Category: Compliance

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What New Jersey’s Pay Transparency Law Means for Payroll

Summary

  • New Jersey’s Pay Transparency Act will be in effect by June 1, 2025.
  • Employees will be required to disclose pay ranges and benefits new hires can expect to receive within 12 months of employment..
  • Payroll software is crucial to ensuring that publicized salary ranges match what employees are being paid.

New Jersey joins a growing list of states that have implemented pay transparency laws, including New York, California, and Colorado. Starting June 1, 2025, the Pay Transparency Act will require covered employees to include pay information and benefits data in job postings, both for new roles and internal opportunities.

The act is designed to improve pay equity by making compensation more transparent to job seekers and employees alike. 

Who’s covered?

The law applies to employers who meet the following criteria: 

  • Have 10 or more employees over 20 calendar weeks 
  • Conduct business in New Jersey
  • Employ workers in New Jersey
  • Accepts applications for employment in New Jersey

What must be disclosed? 

Employers must disclose:

  • The hourly wage, salary, or pay range
  • A description of the benefits an employee can expect to receive in the first 12 months

These conditions apply to external job postings, internal promotions, and transfer opportunities. Employers must disclose any opportunities for promotion to all current staff in the affected department. However, promotions resulting from “unforeseen events” or based on years of service or performance are exempt from the notice requirement.

What happens if you don’t comply?

Employers who fail to comply can be subject to a penalty of $300 for first-time violations and up to $600 for subsequent violations.

What the new law means for payroll teams and how New Jersey businesses can adapt

Compliance with this new regulation has a lot to do with policy changes, and it’s easy to think that this is more of HR’s domain. However, once salary bands are made public, payroll teams must ensure that those numbers align with actual compensation data. 

Here are some practical tips to help payroll teams prepare:

Standardize pay rates across locations

If you’re hiring across state lines, you must ensure that each job post meets corresponding pay disclosure requirements in every state. 

Businesses operating in multiple locations often face challenges with standardizing job titles and pay rates. With Workforce.com, you can set pay rates for different roles or locations, which helps avoid any inconsistency between what’s posted on job listings and what’s paid.

Align job postings with actual pay data

To comply with laws like this, job postings must be audited against internal pay data. But this is easier said than done when compensation information is scattered across different spreadsheets or platforms. 

With Workforce.com, all your pay and role information lives in one system, making it easy to review, audit, and generate realistic pay ranges. 

For instance, instead of posting a vague range of $15-$25/hour, Workforce.com can help you determine the median pay rate for the role across locations, which will help you set a more realistic pay band.

In states that already have pay transparency laws, some businesses have received criticism for posting an overly broad range (e.g. $40,000-$120,000), which feels less like transparency and more like an attempt to skirt the law. If you’re serious about compliance and attracting the right people, realistic ranges matter. 

Audit job titles across roles

Payroll teams should look for pay disparities between employees with similar roles. If two people are doing the same work but receiving different pay, it’s important to understand why. 

Again, addressing these gaps is a matter of having the right data. Workforce.com houses employee records and pay rate history, which enables you to quickly identify inconsistencies among job titles and their pay. Managers can filter reports by job title and location to check whether employees with similar roles are paid within the same pay range.

Maintain clean payroll records

Keeping payroll records organized is a huge part of complying with different labor laws, including pay transparency requirements. Workforce.com keeps this information organized because it unifies time tracking, scheduling, and payroll. Ultimately, it creates a clean audit trail that connects job titles, hours worked, and pay rates. Having that information organized can help with compliance, especially if state regulators and employees ask for proof.

Invest in a good payroll system

Payroll is too complex to manage manually or with outdated tools. More than processing paychecks, a good payroll system centralizes your data such as pay rates, job roles, and other relevant information that can be crucial to compliance. 

Workforce.com was built to simplify this. It brings payroll and HR together, giving you a clearer view of your team and helping you stay compliant with new regulations.

Simplify compliance with Workforce.com

Pay transparency is both an HR and payroll challenge. With New Jersey’s law taking effect, it’s high time to ensure job postings align with what employees are actually paid. Workforce.com has the tools to help audit pay data, standardize pay rates across locations, and make payroll reports—all to help you stay compliant. 

See how Workforce.com makes payroll transparency easy for hourly teams. Book a demo today.

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Paycheck Pain: What Employers Need to Know About Student Loan Garnishment

The Trump administration is resuming wage garnishment for defaulted student loans starting May 5, 2025, with employers required to withhold up to 15% of employees’ disposable income. Small and mid-market businesses face significant administrative responsibilities including calculating garnishment amounts, processing deductions, and maintaining documentation, with estimated costs of 1-2 hours of staff time for initial setup and 15-30 minutes per affected employee each pay period.

Unlike most debt collection, federal student loan garnishment requires no court order, making implementation immediate once employers receive notice. Businesses that fail to comply face substantial liability risks, potentially becoming responsible for the employee’s entire debt plus penalties.

The policy affects roughly 5.3 million defaulted borrowers now, with nearly 4 million more at risk of default in coming months.

The Policy Evolution and Current Implementation

The concept of garnishing student loan payments directly from paychecks first emerged in February 2019, when then-Senator Lamar Alexander proposed it as part of reauthorizing the Higher Education Act. That original proposal called for a universal withholding system for all federal student loan borrowers, offering two options: an income-driven plan capping payments at 10% of discretionary income or a standard 10-year repayment plan.

While that proposal never became law, the current Trump administration announced in April 2025 that collection efforts on defaulted federal student loans would resume after a five-year pause that began during the COVID-19 pandemic. This implementation differs significantly from the 2019 proposal:

  • The current policy applies only to defaulted loans (typically 270+ days delinquent)
  • It follows administrative wage garnishment procedures established in the Debt Collection Improvement Act of 1996
  • Collections through the Treasury Offset Program began May 5, 2025
  • Wage garnishment notices will be sent to employers “later this summer”

The Department of Education maintains that resuming collections is not discretionary but required by the Higher Education Act. Education Secretary Linda McMahon stated that “American taxpayers will no longer be forced to serve as collateral for irresponsible student loan policies.”

Employer Responsibilities and Implementation Mechanics

When an employer receives a student loan wage garnishment order, they face several mandated responsibilities:

Immediate Responsibilities

  • Process garnishment orders as soon as received (no court order required)
  • Calculate the employee’s “disposable earnings” (gross pay minus legally required deductions like taxes)
  • Withhold up to 15% of disposable income
  • Notify affected employees about the garnishment
  • Begin withholding from the next available pay period
  • Send garnished funds to the agency specified in the order

Ongoing Requirements

  • Continue garnishment until receiving an official release or the debt is paid
  • Recalculate withholding if employee income changes
  • Maintain proper documentation of all garnishment activities
  • Ensure total garnishments don’t exceed legal limits (25% across all garnishments in most cases)
  • Manage priority order if multiple garnishments exist

The process differs from typical debt collection garnishments in critical ways. Most significantly, federal student loan garnishment is an administrative wage garnishment that doesn’t require judicial process. This means employers must implement these orders immediately upon receipt, with no court validation required.

Administrative Burden and Costs for Small/Mid-Market Businesses

Small and mid-market businesses bear disproportionate burdens from wage garnishment requirements due to limited administrative resources and less sophisticated payroll systems.

Time Requirements

The administrative work includes:

  • 1-2 hours of staff time for initial processing of each garnishment order
  • 15-30 minutes per affected employee each pay period for ongoing maintenance
  • Additional time for addressing employee questions and concerns

Small businesses face higher garnishment rates (13%) than large firms (8.7%), according to ADP Research Institute data, meaning they often handle more garnishments with fewer resources.

Financial Costs

While exact costs vary by business size and number of affected employees, expenses typically include:

  • Staff time costs (payroll/HR personnel diverting from core functions)
  • Potential investment in payroll system upgrades
  • Legal consultation expenses
  • Administrative fees (some states allow employers to charge employees $1-10 per payment)
  • Potential liability costs if garnishment orders aren’t processed correctly

For a small business with 25 employees and 3 garnishment orders, this could translate to approximately 6-8 hours of initial setup time plus 1-2 hours per pay period for ongoing maintenance—significant for operations with limited administrative staff.

Compliance Risks

The most severe cost comes from non-compliance. Employers who fail to properly implement garnishment orders can be held liable for the entire amount that should have been withheld, plus potential penalties and interest. For businesses processing multiple student loan garnishments, this represents substantial financial risk.

Timeline and Implementation Challenges

The current timeline creates several challenges for employers:

  • The Treasury Offset Program (seizing tax refunds, certain federal benefits) resumed May 5, 2025
  • Wage garnishment notices will be sent to employers “later this summer”
  • Approximately 5.3 million borrowers are currently in default, with nearly 4 million more at risk
  • Employers may face a sudden influx of garnishment orders with minimal preparation time

This compressed timeline coincides with other significant challenges:

  • The Department of Education is reducing staff by approximately 50%
  • Student loan management is transitioning from the Department of Education to the Small Business Administration
  • Many businesses face other economic pressures from inflation and tariffs

The administration has not announced any implementation assistance programs for affected employers despite the sudden resumption of collections.

Reasoning and Context for the Policy Shift

The Trump administration presents several justifications for resuming wage garnishment:

  • Fiscal responsibility: Officials argue taxpayers should not continue bearing costs of nonrepayment
  • Legal requirement: The administration maintains the Higher Education Act requires them to pursue collections
  • Normalizing operations: Officials frame this as returning to standard practice after an extended pandemic pause
  • Deterrent effect: Research suggests potential garnishment can motivate some borrowers to seek repayment options

Critics counter that the timing is problematic amid economic pressures, and that more effective alternatives exist, such as expanded income-driven repayment options.

Federal vs. Private Student Loan Treatment

The enforcement mechanisms differ significantly between federal and private student loans:

AspectFederal Student LoansPrivate Student Loans
Legal processAdministrative wage garnishment without court orderRequires lawsuit, judgment, and court order
Garnishment limitUp to 15% of disposable incomeUp to 25% of disposable income (varies by state)
Default timeline270 days of missed paymentsOften 90 days of missed payments
Notice requirement30-day notice before garnishmentVaries by state law
Additional collectionTax refund offsets, Social Security reductionLimited to wage garnishment and asset seizure
Protected incomeSome federal benefits partially protectedSocial Security and disability typically fully protected

For employers, the key difference is that federal loan garnishments arrive directly from the Department of Education with no court validation required, while private loan garnishments must first go through judicial process, potentially giving employers more time to prepare.

Precedents for Similar Wage Garnishment Systems

The current policy builds on established legal frameworks:

  • Higher Education Act of 1965 (Section 488A): Authorized garnishment up to 10% of disposable pay for defaulted student loans
  • Debt Collection Improvement Act of 1996: Expanded authority to 15% and standardized administrative wage garnishment procedures
  • Consumer Credit Protection Act: Provides general protections for all wage garnishment (maximum 25% total garnishment, employment protection)

The Department of Education has successfully implemented wage garnishment for student loans for over 20 years. Many of the debt collection mechanisms in current use were modeled after the Department’s existing practices.

