DOL Regulatory Agenda Signals Intent to Loosen Child Labor Hour Restrictions for Teen Workers
The Department of Labor is preparing to amend federal rules that currently cap the hours 14- and 15-year-olds can work, aligning federal policy with a growing state-level push to expand youth employment.
By Factlen Editorial Team
- Small Business & State Advocates
- Argue that expanded hours help fill labor gaps and provide teens with valuable early work experience.
- Labor & Child Welfare Organizations
- Warn that rolling back protections risks child exploitation, workplace injuries, and academic decline.
- Legal & Regulatory Analysts
- Focus on the compliance mechanics, the timeline of the rulemaking process, and the conflict between state and federal statutes.
What's not represented
- · High school educators and administrators
- · Teenage workers themselves
Why this matters
For decades, the Fair Labor Standards Act has strictly limited when and how long young teenagers can work. Loosening these federal caps would fundamentally alter the labor pool for retail and hospitality businesses, while shifting the balance of power regarding teen employment back to parents and state legislatures.
Key points
- The DOL's July 2026 regulatory agenda includes plans to loosen working hour restrictions for 14- and 15-year-olds.
- Current FLSA rules limit 14- and 15-year-olds to three hours of work on a school day and impose a 7:00 p.m. curfew.
- Several states, including Indiana and Florida, have already passed laws expanding teen work hours.
- Federal law currently acts as a ceiling; employers must follow the stricter federal rules even if state laws are relaxed.
- The proposed rule aims to reduce regulatory burdens on small businesses and give parents more control over teen schedules.
- Labor advocates warn the rollback could negatively impact students' academic performance and increase the risk of exploitation.
The U.S. Department of Labor (DOL) has officially signaled its intent to loosen federal working hour restrictions for 14- and 15-year-old employees, marking a significant shift in federal youth employment policy. Outlined in the agency's July 2026 regulatory agenda, the forthcoming proposal aims to amend the Fair Labor Standards Act (FLSA) provisions that have governed teen labor for decades.
Under current FLSA regulations, 14- and 15-year-olds face strict federal caps during the school year. They are prohibited from working more than three hours on a school day or 18 hours in a school week. Furthermore, they cannot work before 7:00 a.m. or past 7:00 p.m., except during the summer months when the evening curfew extends to 9:00 p.m.
The DOL's Wage and Hour Division is now preparing a Notice of Proposed Rulemaking to amend these specific hour and time-of-day standards. While the exact new caps have not yet been published, the regulatory agenda confirms an exploration of loosening current working hours restrictions, a move designed to reduce regulatory burdens on employers and expand opportunities for young workers.[1]

This federal initiative does not emerge in a vacuum; it follows a robust, multi-year trend at the state level. Over the past two years, states including Indiana, Florida, Washington, and West Virginia have passed legislation relaxing their own youth employment rules.[2]
In Indiana, for example, recent statutory changes removed parental permission requirements for 16- and 17-year-olds to work later hours, while allowing 14- and 15-year-olds to work until 9:00 p.m. year-round. Florida lawmakers similarly advanced legislation to remove late-night curfews and weekly hour caps for older teens, citing the need to align with broader workforce demands.
However, state-level deregulation has historically collided with the federal FLSA floor. When state and federal labor laws conflict, employers are legally bound to follow whichever standard is stricter. Consequently, even if a state allows a 15-year-old to work until 9:00 p.m. on a Tuesday, the federal 7:00 p.m. curfew still applies, leaving businesses vulnerable to federal penalties if they follow only state guidance.
However, state-level deregulation has historically collided with the federal FLSA floor.
By lowering the federal ceiling, the DOL's proposed rule would effectively unlock the state-level expansions, allowing local businesses to legally schedule younger teens for longer shifts and later evenings without fear of federal reprisal.

