Skip to main content
  • Personal
  • Business
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • Welcome, {{name}}
    Non-Member
    {{membership}} Membership Ends {{expiration_date}}
    MySHRM Dashboard
    • Sign In
    • accountSettings Account Settings
    • customerSupport Customer Support
    • Sign Out Sign Out
    HR is Evolving Fast!

    That’s why 340,000 HR pros and 95% of the Fortune 500 turn to SHRM for expert-backed guidance, tools, and trusted answers.

    Become a Member
    • accountSettings Account Settings
    • memberSupport Member Support
    • Sign Out Sign Out
    SHRM26 Annual Conference

    At SHRM26 join the global HR community that comes together not just to keep up — but to grow, connect, and move forward together. Register Today

SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
  • Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      PMQ

      Gain a deeper understanding and develop critical skills.

  • Events
    • India Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • India Annual Conference
      • SHRM Tech Conference
      • SHRM Unconference
      MENA Events
      • MENA Annual Conference
      Global Events
      • US Annual Conference
      Webinars
  • Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR Research
      • Latest News & Trends
      • Tools & Guides
      HR Topics
      • AI in the Workplace
      • Total Rewards
      • Inclusion & Diversity
      • Recruiting
      • HR Technology
      • Civility at Work
      • Workplace Violence Prevention
Become a Member
Renew
Rejoin Now
Renew
Close
  • Personal
  • Business
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
  • Certification
    back
    Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      PMQ

      Gain a deeper understanding and develop critical skills.

  • Events
    back
    Events
    • India Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • India Annual Conference
      • SHRM Tech Conference
      • SHRM Unconference
      MENA Events
      • MENA Annual Conference
      Global Events
      • US Annual Conference
      Webinars
  • Resources
    back
    Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR Research
      • Latest News & Trends
      • Tools & Guides
      HR Topics
      • AI in the Workplace
      • Total Rewards
      • Inclusion & Diversity
      • Recruiting
      • HR Technology
      • Civility at Work
      • Workplace Violence Prevention
Become a Member
Renew
Rejoin Now
Renew
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Employment Law & Compliance
  2. New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More

New Illinois Child Labor Law Brings Enhanced Workplace Rules for Minors Under 16

September 10, 2024 | Lavanga V. Wijekoon and Emily Linn © Littler

Chicago skyline along the Chicago River

On July 30, 2024, Illinois Gov. JB Pritzker signed into law SB 3646 (the “Act”), repealing the state’s prior child labor law and replacing it with the Child Labor Law of 2024. The stated intent of the Act is to “safeguard all working minors’ health, safety, welfare, and access to education,” and the new law “shall be interpreted to provide the greatest protection of a minor’s well-being.” The Act covers minors under 16 years of age and will go into effect on Jan. 1, 2025.

While numerous states­­­—including Arkansas, Ohio, and New Jersey, to name a few—have recently introduced legislation to ease restrictions on child labor, this Illinois law enhances restrictions on the employment of minors. Indeed, the Act imposes certain new civil and criminal penalties on violating employers, and it is the second child labor law signed by Pritzker. SB 1782, which went into effect in July, incorporated new restrictions for minors featured in “vlogs,” defined as content shared on an online platform in exchange for commission.

The Act applies to minors ages 15 and younger. It calls out children 13 years old and younger as those who may not be employed “in any occupation or at any worksite” unless explicitly authorized by or exempted under the Act.  

What Should an Employer Do to Hire a Minor?  

The Act requires Illinois employers to obtain an employment certificate authorizing a minor’s work. To obtain a certificate, an employer must first provide the minor with a notice of intention to employ, which then must be submitted by the minor to their school’s issuing officer, along with an application for the employment certificate, which must be filled out by the minor and their parent or guardian.

Employers must maintain, for at least the duration of the minor’s employment at the premises, the minor’s employment certificate, plus records that include the minor’s name, date of birth, address, and the notice of intention to employ the minor at the premises where the minor is performing the work.

What Are Permitted Working Hours for Minors?

The Act restricts the number of hours minors can work in a given workweek and workday. It also outlines the times of day when minors should not be working.

Specifically, the following are prohibited:

  • Working more than 18 hours a week when school is in session.
  • Working more than 40 hours a week when school is not in session.
  • Working more than eight hours in any single 24-hour period.
  • Working more than three hours per day or more than eight hours total of work and school hours on days when school is in session.
  • From Labor Day until June 1, working between 7 p.m. and 7 a.m.
  • From June 1 until Labor Day, working between 9 p.m. and 7 a.m.

Note that there are exceptions to these general work-hour and time-of-day restrictions, including an exception for work on weekends when certain conditions are met. There is also an allowance for minors to work later into the evening when performing certain work, covering minors employed as live theatrical performers, models, or performers for live or prerecorded broadcast, or those employed in recreational or educational activities for park districts, not-for-profit youth clubs, or municipal parks and recreation departments.

What Are Permitted Occupations for Minors?

In addition to the prohibited occupations found in the Federal Labor Standards Act, the Act outlines over 30 additional types of work that minors are prohibited from performing, including factory work, construction work, meatpacking, poultry and seafood processing, various jobs involving the use of power-driven machinery, and any work where a minor is expected to serve alcohol or otherwise handle open containers of alcohol.

However, the Act also exempts minors working in the following specific occupations from these restrictions:

  • Certain agricultural pursuits.
  • The sale and distribution of magazines and newspapers.
  • Household chores and babysitting.
  • Caddying at golf courses.
  • Participation in work-based learning programs.
  • Serving as an officiant or assistant instructor of youth sports activities, so long as a certification is obtained and certain hour restrictions are followed.