Other similar systems include:

  • IRS wage levies for tax debts
  • Child support wage withholding
  • Bankruptcy-related wage earner plans

Expert Opinions on Feasibility and Impact

Experts offer varied perspectives on the policy’s implementation and effects:

On Feasibility

  • Mark Kantrowitz, higher education expert, questions the accelerated timeline: “It sounds like they are not pursuing the normal due diligence schedule for collecting defaulted federal student loans.” (CNBC)

On Economic Impact

  • Pew Research found 79% of borrowers who experienced wage garnishment reported it had a “major” financial impact, more severe than other consequences of default. (Pew Trust)
  • Federal Reserve projections suggest borrowers with delinquencies could see credit scores fall by up to 171 points, affecting their ability to secure housing and transportation. (CNBC)
  • Mike Pierce, executive director of the Student Borrower Protection Center, warns: “This will further fan the flames of economic chaos for working families across this country.” (Student Borrower Protection Center)

On Business Impact

  • Small business advocates note the disproportionate burden on smaller operations without dedicated compliance resources.
  • Scott Buchanan, executive director of the Student Loan Servicing Alliance, emphasizes proactive approaches: “Most borrowers…they’re not in danger of default today, but in five months, they could be. Taking action today is pretty important.” (NEPM)

Conclusion

The resumption of student loan wage garnishment represents a significant administrative challenge for employers, particularly small and mid-market businesses. While the legal framework for these garnishments is well-established, the sudden implementation after a five-year pause creates operational burdens with minimal preparation time. Small businesses face disproportionate impacts due to limited administrative resources, higher garnishment rates, and potential liability risks. For affected employers, developing clear internal processes, ensuring payroll systems can handle garnishment calculations, and documenting all actions will be crucial to navigating this policy shift without incurring significant costs or liability exposure.

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California Minimum Wage by City and County: What Employers Need to Know

Summary

  • Payroll deductions can be more challenging to manage for hourly teams due to different factors such as variable schedules, different pay rates, higher turnover, and location-based compliance rules.
  • Handling payroll deductions for hourly teams goes beyond automation. It requires a system that can adapt to the complexities of hourly work. 
  • Workforce.com’s payroll software simplifies deduction tracking, ensuring accurate wage calculations and compliance on every pay run.

Effective January 1, 2025, the minimum wage in California is at $16.50 per hour. But that’s not the only thing you should know, especially if you have multiple business locations in the state. Many cities and counties in California have their own minimum wage laws, many with rates higher than the state’s. 

Whether you’re operating in one city or twenty, staying compliant means more than being adept at the law; it’s about having the systems in place to implement it.

The minimum wage landscape in California

California’s state minimum wage is currently $16.50, which is well above the federal minimum, with enforcement being overseen by the Department of Industrial Relations. The 2025 increase was deemed necessary because the consumer price index (CPI) grew by 3% over the previous year, as required by state law. 

California also enforces prevailing minimum wage laws specific to certain industries, such as fast food and healthcare.

  • Fast food employees – $20 per hour, effective April 1, 2024 for covered workers
  • Healthcare workers – $18-23 per hour effective October 16. 2024 for covered workers depending on the type of facility

Beyond statewide and industry-specific labor laws, business owners must also monitor local minimum wage rates. Some localities follow the state minimum wage, but other cities and counties impose their own, which is often higher than the state’s. Cost of living, economic conditions, and local policy goals are typically the factors that drive local regulations for setting unique minimum wage rates.

California minimum wage by city or county

Below is a breakdown of cities and counties in California that have their own, many of which have higher minimum wage rates than the state’s.

City/County2025 Minimum Wage
Alameda$17
Belmont$18.30
Berkeley$18.67
Burlingame$17.43
Cupertino$18.20
Daly City$17.07
East Palo Alto$17.45
El Cerrito$18.34
Emeryville$19.36
Foster City$17.39
Fremont$17.30
Half Moon Bay$17.30
Hayward$17.36

*$16.50 or state minimum wage for businesses with 25 or fewer employers
Los Altos$18.20
Los Angeles City$17.28
Los Angeles County (unincorporated)$17.27
Malibu$17.27
Menlo Park$17.27
Milpitas$17.70
Mountain View$19.20
Novato$17
Oakland$16.89
Palo Alto$18.20
Pasadena$17.50
Petaluma$17.97
Redwood City$18.20
Richmond$17.77
San Carlos$17.32
San Diego$17.25
San Francisco$18.67
San Jose$17.95
San Mateo$17.95
San Mateo County (unincorporated)$17.46
Santa Clara$17.27
Santa Rosa$17.87
Sonoma$18.02

$16.96 for employers with 25 or fewer employees
South San Francisco$17.70
Sunnyvale$19.00
West Hollywood

Local minimum wage variations by size

In some cities, local minimum wages include different rates based on employer size. For example, Hayward and Sonoma set lower minimum wage thresholds for small businesses with 25 or fewer employees. 

This adds yet another layer of complexity for business owners, especially when it comes to calculating pay accurately and staying compliant across multiple jurisdictions. 

Understanding unincorporated localities 

Another detail to watch out for is unincorporated areas. These regions are not part of an incorporated city but fall under the direct jurisdiction of the county government. 

Take Los Angeles County, for example. Cities like Los Angeles or Pasadena have their own local governments and wage laws. But places like Hacienda Heights and Walnut Park are unincorporated and are not part of the City of Los Angeles but within Los Angeles County. This means that the county’s minimum wage applies to them, not the city’s.

Challenges for California employers

Handling minimum wage in California presents unique challenges, especially for businesses operating in multiple areas. Here are some challenges business owners typically face and tips on what to watch out for:

Payroll complexities

Managing payroll is never simple, but it becomes more complex when you’re dealing with multiple locations, varying pay rates, and hourly employees working in various roles. Add to that the different local minimum wages across cities and counties. It could be easy to overlook details, such as mistakenly paying an employee in an unincorporated area the city minimum wage rather than the county wage.

Inconsistent labor costs

Multiple minimum wages in California, along with industry-specific wage laws, overtime and meal/rest break laws, and other labor ordinances, can lead to inconsistent labor costs for businesses in the state. This presents a significant challenge to organizations wanting to keep their labor costs leveled and consistent as much as possible. 

Wage compression issues 

Wage compression occurs when the pay gap between entry-level employees and more experienced workers narrows. This often happens when minimum wage increases outpace raises for more seasoned staff, making the difference between the two smaller. 

To further illustrate, here’s an example. Let’s say your business in Los Angeles used to pay entry-level workers $16 and shift supervisors $18. And now, the minimum wage is at $17.28 per hour. Naturally, entry-level pay should follow this new rate to comply with the law. However, your shift supervisors will end up just earning $0.72 more, which may not be reflective of their responsibilities and roles. 

This can result in a drop in morale, and experienced employees may feel undervalued. Raises may also become reactive rather than strategic, creating a ripple effect in your payroll structure.

Best practices for complying with California’s minimum wage laws

California has one of the most complex labor landscapes in the country, including local minimum wage rates and rules. So, how do employers stay on top of compliance?

Automate HR and payroll

Even the most experienced payroll and HR professionals can make mistakes, especially when handling multiple wage rates across cities, industries, and employee roles. That’s why using software to automate processes is vital.

However, not all payroll systems are built the same. If you’re managing something as nuanced as California minimum wage laws, you need a robust and centralized system. This is where Workforce.com comes in, and these are the ways it helps California businesses stay compliant and efficient:

  • Wage and hour automation: Multiple pay rates and minimum wages are the least of your concerns with Workforce.com. The platform automatically applies the minimum wage according to role and location, including cases where employees work multiple roles across different cities. It also accurately calculates overtime.
  • Employee classifications: Another cause of payroll mistakes is misclassifying employees, and that’s one thing that Workforce.com eliminates for employers because all data and information live in one place. This includes employee details, such as their employment status, corresponding pay rates, and bank information. If any employee information gets changed down the line, it’s reflected instantly across schedules and payroll. No need for manual re-entry.
  • Accurate time and attendance tracking: Inaccurate employee time logs can lead to payroll mistakes.. Workforce.com turns employee clock-in and clock-out into timesheets, which managers can easily verify and check.
  • Labor forecasting: California’s ever-changing labor rules can cause inconsistent labor costs. Workforce.com helps stabilize costs by forecasting demand based on relevant factors such as historical sales, upcoming events, booked appointments, foot traffic, and even weather.

    When creating schedules, managers can easily see how much each shift would cost and receive alerts if they schedule someone for overtime or forget to schedule break times. This will help avoid unnecessary labor costs or potential fines for non-compliance. 
  • Real-time alerts: Managers get live updates when employees fail to clock in or out for a shift or break time. They will also get alerts when employees are about to breach overtime, especially if they’re not scheduled for it. This allows teams to fix small issues before they turn into bigger problems.

Conduct regular wage audits

Conducting wage audits in the state of California is essential because it helps employers stay on top of local rate changes. While most cities raise their minimum wages annually, note that they can do so on different schedules. 

Regular wage audits ensure your pay structure reflects the latest local rates. They also help you catch wage compression issues early, keeping your compensation strategy fair and employee morale intact. In case you face a labor board inquiry or employee complaint, having audit records on hand gives you the evidence you need to respond quickly.

Train your managers

Automation is powerful, but it also pays to equip your managers with the right information and training on handling complicated labor rules. 

Regularly train your management team on California’s local wage laws. These rules can change frequently, so ongoing refreshers are vital. Managers should also have tools and resources to help them explain wage-related issues and faqs to employees and recognize compliance gaps in workflows or systems.

California’s minimum wage rules can change quickly. Stay ahead by automating wage rates and catching compliance issues before payroll with Workforce.com. See the platform in action and book a demo today. 

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Overtime Pay Laws | States + Federal (2025 Update)

Summary 

  • Federal overtime laws require that employers provide overtime pay to those who work over 40 hours per workweek.

  • Many states have their own overtime laws. States that do not have their own overtime rules default to the federal law. 

  • Many employers opt to use specialized payroll platforms that can automate overtime calculations and payments. 

If you are in charge of hourly employees, it’s likely that there will be days, weeks, or even months when your staff needs to work extra hours. Whether that’s over a typical eight-hour workday or a 40-hour workweek, the federal government has made it mandatory to compensate all non-exempt employees. This is important as it protects workers and rewards them for the additional time they spend supporting your business. 

Some states have their own overtime laws, while others do not. It’s crucial to stay informed on the current overtime regulations in your state. In fact, if an employer willfully or repeatedly violates overtime requirements, they will be subject to a civil money penalty of up to $1,000 for each violation. 

