DOL Regulatory Agenda Signals Intent to Loosen Child Labor Hour Restrictions for Teen Workers

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.

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.