The Act carves important exceptions into these exemptions. For example, the exemption of caddying at golf courses does not apply to those ages 13 and younger, i.e., the strictures of the Act apply in full force to minors ages 13 and under when caddying.

What Other Special Employment Requirements Apply to Employing a Minor?

Employers are also responsible for ensuring the following:

  • Supervision: All minors must be supervised in person by an adult 21 years of age or older at all times when the minor is working.
  • Meal breaks: A 30-minute meal break must be provided for minors who work more than five consecutive hours.
  • Posting requirements: A notice summarizing the requirements of the Act must be posted in a conspicuous place where minors work. For minors who do not regularly report to a physical workspace, the notice should also be sent via email or posted on the employer’s website or intranet page.
  • Record retention requirements: Employers must retain employment certifications for the period of employment of each minor and for three years thereafter.
  • Reporting of work-related injury: Employers must report work-related fatalities and injuries to the Illinois Department of Labor and the school official who issued the minor’s employment certificate, in addition to other reporting requirements.

Special Rules for Child Models and Performers

In addition to the general restrictions outlined above, the Act provides additional requirements for the employment of minors working in live theatrical performances, including plays, musicals, recitals, or concerts, as well as special rules for minors who are employed as models or performers on live or prerecorded radio or television, in motion pictures, or in other entertainment-related performances.

These industry-specific rules outline different work-hour restrictions, require that a trust account be created for the minor, and provide for a waiver process whereby an employer can seek an exception to allow for a minor working in radio, television, or film to work outside the hours prescribed in the Act.

Prohibition Against Retaliation

Employers are prohibited from retaliating against a person who exercises any right under the Act, makes a complaint to the minor’s employer or to the state Director of Labor, or otherwise causes or participates in an investigation or proceeding under the Act.

However, terminating a minor’s employment because the employment was unlawful under the Act, or because the Illinois Department of Labor suspended or revoked the minor’s employment certificate, does not constitute retaliation under the Act.

Illinois Department of Labor Investigation and Enforcement Powers

The Illinois Department of Labor is authorized to investigate and enforce compliance with the provisions of the Act. Department agents are permitted to visit and inspect worksites at “all reasonable times, and as often as possible.” The department also has the authority to subpoena the attendance and testimony of witnesses and production of records during an investigation or hearing related to the Act.

The department is further authorized to adopt and enforce reasonable rules relating to the administration and enforcement of the Act. We anticipate that the department will issue relevant rules in the months ahead of the Act’s Jan. 1, 2025, effective date.

Civil and Criminal Penalties

Employers that violate any provision of the Act will be subject to the following penalties:

  • If a minor dies while working in violation of the Act, a penalty not to exceed $60,000.
  • If a minor suffers a reportable injury or illness, a penalty not to exceed $30,000.
  • If a minor is employed in a prohibited occupation as outlined in the Act, a penalty not to exceed $15,000.
  • If an employer fails to post or otherwise provide the notice summarizing the requirements of the Act, a penalty not to exceed $500.
  • Any other violation of the Act, a penalty not to exceed $10,000.

In determining the amount of any penalty, the department will consider the appropriateness of the penalty to the size of the business and the gravity of the violation. Significantly, the Act states that each day a violation occurs is considered a separate and distinct offense, for which a separate penalty can be assessed.

Individuals who obstruct an investigation under the Act, or willfully fail to comply with the Act, can also be subject to criminal penalties up to a Class A misdemeanor.

What Should Illinois Employers Do as Next Steps?

In advance of Jan. 1, 2025, the effective date of the Act, Illinois employers should take stock of their hiring practices (including the use of age verification systems), policies, and notices that apply to child labor and revise them as needed. Training hiring managers, floor managers, and other workers on these revised procedures is critical to meaningfully implement these changes. These changes should be consistent with the Act as well as the rules that the Illinois Department of Labor is expected to issue prior to Jan. 1, 2025.

Employers are facing increasing scrutiny on child labor practices under international law, federal law, and now, under the law of states such as Illinois. This scrutiny can be confusing for employers in states including Arkansas, Ohio, and New Jersey, which are easing child labor restrictions. Indeed, employers are dealing with a legislative patchwork, which requires them to carefully consider the laws that apply to them. Beyond legal risks of noncompliance, employers should also consider the adverse public relations consequences of engaging in unlawful child labor practices.

Lavanga V. Wijekoon is an attorney with Littler in Chicago. Emily Linn is an attorney with Littler in Austin, Texas. © 2024 Littler. All rights reserved. Reposted with permission.

Compliance
Recruiting

Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
Rising Demand for Workforce AI Skills Leads to Calls for Upskilling

As artificial intelligence technology continues to develop, the demand for workers with the ability to work alongside and manage AI systems will increase. This means that workers who are not able to adapt and learn these new skills will be left behind in the job market.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Executive Network Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview


  • About SHRM
  • SHRM India Advisory Council
  • Careers at SHRM
  • Press Room
  • Contact SHRM India
  • Book a SHRM Executive Speaker
  • Ask an Advisor
  • SHRM Newsletter
  • Post a Job
  • Find an HR Job
  • Advertise with us
  • Copyright & Permission
Contact Us


Email: shrmindia@shrm.org
Phone: (1)800.103.2198
WhatsApp: +919810503727

SHRM India Corporate Information

© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

 

View Member Benefits Guide

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Exclusive Executive-Level Content

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now