Luckily, the laws themselves are relatively straightforward. Below we’ve compiled the federal laws along with a table outlining the overtime laws by state. 

Jump to overtime law table

Federal overtime laws 

According to the US Department of Labor, federal laws on overtime pay are determined by the Fair Labor Standards Act (FLSA). The FLSA states that all non-exempt employees are entitled to overtime pay for working over 40 hours in a workweek. If an employee has exempt status, such as a salaried employee, you are not required to provide overtime. 

The rate of overtime pay must be no less than time and a half their usual hourly rate of pay (or 1.5 times the regular rate of pay). Additionally, there is no limit to the number of hours an employee can work in any workweek. 

A “workweek” is seven consecutive days or a fixed set of 168 hours. These seven days do not need to align with a typical calendar week or job starting time. As long as a fixed and regularly recurring schedule is established, employees should receive the overtime rate owed to them. Typically, overtime pay is included with the wages earned in a regular payday or pay period. 

Forced overtime work

In most states, workers can be “forced” to work overtime by their company. Employers can schedule workers for any shift length or consecutive work days. Additionally, federal law does not require breaks to be provided to the employee. However, many states have mandatory breaks and paid rest periods. If a worker refuses to work overtime, the employer has a legal right to terminate the employee. 

Salaried employees and other overtime exemptions 

Various occupations and job duties are exempt from overtime pay. The standard salary level that currently exempts executive, administrative, and professional (EAP) employees is at $684 per week ($35,568 annually). 

On April 2024, the U.S. Department of Labor announced a rule that aims to increase the salary thresholds for EAP employees to $844 per week ($43,888 annually) effective July 1, 2024, and further to $1,128 per week ($58,656 annually) starting January 1, 2025. However, the U.S. District Court for Eastern District of Texas vacated the 2024 final rule. Currently, the 2019 thresholds are being enforced.

Examples of some exempt roles include: 

A state-by-state breakdown of overtime laws

If a state does not have its own overtime laws, it must default to the federal law. However, if a state has its own overtime laws, the state law is added on top of the federal law. In other words, employers need to abide by whichever law is more generous and provides their staff with the highest earnings. 

When it comes to remote workers who work in different states, the labor laws of the state in which they are physically located and perform work apply. This is true regardless of where the company is located. So if your company is based in New York, but your employee is working from California, you would follow California’s overtime laws for that employee. 

A look at overtime laws by state

Column two denotes whether or not a state has a law establishing a daily overtime threshold and the rate at which these hours are paid. The dashes indicate that the state does not have any laws pertaining to daily overtime. 

Column three lists each state’s weekly overtime threshold as well as the rate at which overtime is paid. States with notable exceptions or unique labor laws have links to their respective Department of Labor pages. 

StateDaily OT thresholdWeekly OT threshold 
Alabama–40 hours (1.5x)
Alaska8 hours (1.5x)40 hours (1.5x)
Arizona–40 hours (1.5x)
Arkansas–40 hours (1.5x)
California8 hours (1.5x) / 12 hours (2x)40 hours (1.5x)
Colorado12 hours (1.5x)40 hours (1.5x)
Connecticut–40 hours (1.5x)
Delaware–40 hours (1.5x)
D.C. –40 hours (1.5x)
Florida–40 hours (1.5x)
Georgia–40 hours (1.5x)
Hawaii–40 hours (1.5x)
Idaho–40 hours (1.5x)
Illinois–40 hours (1.5x)
Indiana–40 hours (1.5x)
Iowa–40 hours (1.5x)
Kansas–46 hours (1.5x)
Kentucky–40 hours (1.5x)
Louisiana–40 hours (1.5x)
Maine–40 hours (1.5x)
Maryland–40 hours (1.5x)
Massachusetts –40 hours (1.5x)
Michigan –40 hours (1.5x)
Minnesota–48 hours (1.5x)
Mississippi–40 hours (1.5x)
Missouri–40 hours (1.5x)
Montana–40 hours (1.5x)
Nebraska–40 hours (1.5x)
Nevada8 hours (1.5x)40 hours (1.5x)
New Hampshire–40 hours (1.5x)
New Jersey –40 hours (1.5x)
New Mexico–40 hours (1.5x)
New York–40 hours (1.5x)
North Carolina–40 hours (1.5x)
North Dakota–40 hours (1.5x)
Ohio–40 hours (1.5x)
Oklahoma–40 hours (1.5x)
Oregon–40 hours (1.5x)
Pennsylvania–40 hours (1.5x)
Rhode Island–40 hours (1.5x)
South Carolina–40 hours (1.5x)
South Dakota–40 hours (1.5x)
Tennessee–40 hours (1.5x)
Texas–40 hours (1.5x)
Utah–40 hours (1.5x)
Vermont–40 hours (1.5x)
Virginia–40 hours (1.5x)
Washington–40 hours (1.5x)
West Virginia–40 hours (1.5x)
Wisconsin–40 hours (1.5x)
Wyoming–40 hours (1.5x)

As you can see from the table above, the majority of states base overtime pay on a 40-hour workweek, defaulting to the federal law. However, some states require overtime pay based on the hours worked in a single workday or other unique exceptions. Below we’ve delved into a few examples of state-by-state exceptions. For other exceptions, click through the links in the table above. 

California 

In California, employers are required by law to provide 1.5x pay for every hour an employee works beyond: 

  • 40 hours in a workweek
  • 8 hours in a workday 
  • 6 days in a workweek  

Moreover, California also has a law in which an employer must pay 2x an employee’s regular hourly rate, also known as double time pay, if they work over:  

  • 12 hours in a workday 
  • 8 hours on the seventh consecutive day of work in a workweek

Alaska

Like California, Alaska’s state overtime law requires that employers pay overtime when a non-exempt employee logs more than 40 hours of work and eight hours in a workday. However, the overtime rules have a number of exemptions related to occupations in agriculture and aquatic work. ‌

Colorado

Colorado’s state overtime law requires overtime pay for hours worked beyond: 

  • 40 hours in a workweek 
  • 12 hours in a workday 
  • 12 consecutive hours, regardless of the start and end time of the workday  

Kansas 

Unlike the conventional 40 hours of most states, Kansas overtime law requires employers to pay overtime when an employee has worked over 46 hours in a workweek. However, because the FLSA requires that overtime is awarded at 40 plus hours, Kansas businesses that are covered by the FLSA must follow the federal law. If not, they must follow Kansas’s overtime rules for non-exempt employees.  

Minnesota 

Minnesota’s state overtime law requires companies to pay overtime for those working over 48 hours in a workweek. Like Kansas, Minnesota businesses covered by FLSA must follow the federal law. 

Stay on Top of Overtime

Overtime is expensive. While necessary at times, ideally, it should never be the norm. If you find yourself consistently paying out overtime hours even in the face of manageable workloads, something is probably wrong. Check out the free webinar below to figure out how to keep your labor costs low by drilling down on where you are overspending on overtime. 

Webinar: How to Lower Your Overtime Hours

For the few times you do need to pay overtime, make sure you are doing it correctly. There are many ways to do this; however, manually tracking and calculating overtime hours is a dangerous game.

Workforce.com’s Payroll platform makes the hassle of recording, calculating, and paying overtime much easier. Through an extensive time clock system, employee overtime hours and pay are automatically compiled on electronic timesheets, helping you improve visibility, reduce errors, and avoid compliance risks. With special tags, you can customize multiple earnings rates to match your state’s specific overtime rules. These rates automatically trigger whenever an employee crosses into overtime. 

To learn more about how Workforce.com can help you manage overtime, book a call today. 

This information is for general purposes only and should not be considered legal advice. While we strive to keep it updated, labor laws and regulations can change at any time. It’s always a good idea to consult with a legal professional or relevant authorities to comply with the most current standards.

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Paid Sick Leave in Missouri: What Employers Need to Know as Repeal Efforts Loom

Summary

  • Paid sick leave in Missouri will take effect on May 1, 2025. However, some groups and state lawmakers are currently opposing it.
  • Under the law, employees can accrue an hour of paid sick leave for every 30 hours worked.
  • More than a compliance plan, employers need an all-in-one system that adapts as the law evolves.

Paid sick leave in Missouri is set to take effect on May 1, 2025. Proposition A, approved by Missouri voters in November 2024, introduces significant changes to the state’s labor laws, including mandatory paid sick leave for many workers. 

Under the new law, employees will accrue one hour of paid sick leave for every 30 hours worked. Businesses with fewer than 15 employees must offer up to 40 hours of paid sick leave per year, while larger employers must provide up to 56 hours annually. Exceptions apply to certain workers, like government employees and businesses making less than $500,000 in annual revenue. 

In addition to paid sick leave, Proposition A also increases the minimum wage to $15 by January 1, 2026.

Efforts to repeal Proposition A

Proposition A faces pushback from business advocacy groups and state lawmakers who argue the law is flawed and burdensome for employers. 

The Missouri Chamber of Commerce and Industry, the Missouri Grocers Association, the Missouri Restaurant Association, the National Federation of Independent Businesses, and three individuals linked to these organizations have filed a lawsuit challenging Proposition A with the Missouri Supreme Court. 

The plaintiffs claim the ballot summary and fiscal note were misleading and argue that Proposition A violates the state constitution’s single subject rule by combining minimum wage and sick leave provisions into one measure. 

Lawmakers are also moving to repeal Proposition A. House Bill 567 pushes to overturn paid sick leave rules and remove inflation-based minimum wage adjustments. The bill has passed the Missouri House and is currently being considered by the Senate. However, it doesn’t have an emergency clause, which means that even if it’s enacted, it would not become effective until August 28, 2025.

Tips for managing Missouri’s paid sick leave law

Missouri’s new paid sick leave law isn’t just a challenge for policymakers. It also puts employers in a tough spot. Businesses must balance compliance with labor laws while staying agile in case of legal or legislative changes. Here’s how employers can stay ahead. 

Focus on the facts and prepare accordingly

Proposition A will take effect on May 1, 2025. Therefore, employers should be ready to implement paid sick leave policies by that date. 

  • Notify employees in writing about the earned paid sick time policy by April 15, 2025, as mandated by the law. 
  • Ensure payroll and scheduling systems are updated to track sick leave accrual and usage. 
  • Train managers on policy changes to avoid confusion and ensure employee questions can be addressed.

Monitor any legal developments 

Labor laws are constantly changing, and Proposition A remains a pressing issue in Missouri courts and legislature. Rules can change at any time, and employers must always be updated about developments.

Check the Missouri Department of Labor for official updates and guidance, monitor senate discussions, and review bill statutes and amendments to stay on top of changes that could impact compliance.

Be prepared to adjust

Missouri’s paid sick leave laws can change at any time. With lawsuits and legislative challenges underway, they could be amended, repealed, or upheld. A flexible system allows employers to adjust quickly, regardless of the outcome. 

