can work when her local public school is in session, as her private school superintendent or
    their representative approved her school's limited schedule. Antonia cannot work while any of her
    online classes are actively in session.
   
    EXAMPLE 4.6-5: Nina earns her high school diploma when she graduates from her local public high
    school on June 1. Nina turns eighteen years old on the following July 19.
   
    Nina can work non-school week hours year-round, beginning June 1, the day she received her
    diploma. Nina's employer should keep documentation on file verifying she is eligible to work the
    additional hours, such as a copy of a diploma/certificate of graduation.
   

5. Non-Agricultural Hours of Work Chart:

*In most cases, minors cannot work during school hours.

                                       Agricultural Hours Requirements

Washington's rules define agricultural labor as work on a farm in connection with cultivation of the soil or in
connection with raising or harvesting any agricultural or horticultural commodity.

Under Washington law, the agricultural minor work regulations do not apply to immediate family members of
the employer, see WAC 296-131-001. Washington includes parents and grandparents in this exemption.
For employers covered by the Fair Labor Standards Act, the agricultural exemption only applies to minors
employed on farms owned and operated by their parents.

Note: Additionally, in Washington State, minors working on their parents' farm are exempt from workers'
compensation coverage, but are not exempt if working on their grandparents' farm.

All minors working in agriculture may only work 6 days per week unless they are employed in dairy or
livestock production, the harvest of hay, or in crop production that requires daily attention to irrigation.

6. Hours of Work Exemptions in Agriculture.

   Emancipated minors are exempt from all hours of work limitations when the employer has record of:
   • A valid certificate of marriage for the minor
   • The minor named as a parent on a valid certificate of birth

   Minors legally required to attend school may not be employed during school hours except by special
   permission from school officials, such as a superintendent or principal, in accordance with WAC 296-
   131-120(1).

7. Hours for 12- and 13-year-olds in Agriculture.

   7.1 School weeks prohibited. Minors under the age of 14 cannot work during school weeks in
   agriculture.

   7.2 During non-school weeks. 12- and 13- year olds may work to hand-harvest berries, bulbs,
   cucumbers, and spinach. 12- and 13-year-olds may work a maximum of:
   • 40 hours per week, but not more than 6 days per week
   • 8 hours per day

   12- and 13-year-olds can start no earlier than 5:00 a.m. and must end work by 9:00 p.m.

8. Hours for 14- and 15-year-olds in Agriculture.

   8.1 During a school week. 14- and 15-year-olds may work a maximum of:
   • 21 hours per week
   • 3 hours per day on a school day and up to 8 hours per day on a non-school day

    14- and 15-year-olds can begin work no earlier than 7:00 a.m. on school days and 5:00 a.m. on non-
    school days. 14- and 15-year-olds working in animal agriculture, or in crop production that requires
    daily attention to irrigation, can begin work no earlier than 6:00 a.m. on school days.
   
    14- and 15-year-olds must end work by 8:00 p.m. on school days and 9:00 p.m. on non-school days.
   
    In very limited circumstances, 15-year-olds may be eligible to work expanded work hours, see RCW
    28A.225.080.
   
    8.2 During winter, spring, and summer vacation. 14- and 15-year-olds may work a maximum of:
        • 40 hours per week
        • 8 hours per day
   
    14- and 15-year-olds can start no earlier than 5:00 a.m. and must end work by 9:00 p.m.
   

9. Hours for 16- and 17-year-olds in Agriculture.

    9.1 During a school week. 16- and 17-year-olds may work a maximum of:
        • 28 hours per week
        • 4 hours on a school day and up to 8 hours per day on non-school days
   
    16- and 17-year-olds can start work no earlier than 5:00 a.m. and must end by 10:00 p.m. 16- and
    17-year-olds cannot work past 9:00 p.m. on more than two consecutive school nights preceding a
    school day.
   
    EXAMPLE 9.1-1: In a standard school week, if a 16- and 17-year-old works until 10:00 p.m. on
    Monday and Tuesday, they cannot work past 9:00 p.m. on Wednesday.
   
    9.2 During winter and spring breaks, and summer vacation. 16- and 17-year-olds may work a
        maximum of:
        • 50 hours per week
        • 60 hours a week in the mechanical harvest of peas, wheat, and hay during weeks when
           school is not in session
        • 10 hours per day
   
    16- and 17-year-olds can begin work no earlier than 5:00 a.m. and must end work by 10:00 p.m.
   

10. Agricultural Hours of Work Chart:

*Minors may work 7 days per week if they work in dairy or livestock production, hay harvest, or crops that
require daily irrigation

**Minors may begin work at 6:00 a.m. if they work in animal agriculture or crop production that requires
daily irrigation

***In most cases, minors cannot work during school hours

****Minors may not work later than 9:00 p.m. on more than two consecutive school nights

*Minors may work 60 hours per week in mechanical harvest of peas, wheat, and hay