Proponents of the change, including small business associations and some state lawmakers, argue that the current federal rules are outdated and overly paternalistic. They contend that expanding work hours gives teenagers valuable soft skills, financial independence, and early resume-building experience.
State legislators advocating for relaxed rules emphasize that parents, not the federal government, should dictate their children's schedules. One lawmaker noted that it was through the combination of academics and early labor that he developed the soft skills necessary to grow out of poverty.
Furthermore, the hospitality, retail, and food service sectors have strongly supported these expansions. Facing persistent labor shortages for entry-level and part-time roles, local businesses view older teenagers as a vital, untapped labor pool that can cover the crucial early-evening shifts that adult workers increasingly avoid.[1]
Conversely, labor unions and child welfare organizations have fiercely criticized the deregulation trend. Organizations like the Economic Policy Institute and the AFL-CIO warn that rolling back hour restrictions prioritizes cheap labor over adolescent development, risking academic decline and increased workplace fatigue.[2]

Critics also point to a recent surge in child labor violations as a reason to strengthen, rather than weaken, federal oversight. In recent fiscal years, the DOL concluded hundreds of cases involving over 4,000 children employed in violation of federal law, prompting the agency to shift its penalty structure to assess fines on a per-violation rather than per-child basis.
It is important to note that the DOL's current agenda focuses specifically on hours of service, not hazardous occupations. The federal bans prohibiting minors from operating heavy machinery, working in excavation, or performing dangerous manufacturing tasks remain firmly in place.
The regulatory process is now entering its formal stages. The DOL is expected to publish the specific proposed rule in the Federal Register in the coming months, which will trigger a mandatory public comment period. During this window, industry groups, labor advocates, and parents will have the opportunity to weigh in before any final rule is enacted.
How we got here
1938
The Fair Labor Standards Act (FLSA) is passed, establishing baseline federal child labor protections.
2024–2025
States including Indiana, Florida, and Washington pass legislation loosening state-level youth employment restrictions.
July 2026
The DOL releases its regulatory agenda, signaling intent to amend federal hour restrictions for 14- and 15-year-olds.
Late 2026
The DOL is projected to publish the official Notice of Proposed Rulemaking, opening the policy to public comment.
Viewpoints in depth
Small Business & State Advocates
Argue that expanded hours help fill labor gaps and provide teens with valuable early work experience.
Proponents view the current federal restrictions as outdated and overly paternalistic. They argue that allowing teenagers to work longer hours gives them a head start on building soft skills, financial literacy, and a strong resume. Furthermore, hospitality and retail employers facing persistent labor shortages see older teenagers as a vital demographic capable of covering early-evening shifts that adult workers increasingly avoid. Many state lawmakers emphasize that parents, rather than the federal government, should have the ultimate authority to determine appropriate work schedules for their children.
Labor & Child Welfare Organizations
Warn that rolling back protections risks child exploitation, workplace injuries, and academic decline.
Labor unions and child advocacy groups argue that the FLSA's century-old protections exist for a reason: to ensure that a child's primary focus remains on their education. Organizations like the Economic Policy Institute warn that extending work hours into the late evening leads to sleep deprivation and academic struggles. They also express concern that rolling back hour restrictions is a slippery slope toward broader exploitation, pointing to recent surges in federal child labor violations as evidence that young workers need more federal protection, not less.
What we don't know
- The exact new daily and weekly hour caps the DOL will propose for 14- and 15-year-olds.
- How quickly the final rule will be implemented following the mandatory public comment period.
- Whether the DOL will also propose changes to the youth minimum wage or specific hazardous occupation exemptions.
Key terms
- Fair Labor Standards Act (FLSA)
- The foundational 1938 federal law that establishes minimum wage, overtime pay, and child labor standards in the United States.
- Notice of Proposed Rulemaking (NPRM)
- A public notice issued by a federal agency announcing its intent to add, remove, or change a regulation, triggering a public comment period.
- Hazardous Occupations Orders (HOs)
- Specific federal rules that ban minors under 18 from working in dangerous jobs, such as operating heavy machinery or roofing.
Frequently asked
Can a 14-year-old currently work past 7:00 p.m.?
Under current federal law, 14- and 15-year-olds cannot work past 7:00 p.m. during the school year. From June 1 through Labor Day, this curfew is extended to 9:00 p.m.
What happens if my state allows teens to work later than federal law?
When state and federal labor laws conflict, employers are legally required to follow the stricter standard. Currently, that means the federal FLSA limits apply even in states with looser rules.
Will this change allow teens to work in dangerous jobs?
No. The DOL's regulatory agenda specifically targets the hours of service for 14- and 15-year-olds. The federal bans on minors working in hazardous occupations remain in place.
Sources
[1]BrightmineLegal & Regulatory Analysts
DOL plans new rules on overtime, independent contractors and more
Read on Brightmine →[2]Economic Policy InstituteLabor & Child Welfare Organizations
Child labor laws are under attack in states across the country
Read on Economic Policy Institute →
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