Workforce.com helps organizations stay compliant and adapt to potential changes by:  

  • Automatically tracking sick leave accrual based on hours worked. 
  • Providing employees real-time access to their leave balances via a mobile app. 
  • Calculating accurate sick leave payouts and preventing payroll errors.
  • Employees can check their leave balances anytime through the employee mobile app. 
  • Offering real-time visibility into who’s out sick, helping managers fill vacant shifts with available and qualified staff. 
  • Enabling HR teams to instantly adjust policies and ensure staff have easy access to updated rules. 

Missouri businesses need more than just a plan. They need a system that adapts as Proposition A evolves. A flexible, all-in-one system for time and attendance, employee scheduling, HR, and payroll is vital to keeping up. Workforce.com simplifies compliance and helps you adapt to legislative changes with ease. Book a call to learn how. 

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California Pay Transparency Law: How to Comply and Promote Fair Pay

Summary

  • California has strict pay transparency laws that require employers to include pay ranges in job postings. Current employees also have the right to request pay scale information at any time.
  • While these laws promote fairness and build trust, they can also create challenges, particularly with recordkeeping and other administrative tasks.
  • HR and payroll software can simplify compliance and help businesses stay organized.

Pay transparency is a strategy to attract talent and retain current staff. In California, pay transparency is backed by a series of regulations, one of the most recent being Senate Bill 1162. 

With the bill’s enactment, employers in California must be upfront about pay scales and clearly communicate them to candidates and current employees. While the bill intends to promote transparency, retention, and engagement, putting it into practice isn’t always straightforward, especially for employers who handle various job positions, locations, and levels of expertise. 

​​So, what does the bill require, and how can hourly workforces implement these rules? Let’s take a closer look.

What is California Senate Bill 1162?

California SB 1162 is legislation that aims to promote transparency in pay scale disclosure. It requires employers to reveal pay ranges in job postings, submit pay data reports, and take steps to uphold pay transparency in the state. It went into effect on January 1, 2023.

Essentially, this bill encompasses transparency with job listings, current employees’ right to know, and recordkeeping and applies to California employers with 15 or more employees. Here are some fundamental points that the bill entails:

  • Employers must disclose the pay range for a position in any job listing. If you employ a third-party recruitment agency, they should also include pay information in their job descriptions and job posts. 
  • Should current employees request it, employers must provide the pay scale of their position. 
  • Employers must keep records of each employee’s job title and wage history for the duration of the employee’s employment and three years after the end of employment. This information must always be ready for inspection by the Labor Commissioner’s Office. 
  • If an employee files a complaint and pay records are not available, it could be a point against the employer in court. 
  • Failure to comply can result in investigations by the Labor Commissioner. If violations are proven, penalties can be imposed. 
  • If someone is “harmed” based on this legislation, meaning they didn’t get any pay information as stated in the law, they can sue the company or seek legal remedies by taking them to court.

SB 1162 basically makes pay information more transparent and accessible, helps employees understand how much they can earn, and ensures that companies have the pay records and information to justify their pay decisions.

Other California Laws on Pay Transparency

California is known for having some of the most comprehensive employment laws, such as overtime pay and cell phone usage laws. The state takes the same thorough approach to pay transparency and disclosure requirements. Aside from SB 1162, here are other relevant state laws.

Pay Data Reporting

Under Senate Bill 973, private employers with 100 or more employees must submit an annual report on pay data to the California Civil Rights Department. SB 1162 expanded this and included rules on pay scale transparency and record keeping. The annual pay data report must cover pay information by race, ethnicity, and gender with specific job categories and is due every second Wednesday of May.

Salary History Ban

Aside from pay transparency and reporting, California Assembly Bill 168 also prohibits employers from asking about an applicant’s salary history or using their past pay information to make a salary offer. Employers, however, can ask applicants for their expected salary.

Wage Theft Protection Act

This act requires employers to provide a notice that contains specific information once they hire an employee. It should include:

  • Rate or rates of pay and if it’s paid by the hour, shift, day, week, salary, piece, or commission. 
  • Overtime rate
  • Applicable allowances that count toward minimum wage, such as for meals or lodging
  • Regular payday
  • Employer details such as name and other names they do business under, physical and mailing address, telephone number
  • Contact details of employer’s worker’s compensation insurance carrier
  • Any other necessary information deemed by the Labor Commissioner

Should the said notice change, employees must be notified in writing within seven calendar days unless the changes are reflected on the next pay stub or another legal notice with the updated details is issued within seven days. 

Whistleblower Protection and Anti-Retaliation Law

California offers another layer of protection for employees who report disparities in pay information. Under this law, an employer cannot retaliate against an employee who discloses information to law enforcement, an investigative body, or someone with authority to address the issue about a law violation, a regulation not being followed, or unsafe working conditions. 

Employees are also protected if they refuse to participate in activities they believe would break the law. Even if an employee hasn’t reported anything but the employer suspects they did, that employee is still protected under whistleblower laws. 

If an employer retaliates against a whistleblower, they may be required to reinstate the employee’s employment and work benefits, pay lost wages and civil penalties, and take other actions to comply with the law. 

The Impact of Pay Transparency Laws on Hourly Teams

Pay transparency laws can pose both advantages and challenges for hourly workforces. Such legislation helps enhance the employee experience, promote retention, and build trust. However, it can also come with administrative challenges, especially with recordkeeping and managing pay scales for each role. 

Benefits

Greater wage transparency

Employees value transparency, especially with pay ranges and information. Pay transparency laws promote fairness and avoid any wage disparities. Such regulations also open the floor for better wage discussions, which can lead to higher morale and increased job satisfaction.

Improved hiring and retentionIncluding pay ranges in job listings helps attract job seekers who are not only interested in the role but also comfortable with the offered compensation. This speeds up the hiring process by filtering out those with mismatched salary expectations. It also helps with retention because when employees know the pay range upfront, they’re less likely to feel blindsided or dissatisfied later on.

Challenges

Consistency with pay scales

Staying on top of pay ranges can quickly become complicated when wages vary by location or experience level. 

For example, the cost of living across cities can impact salary ranges. Typically, pay rates are higher in cities like San Francisco due to the higher cost of living compared to smaller towns, making it challenging to balance out pay ranges across multiple locations. 

Roles can also differ significantly, even if they share the same title. The same position might carry different responsibilities depending on the team or location. Additionally, ensuring pay equity between new hires and existing employees can be tricky.

With all of these factors in play, employers must carefully document pay ranges, justify their pay decisions, and comply with pay transparency regulations.

Wage increases and bigger budget allocations

Employers may have to allocate bigger wage budgets to maintain pay equity. Pay transparency laws may also prompt current employees to request wage adjustments if they find that their current pay is on the lower end of the scale. 

Recordkeeping

Complying with pay transparency laws involves meticulous recordkeeping. This can be especially true for big workforces that need to keep detailed records of all job titles and wage histories of employees across multiple locations. 

Employees’ preferences for specific shifts

For employers offering shift differential pay, transparency can influence employee preferences. Once pay differences are made clear, less popular shifts might become more desirable, leading to imbalances in shift coverage. Employers may need to rethink their differential pay strategies to ensure all shifts are adequately staffed.

How to Avoid Non-Compliance with Pay Transparency Laws

California’s pay transparency laws come with a lot of fine print, and it’s easy to unintentionally slip into non-compliance. To help you navigate these regulations, here are practical strategies to keep you on the right track:

Implement smart recruitment practices

Never forget to include pay ranges and other components of employee compensation on your job listings. This level of transparency not only keeps you compliant but also helps you attract job applicants who are comfortable with the pay offered, speeding up the hiring process.

Workforce.com’s applicant tracking system simplifies this by allowing you to use in-store QR codes to attract local talent. When candidates scan the code, they can instantly view the job opening and pay range. You can even add a follow-up question to confirm that they’re aware of the compensation package before proceeding with the application.

Optimize recordkeeping for audits 

Managing multiple pay rates is complex, and manual processes can quickly lead to errors and compliance issues. Automating recordkeeping is vital to staying organized and compliant. With the right system, you can easily store, retrieve, and sort pay data. No need to scramble to gather information during audits or employee requests. 

An automated solution keeps all pay info in one place, making it simple to pull up details anytime. If the Labor Commissioner knocks or an employee asks for their records, you’ll be ready.

Workforce.com makes it easy to keep employee records and pay data organized. Staff can access their information, and management can quickly pull reports for audits or compliance checks.

Keep employees informed of any pay-related information

Pay transparency isn’t just about disclosing wage ranges—it’s about keeping employees consistently informed. In addition to providing access to their wage details, make sure to issue regular pay stubs. Automating this process reduces administrative work and ensures compliance.

Pay stubs should clearly outline their wage rates, earnings, overtime, deductions, and withholdings. Workforce.com’s payroll software automatically generates detailed pay stubs each payday, giving employees easy access to their payment breakdowns and salary information.

Define pay criteria for pay variations

You need to keep a record of pay data and justify assigning pay ranges to a particular role. Establish a clear policy that defines your pay scale criteria, such as experience, location, shift differentials, and team assignments. Communicate these criteria to employees so they understand how pay ranges are determined.

Provide training and support to HR and managers

Pay discussions can be sensitive, and managers must know how to handle them appropriately. Provide training and guidance on how to effectively address pay scale inquiries and manage pay adjustment requests. Equip them with the information and talking points that will allow them to explain company decisions clearly. 

Simplify compliance with Workforce.com

Complying with pay transparency involves handling data and keeping its integrity intact. Workforce.com is an end-to-end HR, payroll, and scheduling system designed for the needs of hourly teams, including labor compliance. It helps eliminate the administrative burden that can come with complying with intricate laws such as California’s pay transparency laws. It has one source of information, which means that the chances of errors or things falling through the cracks are minimized. 

Discover how different businesses stay on top of labor laws while keeping their teams efficient with Workforce.com. Book a call today. 

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California Overtime Laws Explained: What Employers Need to Know

Summary

  • California has some of the most comprehensive employment laws in the country, including overtime rules.
  • Compliance can be tricky because there are many nuances and rules that employers need to understand and implement.
  • Payroll software can ensure that workers entitled to overtime compensation in California are paid correctly and simplify compliance for employers.

California has some of the strictest overtime laws in the country, ensuring that employees are paid fairly for the extra hours they work. However, due to these strict rules and recent court decisions, many employers struggle to get it right, which can lead to costly lawsuits and hefty fines. 

If you’re running a business in California, understanding overtime rules and staying updated with the regulations is crucial to staying compliant and paying your workers correctly. This guide will explain who qualifies for overtime, how it’s calculated, and best payroll practices to get it right. 

Knowing the difference between California’s overtime rules and federal overtime laws

Under the Fair Labor Standards Act (FLSA), non-exempt employees earn overtime pay if they work more than 40 hours in a workweek at a rate no less than one and a half times their hourly rate. This is also known as time and a half pay.

