Youth Employment FAQ

For a comprehensive overview of state and federal child labor requirements, please see N.D.C.C. ch. 34-07, USDOL Wage and Hour Division’s Child Labor Bulletin 101, and Bulletin 102.

A child under the age of 18 (youth employee) may perform any duty unless it is declared hazardous or otherwise prohibited by law. Under state law, the following limitations exist:

Under Age 14: May not perform any duties in any occupation except those performed in farm labor, domestic service, or in the employment of, and under the direct supervision of, that youth employee’s parent, guardian, or grandparent.

Ages 14-15: May not perform duties involving:

1. Power-driven machinery;
2. Construction work;
3. Operation of passenger freight elevators
4. Mines or quarries;
5. Elevated surfaces higher than six feet from the ground including ladders and scaffolds;
6. Door-to-door sales;
7. Fertilizers, herbicides, pesticides, insecticides; or
8. Handling or storage of blood, bodily fluids, or bodily tissues, cooking, baking, grilling, or frying.

For additional prohibited duties, please reference N.D.C.C. § 34-07-16. Additionally, the preceding duties are not prohibited for youth employees performing ordinary farm labor or from operating farm machinery.

Ages 16-17: May not perform duties of a hazardous occupation unless the youth employee is a student learner of an approved career and technical education program or is in a registered apprenticeship program. Although North Dakota law does not define hazardous occupation, the USDOL Wage and Hour Division contains a list of duties it declares as hazardous occupations.

Reference: N.D.C.C. ch. 34-07

For a comprehensive overview of state and federal child labor requirements, please see N.D.C.C. ch. 34-07, USDOL Wage and Hour Division’s Child Labor Bulletin 101, and Bulletin 102.

Under the Age of 14: No youth employee may be employed during any part of the hours when the public schools of the district in which the minor resides are in session.

Ages 14-15: A youth employee may be employed from 7:00 a.m. to 7:00 p.m. during non-school hours. From June 1 through Labor Day, a youth employee may be employed from 7:00 a.m. to 9:00 p.m.

Additionally, a youth employee may work up to 3 hours per day on school days for a total of 18 hours during school weeks and up to 8 hours per day on non-school days for a total of 40 hours during non-school weeks. A school week is considered to be any week Sunday through Saturday in which a youth is required to be in attendance, for any period of time, four or more days.

These limitations do not apply to a youth employee employed in sports-attendant services, domestic services, or farm labor.

Ages 16-17: There are no hour limitations for youth employees ages 16-17.

More information on North Dakota's child labor laws is available on the Department's tri-fold brochure.

Reference: N.D.C.C. § 34-07-15; N.D.C.C. § 34-07-15.1; N.D.C.C. ch. 34-07

An employer of a youth employee ages 14-15 must obtain a Youth Employment Certificate from the Department. The employer must keep on file a completed Youth Employment Certificate for each minor. The certificate must be issued by the youth employee’s parent or guardian and the completed certificate must be filed with the Department within 10 days of certification. A certificate is not required for a minor who is self-employed of an entity for which the minor is a member, officer, or manager.

These requirements do not apply to youth employees employed in farm labor, domestic service, or in the employment of, and under the direct supervision of, the youth employee’s parent or guardian.

For additional documentation required for student learners enrolled in an approved career and technical education program, please contact the North Dakota Department of Career and Technical Education. For additional documentation required for youth employees enrolled in a registered apprenticeship, please contact the USDOL Registered Apprenticeship Program.

For a comprehensive overview of state and federal child labor requirements, please see N.D.C.C. ch. 34-07, USDOL Wage and Hour Division’s Child Labor Bulletin 101, and Bulletin 102.

Reference: N.D.C.C. § 34-07-02; N.D.C.C. § 34-07-17.2