Illinois has enacted legislation that sets new standards for working conditions for employees under 16 years of age, including limiting hours of work and updating the list of jobs minors are prohibited from holding. The changes were enacted via Senate Bill 3646 and take effect on
Jan. 1, 2025.
The details
Hours of Work Restrictions
With limited exceptions, employers are prohibited from allowing employees under 16 years of age from working:
- More than 18 hours during a week when school is in session;
- More than 40 hours during a week when school isn’t in session;
- More than eight hours in any single 24-hour period;
- Between 7 p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day; or
- More than three hours per day, or more than eight hours total of work and school hours on days when school is in session.
Exceptions to Hours of Work Restrictions
An employer may allow an employee under the age of 16 to work a maximum of eight hours on each Saturday and on Sunday during the school year if: 1) the minor doesn’t work outside of school hours more than six consecutive days in any one week; and 2) the number of hours worked by the minor outside of school hours in any week doesn’t exceed 24 hours. See the text of the law for other exceptions to the restrictions on hours of work.
Prohibited Occupations
The law includes more than 30 occupations from which employees under the age of 16 are prohibited from working. See the text of the law for details.
Employer Responsibilities
Employers are prohibited from allowing a minor under the age of 16 from working, unless the minor obtains an employment certificate authorizing the minor to work for that employer.
Employers must provide that minor with a notice of intention to employ to be submitted by the minor to the minor's school issuing officer with the minor's application for an employment certificate.
Every employer of one or more minors under 16 years of age must maintain, on the premises where the work is being done, records that include the name, date of birth, and place of residence of every minor who works for that employer, notice of intention to employ the minor, and the minor's employment certificate.
Every employer, during the period of employment of a minor and for three years thereafter, must keep on file, at the place of employment, a copy of the employment certificate issued for the minor.
Every employer of minors under the age of 16 must ensure that all minors are supervised by an adult 21 years of age or older, on site, at all times while the minor is working.
Employers are prohibited from allowing any minor under the age of 16 to work for more than five hours continuously without an interval of at least 30 minutes for a meal period.
Notice Requirements
Every employer who employs one or more minors under the age of 16 must post in a conspicuous place where minors are employed, allowed, or permitted to work, a notice summarizing the requirements of the law.
An employer with employees who don’t regularly report to a physical workplace, such as employees who work remotely or travel for work, must also provide the summary and notice by email to their employees or by conspicuous posting on the employer's website or intranet site, if the site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. The notice will be created by the state.
In the event of the work-related death of a minor engaged in work subject to the law, the employer must, within 24 hours, report the death to the Department of Labor and to the school official who issued the minor's work certificate for that employer.
In the event of a work-related injury or illness of a minor that requires the employer to file a report with the Illinois Workers' Compensation Commission, the employer must submit a copy of the report to the Department of Labor and to the school official who issued the minor's work certificate for that employer within 72 hours of the deadline by which the employer must file the report to the Illinois Workers' Compensation Commission.
Employment Certificate Process
The Illinois Child Labor Law has long required school officials to review a minor's work opportunity and, with the permission of the minor's parent or guardian, issue an employment certificate to the minor before they can lawfully work.
Senate Bill 3646 updates the school certification process by:
- Requiring the issuing officer to consider the "health, welfare, and education" of the minor when assessing an employment certificate application, including consideration of past reports of death/injury of a minor at that workplace.
- Requiring that a minor's work permit include the minor's school schedule.
- Clarifying the certification process for minors who are experiencing homelessness or who don’t have a birth certificate.
Video Content Creators
The law creates rules specific to influencers and other individuals or families who create video content in exchange for compensation, and the video content features minors under the age of 16. These changes took effect July 1, 2024. See the text of the law for details.
Next Steps
Illinois employers who intend to employ minors under the age of 16 should ensure compliance with Senate Bill 3646 by Jan. 1, 2025, and train supervisors on the changes.