Sounds simple, right? Well, California has its own rules. According to the California Division of Labor Standards Enforcement (DLSE), overtime applies when an employee works more than 8 hours in a single workday or over 40 hours in a single workweek. Additionally, for especially long shifts, California law requires double-time pay, a rule that goes beyond federal law.

When federal and state laws differ, the more beneficial rule to the employee prevails.Here’s a brief breakdown of how federal and California overtime rules differ:

RuleFLSA LawCalifornia Law
When overtime pay takes effectOver 40 hours a weekOver 8 hours in a workday or 40 hours in a workweek
Overtime pay rate1.5x of regular rate after 40 hours1.5x after 8 hours a day
2x after 12 hours a day
Seventh consecutive dayNA1.5x for first 8 hours
2x after 8 hours
Double timeNA2x regular rate after 12 hours a day or after 8 hours on 7th consecutive workday

Key areas of CA overtime rules that employers must know

California’s overtime laws are strict, and understanding them is essential for staying compliant and ensuring employees are paid correctly. Below are some of the most important areas employers should know when handling overtime pay.

Regular rate of pay

Understanding an employee’s regular rate of pay is at the core of calculating overtime pay in California. So, what is it exactly?

The regular rate of pay refers to compensation for the work done, and it goes beyond a worker’s hourly wages. It could also include commissions, piecework earnings, and salary. The regular pay rate should never be lower than the applicable minimum wage. 

It’s important to note that bonuses may or may not be included when computing the regular rate of pay. If it’s a nondiscretionary bonus or bonuses tied to work performance or output, it’s typically included in the computation of the regular rate of pay. Discretionary bonuses, meanwhile, are not included since they are bonuses or rewards that are not usually incentives that are discussed before work commences or are given during special occasions. 

Alternative workweek schedules and multiple pay rates

What if your employees don’t work the standard 8-hour workday, 40-hour workweek? If your employees work on an alternative schedule, like 10 hours a day for 4 days or 12 hours a day for 3 days, the computation for weekly overtime will still apply once you hit the 40-hour mark for the workweek. 

Meanwhile, if an employee has two or more pay rates, the overtime computation will be based on a weighted average based on their total earnings for the workweek. 

Commissions and piecework payments

California employees earning commission or piece-rate pay have two ways to calculate their regular rate of pay for overtime. First, they can use the commission as the regular rate of pay and calculate overtime by one and one half times (1.5x) that rate for hours exceeding 8 hours in a day or two times(2x) for any hours beyond 12 in a single day. 

Meanwhile, another way to calculate is to get a regular hourly rate from all the earnings. You do that by adding up all earnings for the week (including commissions and overtime pay) and dividing it by the total number of hours worked (including overtime hours). For each overtime hour, an employee gets an extra .5 pay for hours over 8in a day or 40 in a week or an extra 1x pay for hours over 12 in a day. 

If a team works together on a piece-based pay, the total number of pieces made is divided among the workers. The regular rate is calculated by dividing their earnings by their work hours. The regular rate cannot be less than the minimum wage.  

Unauthorized employee overtime

What employees work overtime and it’s not authorized? Employers still need to pay up. Workers are entitled to overtime pay if they “suffered or permitted to work, whether or not required to do so, ” meaning that it is work that the employer knew or should have known about. 

In such cases, employers can discipline their workers if they incur unauthorized overtime, but workers must still be paid.  

Collective bargaining agreements

According to California’s Labor Code, allows some exemptions from state overtime rules if a valid collective bargaining agreement meets specific conditions such as a clear outline of overtime rates and rules, a regular hourly wage that is at least 30% more than the state minimum wage, and providions for wages, hours, and working conditions.

CBAs in construction, hospitality, motion picture and TV production, healthcare can often modify overtime rules.

Who’s entitled to overtime pay in California? 

Most hourly employees qualify for overtime. Salaried employees may also be eligible if their job duties don’t meet exemption requirements. Typically, executives, administrative professionals, and some high-level salaried employees are exempt, but employers must ensure they meet the strict exemption criteria.

When should employees receive overtime pay? 

Overtime must be paid by the next regular payday, but not later. Regular wages for hours worked must be paid on time according to the usual pay period. Only overtime can be deferred to the next regular pay period.

The cost of noncompliance to California overtime rules

Non-compliance to California overtime laws can set your business back big time. It can result in repayment of unpaid wages, penalties, massive settlements, and expensive lawsuits.

Take the case of AOCLSC. While the company didn’t admit to the allegations, it settled a $920,000 lawsuit filed for allegedly failing to pay the correct hourly, minimum, and overtime wages under California law. The complaint also included failure to provide meal breaks, rest periods, and accurate wage statements.

As a result of the settlement, non-exempt employees who worked for the company in California between May 8, 2019 and May 15, 2023. The same goes for the Private Attorneys General Act class of AOCLSC employees who worked between June 1, 2021, and May 15, 2023.

Then there’s Alvarado v. Dart Container Corporation of California, which underscores just how precise overtime calculations must be. It centered around how the regular rate of pay for overtime calculations was computed, especially with a flat-sum bonus involved. In this lawsuit, the plaintiff received a $15-dollar bonus for working the weekend, and the court ruled that the bonus should be included in calculating the regular rate of pay. 

Again, this further reiterates that employers should carefully examine all the remunerations an employee receives because even seemingly minor bonuses can impact payroll calculations.

The takeaway? Getting overtime laws wrong, even unintentionally, can lead to financial consequences and wage claims. California’s wage and hour laws have comprehensive rules and protections to ensure employee are paid fairly. However, they can be complex, and employers must correctly calculate regular pay rates, bonuses, and overtime wages to avoid costly mistakes.

Payroll best practices for complying with CA overtime rules

California overtime laws can be complicated, nuanced, and constantly evolving, with court rulings shaping how they’re applied. But with the right payroll practices, California employers can stay compliant, avoid mistakes, and pay employees accurately.  

Classify employees correctly from the start

Misclassifying employees is one of the biggest (and most expensive) mistakes employers make. Get employee classifications correct upon onboarding. If you get this right from day one, you’ll properly calculate accurate wages, pay proper overtime, and comply with the rules. However, that can be easier said than done, and you should double-check whether a worker’s duties meet the overtime pay criteria. 

Many assume salaried employees are automatically exempt from overtime, but that’s not always true. Some salaried workers still qualify for overtime, depending on their job duties and earnings. Always double-check the latest state and federal rules to properly classify employees.

Track employee time accurately

Overtime calculations are only as good as your timekeeping system. Wage and overtime calculations will depend on employee time logs. You should have a system that accurately records total hours of work, break and rest times, and hours of overtime, not just for accurate pay computations but also for proper recordkeeping. 

If you ever face an audit or a wage dispute, having clear, reliable time records can protect your business and prove compliance. Invest in a digital time-tracking system that makes it easy to maintain accurate records and minimize errors.

Calculate the regular rate of pay correctly

A miscalculated regular rate of pay can easily land you in legal hot water and result in unpaid wages. Overtime pay is based on this rate, so it must include all eligible earnings like commissions, piecework, and nondiscretionary bonuses. Get this wrong, and you risk underpaying employees, leading to potential lawsuits and penalties.

Automate compliance at critical steps

Compliance mistakes often happen when things slip through the cracks. Automation can safeguard your team from committing unintentional violations. Implement a system that alerts you when you’re about to hit unplanned overtime, an employee missed a meal or rest period, there are discrepancies in time logs, or when you’re creating schedules that can create unnecessary overtime.

Optimize schedules to minimize overtime

Overtime isn’t necessarily bad, but it’s often unavoidable when demand is high. However, excessive or unplanned overtime can drain your budget and create compliance risks.

Using labor forecasting, you can prevent unnecessary overtime, ensure proper staffing levels, and avoid last-minute surprises. With demand-based scheduling, you can pay overtime when it’s needed, but never by accident.

Workforce.com payroll can simplify compliance with CA overtime laws

Workforce.com is an all-in-one system designed to handle complex labor laws and ensure you release accurate pay every payday.

Payroll compliance starts long before payday. It begins with onboarding, time tracking, scheduling, and shift management. Workforce.com streamlines each step to reduce errors, prevent compliance risks, and ensure workers are paid correctly. 

  • Onboarding is automated; employees enter their details, eliminating double data entry and reducing errors.  
  • Time and attendance tracking records employee time logs, daily overtime, and ensures employees take meal and rest breaks.
  • Alerts will be sent when employees fail to take breaks, are about to exceed their legal work limits or hit unplanned overtime.
  • Accurate payroll calculations based on employee classifications, overtime rates, and state-specific rules that are automatically factored into payroll. 

See Workforce.com in action and discover how it can help you ensure compliance in California and beyond. Book a call today. 

This information is for general purposes only and should not be considered legal advice. While we strive to keep it updated, laws and regulations can change at any time. It’s always a good idea to consult with a legal professional or relevant authorities to compliance with the most current standards.

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Jury duty laws in every US state (2025)

Astronaut on the witness stand

Summary: 

  • Federal law doesn’t require employers to provide employees leave, compensation, or benefits for jury duty-related absences. It is up to states and employers to determine these rules. 

  • There are 10 states (plus the District of Columbia) that require employers to pay employees serving mandatory jury duty.

  • 17 states explicitly prohibit employers from requiring employees to use paid vacation or any other personal leave due to jury duty obligations.

While jury duty is legally required for those selected, most US citizens view it as not just a responsibility but also as an important civic function. According to Bar Prep Hero’s recent study, 60.2% believe jury duty should be mandatory for all citizens.

Some would rather avoid it if possible. Bar Prep Hero’s survey found that 9.2% admitted that they lied during jury selection in order to get out of jury duty. The biggest reason people want to avoid jury duty is that they see it as a financial inconvenience. 

When employees have to attend court for jury duty, they are unable to go to work for as long as the trial lasts. And even though employees are required by law to fulfill their jury duty if summoned, employers in a majority of states are not obligated to compensate them for working hours missed as a result of jury duty. 

Are you, as an employer, obligated to compensate or grant additional PTO to staff on jury leave? If you’re not sure, we’ve made a complete guide of jury duty laws by state to help you understand your legal obligations. 

How does jury duty work? 

Jury duty is not only a legal obligation but also an opportunity for American citizens to participate in their country’s judicial process firsthand. 

The jury selection process differs slightly depending on the jurisdiction, but it most commonly includes the following steps:

  • Summoning potential jurors: Potential jurors are randomly selected from a pool of eligible individuals. This pool is usually compiled from voter registration lists, driver’s license records, or other sources, depending on the jurisdiction.
  • Questionnaires: Potential jurors must complete questionnaires, answering basic questions about their occupation, educational background, and any potential biases or conflicts of interest. Diversity is an important factor when selecting juries. 
  • Jury panel selection: A group of potential jurors is called to the courtroom, and they are seated in the jury box. The judge and attorneys question potential jurors to determine their suitability for the case. The purpose is to identify any biases, prejudices, or personal experiences that could impact their ability to be impartial.

The judge and attorneys then select the final jurors who will serve on the jury for the trial. Their duty is to follow the trial proceedings — to listen to the evidence presented, witness testimonies, and arguments from both sides. Their duty is complete once the jury deliberates together and reaches a verdict based on the evidence and instructions provided by the judge.

While the length of your jury duty depends on the complexity of the trial, the Commonwealth of Massachusetts claims that most people finish their jury duty in a matter of one to three days in that state. Once a person has served jury duty, they will not be required to do so again for at least another three years. 

What federal laws say about employer responsibilities regarding jury duty 

According to the Fair Labor Standards Act (FLSA), federal law doesn’t require employers to provide employees paid leave for jury duty or with compensation or benefits. 

However, state laws are a different matter. Some states require employers to pay an employee while they are serving jury duty. Many have laws protecting employees from being fired or penalized while serving jury duty. Several have laws requiring employers to allow employees to use their paid time off (PTO) if they wish to do so for jury service. 

Employers also have the ability to create their own jury duty policies for employees. For example, employers in states that don’t require them to compensate employees for jury duty could create their own policy that does offer compensation in order to stand out from competitors in terms of employee benefits. 

Jury duty laws by state

Most employees don’t know what the laws regarding jury duty are in their state. That’s why it’s important for human resources (HR) professionals to have a full understanding of their legal requirements regarding jury duty leave, as well as their company’s specific policies if any exist. 

A total of 10 states (plus the District of Columbia) require employers to pay employees who are called to serve mandatory jury duty:

  1. Alabama
  2. Colorado
  3. Connecticut
  4. Florida (Broward County and Miami-Dade County) 
  5. Georgia
  6. Louisiana
  7. Massachusetts 
  8. Nebraska
  9. New York
  10. Tennessee 

There are also 17 states that explicitly prohibit employers from requiring employees to use any personal leave to fulfill their jury duty obligations.

  1. Alabama
  2. Arizona
  3. Arkansas
  4. Indiana
  5. Louisiana
  6. Massachusetts
  7. Mississippi 
  8. Missouri
  9. Nebraska
  10. Nevada
  11. New Mexico
  12. New York
  13. Ohio
  14. Oklahoma
  15. Oregon
  16. Utah 
  17. Virginia

Even though not every state mandates that employees be paid when serving jury duty, every state has laws against employers discharging or penalizing employers for serving jury duty — or threatening to do so. 

For quick reference, check this table to see if your state mandates employers to pay for employee jury duty absences and if employees are required by law to use personal time off for jury duty. 

State Are employers mandated to pay for jury duty absences? Are employers prohibited from requiring staff to use PTO for jury duty?
Alabama Yes Yes
Alaska No No
Arizona No Yes
Arkansas No Yes
California No No
Colorado Yes No
Connecticut Yes No
Delaware No No
D.C.  Yes for jury service carried out by full-time employees for five days or less, minus the fee received for jury service. Employers with less than 10 staff are not required to pay compensation for employees who serve as jurors. No
Florida Yes in certain countiesIn Broward, employers must provide compensation to full-time employees for up to five days of jury service. In Miami-Dade, employees are entitled to pay when specific conditions are met. No
Georgia Yes No
Hawaii No No
Idaho No No
Illinois No No
Indiana No Yes
Iowa No No
Kansas No No
Kentucky No No
Louisiana Yes, but only up to a single day of service.  Yes
Maine No No
Maryland No No
Massachusetts  Yes, but only for the first three days of jury duty.  Yes
Michigan  No No
Minnesota No No
Mississippi No Yes
Missouri No Yes
Montana No No
Nebraska Yes, but their pay may be reduced by the fees paid by the court. Yes
Nevada No Yes
New Hampshire No No
New Jersey  No No
New Mexico No Yes
New York Yes Yes
North Carolina No No
North Dakota No No
Ohio No Yes
Oklahoma No Yes
Oregon No Yes
Pennsylvania No Yes
Rhode Island No, unless required by contract or collective bargaining agreement. No
South Carolina No No
South Dakota No No
Tennessee Yes  No
Texas No No
Utah No Yes
Vermont No No
Virginia No Yes
Washington No No
West Virginia No No
Wisconsin No No
Wyoming No No

Here’s a more in-depth look at some states that have more specific jury duty laws:

Alabama

Alabama state law requires employers to grant paid leave for jury duty to full-time employees. To be eligible for paid leave, the employee must show their employer the jury summons on the next workday after receiving it. 

If a company has five or fewer full-time employees, only one employee can serve jury duty at a time. The court will automatically postpone or reschedule jury duty if a second employee is summoned during the same time. 

Colorado

Colorado laws require employers to pay employees up to $50 per day for the first three trial days of jury duty unless the employer has a policy in which they are obligated to pay more. This law includes not just full-time salaried employees but also part-time, temporary, and casual employees. 

Connecticut

Connecticut laws stipulate that employers must pay full-time employees regular wages for the first five days of jury service. The only way employers can be excused from paying is by submitting an application to the Chief Court Administrator with proof of sufficient financial hardship. 

District of Columbia 

District of Columbia laws require employers to provide employees with leave to serve jury duty. However, the laws don’t require employers to offer paid leave.

Florida

There is no state law in Florida that requires employers to pay employees for jury duty. However, there are several county ordinances that do. In Broward County, employees must be paid a regular salary for up to five days of jury duty-related leave, provided that the employee gives a copy of the summons to their immediate supervisor at least five days before the first day of scheduled jury duty. 

In Miami-Dade County, employers must pay employees for jury service if: 

  • The employee has a regularly scheduled workweek of at least 35 hours.
  • The employee provides a copy of the summons at least five working days prior. 
  • The employee is serving their jury duty in Miami-Dade County.
  • The employer has 10 or more full-time employees.
  • The employer has offices or does business in Miami-Dade County.

Georgia

Even though Georgia laws do not require employers to offer paid leave for jury service, the Attorney General issued an opinion in 1989 interpreting a statute as requiring employers to pay employees for jury service leave. 

Massachusetts

In Massachusetts, employers must pay employees at the regular rate for the first three days of jury duty. This includes part-time, temporary, and casual employees.

Nevada

In Nevada, employers are not required to pay any wages for time spent serving on a jury. However, they can’t require staff to work within eight hours of the time they’re supposed to serve. 

Also, on the day of jury duty, employees can’t be required to work between 5:00 p.m. and 3:00 a.m.

New York

According to New York State laws, employers with ten or more employees must pay the first $40 of the employee’s regular daily wages for the first three days of jury duty. 

Oregon

In Oregon, it’s common for employers to have internal policies that mandate regular pay for employees on jury duty; however, it is not legally required by the state. Employers are, however, prohibited from requiring staff to take personal leave for jury duty service. 

Tennessee

Tennessee laws mandate that employers who have five or more employees must pay for time spent serving jury duty as long as the employee has been with the company for at least six months. 

Create your own jury duty policies

All employers have the ability to create their own jury duty compensation policies regardless of what state laws mandate.

If you’re looking to develop your own employer policy, here are a few key areas to consider: 

  • Legal obligations: Familiarize yourself with the state laws and regulations pertaining to jury duty. Understand the rights of employees and any legal obligations you have as an employer to accommodate them.
  • Criteria to qualify: Establish a process to verify employee eligibility for jury duty. Typically, employees may be required to provide a copy of their jury duty summons or a letter from the court confirming their selection. 
  • Leave policies: Outline the specific time-off policies for employees serving on jury duty very clearly. For example, if you give them paid days off, determine whether jury duty days count against their PTO total. 
  • Compensation: Decide how you will handle compensation. Determine whether employees will continue to receive their regular salary or another fixed amount per day. 

Once created, focus on clearly communicating your policy to employees. Ensure they understand their rights and responsibilities related to jury duty and how the company will support them during their absence.

Consider expressing support and encouragement to employees who are serving on juries. Acknowledging the importance of their participation in the legal system will help foster a positive work environment that values civic engagement.

Manage jury duty absences easily with Workforce.com

Once you have developed your jury duty policy, it’s important to maintain accurate records of employees’ jury duty absences, leave taken, and any related compensation or benefits provided to help ensure compliance with legal requirements and facilitate fair treatment across the company.

Contact us today to learn how Workforce.com can help you easily comply with your state’s jury duty leave policies.

This information is for general purposes only and should not be considered legal advice. While we strive to keep it updated, labor laws and regulations can change at any time. It’s always a good idea to consult with a legal professional or relevant authorities to comply with the most current standards.

Posted on

Paid Sick Leave Laws: State by State (2025)

Summary

  • There is no federally mandated paid sick leave law. 

  • The Family and Medical Leave Act (FMLA) may allow eligible employees to take up to 12 weeks of unpaid leave for certain health-related situations.

  • More than 20 states have implemented their own paid sick leave laws – see them here 

Paid sick leave refers to time off that workers can use if they are sick, injured, or require medical care. It can also be used when an employee needs to attend to a family member or loved one for medical reasons, including elder care or child care. Paid sick time also covers mental health and preventative care.

Some sick leave policies also cover leave when an employee or their loved one is a victim of sexual assault or domestic violence.

Different countries around the world have varying laws and policies surrounding paid sick leave, including the number of days allocated to an employee every calendar year, whether they can carry over an accrual of unused sick leave, and differences in entitlement between full-time and part-time workers. 

What federal law says about paid sick leave

The United States is the only nation with an advanced economy that does not offer its workers federally mandated paid sick leave. 

Although there are no requirements for regular paid leave at the federal level, there are rules that allow employees to take unpaid leave under certain circumstances. The Family and Medical Leave Act (FMLA) states that eligible employees can take up to 12 weeks of unpaid leave. This is used for “certain medical situations for either the employee or a member of the employee’s immediate family.”

Eligible employees are those who have worked with their current employer for at least a year and have done a minimum of 1,250 hours of work in the last 12 months. 

But that doesn’t mean Americans go without any sick leave benefits. According to the Bureau of Labor Statistics, 79% of US workers in the private sector had access to paid sick leave in March 2022. This figure varies depending on the industry, and, in fact, 54% of people working in the leisure and hospitality sector have paid sick time.  

As an employer or HR executive, you must first be aware if your state requires you to offer paid sick leave and under what conditions. If you’re not bound by law, sick leave is still something worth considering for the sake of your employees’ physical and mental well-being. 

Paid sick leave laws by state

Research shows that an average person works 10.5 days in a year while not feeling well and 47% said that they’d “power through” instead of taking a sick day.

This has led some states to implement their own sick time laws. Companies that fall outside of those states also have the option to implement their own policies. 

There are currently 22 states, including Washington D.C., that have paid sick time laws. Click on your state to get a brief overview of what you need to know:

Alaska

Arizona

California

Colorado

Connecticut

Maine

Maryland

Massachusetts

Michigan

Minnesota

Missouri

Nevada

Nebraska

New Jersey

New Mexico

New York

Oregon

Rhode Island

Vermont

Virginia

Washington

Washington D.C.

Alaska

Starting July 1, 2025, Alaska’s paid sick leave law will take effect.

Employers with 15 or more employees: One hour of paid sick leave for every 30 hours worked. However, employees are only allowed to use 56 or less hours in paid sick leave per year, unless the employer sets a higher limit. Employees with fewer than 15 employees can limit annual sick leave usage to 40 hours.

Arizona

Every employer, regardless of size or industry, must offer paid sick time to employees. Accrual rates are as follows:

  • Employers with 15 or more employees: One hour of earned paid sick time for every 30 hours worked. Employees are not entitled to accrue or use more than 40 hours of earned paid sick time per year unless a higher limit is set.
  • Employers with less than 15 employees: Minimum of one hour of earned paid sick time for every 30 hours worked. Employees are not entitled to accrue or use more than 24 hours of earned paid sick time per year unless a higher limit is set.

 California

Employers are required to provide most employees with at least 40 hours or five days of PSL (Paid Sick Leave) per year. Eligible employees include full-time, part-time, and temporary workers who meet the following criteria:

  • The employee works for the same employer for a minimum of 30 days within a year.
  • 90 days of employment have elapsed before they use any paid sick leave. 

Employers can offer sick leave in one lump sum at the beginning of the year or set up an accrual plan where an employee must earn at least one hour for every 30 hours worked.

Colorado

All employers are required to provide one hour of paid sick leave for every 30 hours worked, capped at 48 hours per year. 

Sick leave may be used for any of the following:

  • Mental or physical illness or injury
  • Bereavement or death of a family member
  • Absences due to domestic abuse or sexual assault
  • Need for a medical diagnosis, treatment, or preventative care
  • The care of a family member for any of the reasons listed above
  • Evacuation or care for a family whose school or place of care was closed due to an unexpected event such as inclement weather and power/heat/water loss.

Connecticut

Effective January 1, 2025, employers with 35 or more employees must provide one hour of paid sick leave for every 30 hours worked. The employees can accumulate a maximum of 40 hours each year. 

Employers choose the 365-day period by which paid sick leaves will be calculated. For instance, it could be based on the calendar year or an employee’s work anniversary. 

Employees can carry over up to 40 hours of unused paid sick leave to the next year.

Maine

Employers with 10 or more employees must provide one hour of paid leave for every 40 hours worked, maxing out at 40 hours in a year. Workers can only use their leave after they have worked a minimum of 120 days. 

Maine’s paid leave law is unique in that it is not limited to sick time – employees can use their accrued leave for any reason, including emergency, illness, sudden necessity, planned vacation, etc.

Maryland

Employees are entitled to one hour of paid sick leave for every 30 hours worked, up to 40 hours every year. They are not allowed to use sick leave within their first 106 days of employment. 

  • 14 or fewer employees: sick leave is unpaid
  • 15 or more employees: sick leave is paid

Massachusetts

Most employees earn up to 40 hours of sick time per year. They must earn at least one hour for every 30 hours worked. 

  • 11 or more employees: sick leave is paid
  • Under 11 employees: sick leave is unpaid

Government employees and students who work for their college or university do not qualify for earned sick time. 

Michigan

According to the Earned Sick Time Act, small business employees shall get one hour of earned sick time for every 30 hours worked and can use up to 40 hours of paid earned sick time in a calendar year unless the employer sets a higher limit. 

In Michigan, an organization is considered a small business if:

  • It has 9 or fewer employees at a time. 
  • Or in the current or previous calendar year, they had 10 or more employees for no more than 19 workweeks. 
  • They have had 10 or more employees for less than 20 workweeks in a year. Once they exceed 20 workweeks with 10+ employees, they lose small business status for the rest of the year and the following year. After that, they can regain it if they meet the criteria again.

All other employers must provide a minimum of one hour paid earned sick time for every 30 hours worked. Employees can use a maximum of 72 hours paid earned sick time annually unless there’s a higher limit imposed by the employer. 

Minnesota

According to the Earned Sick and Safe Time (ESST), employees earn one hour of sick and safe time for every 30 hours work and can accrue a maximum of 48 hours each year unless the employer sets a higher limit. 

Minnesota employees who are anticipated to work at least 80 hours and are not an independent contractor are eligible for this paid leave. 

Missouri

Unless there are legal challenges, Missouri’s paid sick leave law will take effect on May 1, 2025.

Eligible employees will earn one hour of paid sick time for every 30 hours they work.

Employers with 15 or more employees can cap annual paid sick time at 56 hours. For smaller employers, the cap is 40 hours per year.

Some workers are exempt from the law, including those in educational, charitable, religious, or nonprofit roles; employees who act as foster parents (in loco parentis); employees in retail or service businesses with less than $500,000 in annual gross sales; and incarcerated individuals.

Nebraska

Nebraska’s paid sick leave law will take effect on October 1, 2025. 

Employers must offer one hour of paid sick leave for every 30 hours worked. 

Workers for an employer with fewer than 20 employees can earn up to 40 hours of paid sick leave per year. While those working in a workforce with more than 20 employees can earn up to 56 hours of paid sick leave per year. 

Nevada

Employers with 50 or more staff must provide .01923 hours of paid leave for every hour of work performed. All employees, including part-time workers, are eligible. Hours may be frontloaded instead of accrued according to the discretion of the employer. 

New Jersey

Employers of all sizes must provide up to 40 hours of sick leave per year. The accrual rate equals one hour of sick leave earned per 30 hours worked. Full and part-time employees are covered. 

The following employees are not eligible for earned sick leave:

  • People employed in the construction industry under a union contract
  • Per diem healthcare workers
  • Independent contractors
  • Independent contractors who do not meet the definition of an employee under NJ law

Employees can carry over up to 40 hours of unused sick leave into a new year; however, they cannot use more than 40 hours of sick leave during that year. 

New Mexico

The Healthy Workplaces Act requires employers to provide one hour of paid sick leave (PSL) for every 30 hours worked. Both non-exempt and exempt employees are eligible for PSL. 

While employees may accrue PSL without limit, employers can cap its usage to 64 hours per year. Unused PSL must carry over into the following year, but the annual usage cap of 64 hours still applies.

Employers have the option to front-load PSL at the beginning of the year. However, even if front-loaded, employers must continue to track accruals since the Act requires employees to accrue leave as they work. Employers cannot limit or cap accrual but can restrict the amount of PSL an employee uses annually.

New York

New York State’s paid sick leave laws came into effect on April 3, 2020. Private employers with five or more workers and a net income of more than $1 million have to provide paid sick leave. Employers with fewer than five workers and up to $1 million net income have to provide unpaid sick leave. Employees accrue leave at a rate of one hour for every 30 hours worked. 

Federal, state, and local government employees are not covered by this law.

Employees can make use of their paid sick leave through a verbal or written request for any of the following reasons:

  • For mental or physical illness, injury, or health condition, regardless of whether it has been diagnosed or requires medical care at the time of the request for leave.*
  • For the diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or need for medical diagnosis or preventive care.

*This includes using leave for the recovery of any side effects of the COVID-19 vaccination.”

New York State also implements safe leave laws to cover time off when an employee or their family member has been the victim of domestic violence, a family offense, sexual violence, stalking, or human trafficking. 

The time off, in this case, can be used for a number of reasons, such as to seek help from a domestic violence shelter, meet with an attorney or social services, or file a complaint with law enforcement. 

Oregon

One hour of sick time for every 30 hours worked, capped at 40 hours per year. Employees can only start using their sick time after they have worked for at least 90 days. Independent contractors do not accrue sick time. 

  • 10 or more employers: sick time is paid 
  • 6 or more employees in Portland: sick time is paid
  • Fewer than 10 employees: sick time is unpaid

Rhode Island

Most employees have the right to accrue one hour of sick leave per 35 hours worked, capped at 40 hours in a year. Government employees and certain per diem nurses do not qualify for sick leave. 

  • 18 or more employees: sick time is paid
  • 17 or fewer employees: sick time is unpaid

Vermont 

Employees earn one hour of paid sick time for every 52 hours worked. A maximum of 40 hours of sick leave can be used per year. While employees begin earning sick time as soon as they start work, employers may choose to prohibit the use of sick time for up to one year. 

People who do not qualify for sick time include:

  • Government employees
  • Per diem health facility workers
  • People employed for a job scheduled to last 20 weeks or fewer
  • Employees who fall under school district or supervisory district union policies

Virginia

Employees accrue one hour of paid sick leave for every 30 hours worked. Paid leave can be carried over to the following year. Accrual and use of paid leave is capped at 40 hours annually, unless the employer sets a higher limit. 

However, employers may choose to frontload the paid sick leave, providing employees with the full annual amount upfront rather than having it accrue over time.

Washington

Employees earn at least one hour of paid sick leave per 40 hours worked. Unused sick leave balances of 40 hours or less are carried over to the next year. Employees can only begin using sick leave after 90 days of employment. 

Employees excluded from sick leave protections:

  • “White collar” employees in executive, administrative, computer, and outside sales positions
  • Certain agricultural workers
  • State or local government employees
  • Forest protection and fire prevention workers
  • See the full list here

Seattle has its own set of complex sick leave requirements separate to the rest of the state:

  • Employers with up to 49 employees: must offer one hour of paid sick time for every 40 hours worked. Carryover may be limited to 40 hours per year.
  • Employers with 50 to 249 employees: must offer one hour of paid sick time for every 40 hours worked. Carryover may be limited to 56 hours per year.
  • Employers with more than 249 employees: must offer one hour of paid sick time for every 30 hours worked. Carryover may be limited to 72 hours per year.

Washington D.C. 

The District of Columbia has varying sick time accrual rates depending on staff count:

  • 100 or more employees: no less than one hour of paid sick leave for every 37 hours worked, capped at 7 days per year. 
  • At least 25, but no more than 99 employees: no less than one hour of paid sick leave for every 43 hours worked, capped at 5 days per year. 
  • 24 or fewer employees: no less than one hour of paid sick leave for every 87 hours worked, capped at 3 days per year. 

 

Sick leave rules in cities & counties

The following cities and counties have their own sick leave rules independent of local state laws. If you operate a business in any of these areas, do some further research to see what kind of sick leave you owe your staff, if any. 

  • San Francisco
  • Oakland
  • Emeryville
  • Santa Monica
  • Los Angeles
  • Seattle
  • Portland
  • San Diego
  • Berkeley
  • Seattle
  • Tacoma
  • New York City
  • Westchester County
  • Philadelphia
  • Pittsburgh
  • Allegheny County
  • Montgomery County
  • Minneapolis
  • Chicago
  • Cook County 

Building your own paid sick leave policy

When creating your own sick leave policy, you want to offer your employees the flexibility they need to take time off when they need it. At the same time, you need to set up clear rules and procedures for doing so to avoid abuse, error, and unnecessary administrative work for your staff. 

Your policy should outline the rules and procedures behind requesting time off as well as a strategy for keeping track of employee accrual and how many sick days they have used. 

  • Set the rules for who is eligible for paid sick leave, the structure of your paid sick leave (accrual, lump sum, or unlimited), and any local laws that automatically apply to your policy. 
  • Design a procedure for requesting and taking time off. This should include the number of days’ notice required for planned sick leave, who they need to request sick leave from, what information they need to provide, and through which platform. 
  • Develop a strategy for recordkeeping that allows you to monitor how much leave has been taken, store any relevant documents, and avoid abuse. 
  • Automatically track accruals with software so that you aren’t burdening your HR team with tedious administrative tasks. Look into ways to have it so that sick leave is accrued, requested, recorded, and paid in the background with minimal need for calculation and data entry. 

Manage sick leave requests and stay compliant with Workforce.com

Once you have developed your paid sick leave policy, you need an employee scheduling, paid time off tracker, and payroll solution that streamlines the procedure of managing sick leave, keeps error-free records, calculates accurate pay and does all of this in line with state and local laws. 

Managing sick leave should be as simple as “set it and forget it.” Get in touch with us today to find out how Workforce.com can help you easily and automatically comply with your state’s sick leave standards. 

This information is for general purposes only and should not be considered legal advice. While we strive to keep it updated, laws and regulations can change at any time. It’s always a good idea to consult with a legal professional or relevant authorities to compliance with the most current standards.

Posted on

Child Labor Laws by State + Federal (2025)

Summary

  • Minor labor laws are in place to provide safeguards that prioritize the health, well-being, and education of young employees.  

  • Child labor laws in the US are designated by the Fair Labor Standards Act of 1938 (FLSA).

  • Many states default to the federal minor labor standards, but several have designated their own.

Minor labor laws are in place to provide safeguards for people under 18 who are employed and, generally, still attending school. These laws help employers like you prioritize young employees’ health, well-being, and education. 

These safeguards restrict the number of hours a minor can work during a day or week. They also prohibit the kind of work minors are allowed to do.

Every state varies in its minor labor rules, so it’s important to understand and stay compliant with employment legislation in your area. Employers who violate minor labor laws are subject to hefty fines – punishment can even escalate to imprisonment if the government decides you’ve violated the laws willfully or repeatedly. 

Federal minor labor laws

Child labor laws in the US are designated by the Fair Labor Standards Act of 1938 (FLSA). If a state doesn’t have its own child labor laws, it must default to the federal minor labor laws. Many states use a combination of federal law and their own state modifications.

The FLSA states that minors under 16 may not work more than eight hours per day and 40 hours per week when school is not in session, and they may not work more than 3 hours per day and 18 hours per week when school is in session. 

It also has laws around the nightly hours that minors under 16 can work. During the school year, federal law states that minors under 16 cannot work after 7 pm or before 7 am. From June 1st through Labor Day, it states that minors under 16 can work until 9 pm. 

Minor labor laws by state

States can default to the federal minor labor laws or write their own in accordance with federal laws. For instance, some states allow minors under 16 to work just three hours per day on a school day in accordance with federal law, whereas other states give employers and minors more flexibility with the hours they’re allowed to work when school is in session.

Some states also allow minors to work outside these laws with expressly written consent from a parent or legal guardian and/or the school the minor attends.  

All the specificities of each state’s minor labor laws can be found in the table below. (NOTE: if a box is blank, then there are no hourly or time restrictions for that age group in that state.)

 

Federal/FLSA

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

District of Columbia

Guam

Puerto Rico

Federal/FLSA

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 40 hours per week when school is not in session. 3 hours per day and 18 hours per week when school is in session.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: None

Alabama

  • Work Permit: Mandatory if under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 40 hours per week, 6 days per week when school is in session. 3 hours per day, 18 hours per week when school is not in session.

    Must have a 30-minute documented meal break for more than 5 hours.

  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm during student summer vacation) to 7 am 
  • 16 and 17: 10 pm before a school day to 5 am (up to age 19, if enrolled in school)

Alaska

Work Permit: Mandatory if under 17 or for 16 and 17-year-olds if the employer is licensed to sell alcohol.

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 40 hours per week during school vacations between 5AM and 9PM. When school is not in session, they can work for a total of 23 hours a week with work done between 5AM and 9PM.
  • 16 and 17: Max 6 days per week. 

Minors must have a 30-minute break when scheduled to work six consecutive hours or work five consecutive hours before continuing to work. 

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: Between 5AM and 9PM
  • 16 and 17: None

Arizona

Work Permit: Not required

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 40 hours per week when school is not in session. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 9:30 pm (or 11 pm before a non-school day) to 6 am. For students working door-to-door sales or deliveries, prohibited hours are after 7 pm.
  • 16 and 17: None

Arkansas

Work Permit: Not required except for entertainment industry

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 48 hours per week, 6 days per week.
  • 16 and 17: 10 hours per day, 54 hours per week, 6 days per week.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (or 9 pm before a non-school day) to 6 am.
  • 16 and 17: 11 pm (midnight before a non-school day) to 6 am before a school day (this is for 16-year-olds only – there are no requirements for 17-year-olds).

California

Work Permit: Required for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 40 hours per week when school is not in session. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: 8 hours per day, 48 hours per week when school is not in session. When school is in session, 4 hours per day (8 on a non-school day or any day preceding a non-school day), 48 hours per week.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am.
  • 16 and 17: 10 pm (or 12:30 am before a non-school day) to 5 am.

Colorado

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 40 hours per week when school is not in session. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None 

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am.
  • 16 and 17: None

Connecticut

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. (Minors 14 & 15 are generally not permitted to work when school is in session)
  • 16 and 17: Generally, when school is not in session, 8 hours per day, 48 hours per week, 6 days per week. When school is in session, 6 hours per school day (8 hours on Friday, Saturday, and Sunday), 32 hours per week. But these hours may vary per industry. You can check the more detailed guidelines here.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm July 1st – Labor Day) to 7 am.
  • 16 and 17: 10 pm or 11 pm (midnight if no school the next day) (depending on the establishment the minor is working in) to 6 am

 

Delaware

Work Permit: Mandatory for those under 18.

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 4 hours per day, 18 hours per week. 
  • 16 and 17: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 12 hours per day, combined school and work.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: No specific nightwork limitations, but minors are required to have 8 consecutive hours of non-work, non-school time in each 24-hour day.

 

Florida

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on Saturday and Sunday), 15 hours per week.
  • 16 and 17: Under Florida’s HB49 which went into effect in July 2024, certain restrictions has been relaxed for 16 and 17-year-old minors. They can exceed the 30-hour weekly limit provided there’s appropriate consent. If they’re scheduled to work 8 or more hours, they must have a meal break of at least 30 minutes after no more than 4 hours of continuous work. 

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm to 7 am before or on a school day. 9 pm to 7 am during holidays and summer vacation.
  • 16 and 17:  11 pm to 6:30 am when school is scheduled the following day. 

 

Georgia

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Hawaii

Work Permit: Mandatory for those under 18

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day, 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm to 7 am (9 pm to 6 am during school breaks).
  • 16 and 17: None

 

Idaho

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 9 hours per day, 54 hours per week
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 9 pm to 6 am
  • 16 and 17: None

 

Illinois

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 48 hours per week, 6 days per week. When school is in session, 3 hours per day, 24 hours per week. The combined hours of school and work may not exceed 8 hours per day.
  • 16 and 17: None

Must provide a scheduled meal period of at least 30 minutes no later than the 5th consecutive hour of work

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: None

 

Indiana

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week. 
  • 16 and 17: Can work up to 8 hours on school days, 9 hours on non-school days, and 30 hours per school week. Written parental consent required for some hours.

Workers under age 18 must get a 30-minute break if they work for 6 or more consecutive hours.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: Can work until 12:00 a.m.(16 year olds) or 1am (17 year olds) on non-school nights. Specific conditions apply and parental consent is required for some hours.

 

Iowa

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 6 hours per day, 28 hours per week.
  • 16 and 17: May work the same hours as those who are 18 years old.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 9 pm (11 pm from June 1st – Labor Day) to 7 am.
  • 16 and 17: None

 

Kansas

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 10 pm to 7 am
  • 16 and 17: None

 

Kentucky

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: Three 3 hours per day on school day, 8 hours per day on non-school day, and 18 hours per week. When school is not in session, they may work 8 hours per day and 40 hours per week.
  • 16 and 17: When school is in session, 6 hours per school day (8 on a non-school day), 30 hours per week.To work more than thirty (30) hours, they must complete the Certificate of Satisfactory Academic Standing Form and the Parent/Guardian Statement of Consent Form. When school is not in session, no restrictions.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: May not work before 7 AM or after 7 PM (9 PM June 1 through Labor Day).
  • 16 and 17: May not work before 6 AM or past 10:30 PM (11 PM with parental permission) preceding school day or 1 AM preceding non-school day. 

 

Louisiana

Work Permit: Mandatory for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week. Minors under 16 must get a 30-minute break for 5 hours of work. 
  • 16 and 17: None but they must get an eight-hour rest break before the next day of work

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: 16-year-old enrolled minor: 11 pm to 5 am before a school day. 17-year-old enrolled minor: 12 am to 5 am before a school day.

 

Maine

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week, no more than 6 days in a row. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week, no more than 6 days in a row. 
  • 16 and 17: When school is not in session, 10 hours per day, 50 hours per week and there are less than 3 scheduled school days or during the first of the week, no more than 6 days in a row. When school is in session, 6 hours per day (8 hours on the last scheduled day of the school week), 24 hours per week with 3 or more school days in a week, no more than 6 days in a row.  
     

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm during school summer vacation) to 7 am
  • 16 and 17: 10:15 pm (12 am before a non-school day) to 7 am (5 am before a non-school day).

Maryland

Work Permit: Mandatory for those under the age of 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 4 hours per day (8 hours on a non-school day), 18 hours per week. Must have a 30-minute break when working for more than 5 consecutive hours.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: No specific nightwork limitations, but minors are required to have 8 consecutive hours of non-work, non-school time in each 24-hour day.

Massachusetts

Work Permit: Required for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day on a school day (8 hours on Saturdays, Sundays, and holidays), 18 hours per week, 6 days per week.
  • 16 and 17: 9 hours per day, 48 hours per week, 6 days per week. 

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: 10 pm (11:30 pm before a non-school day) to 6 am *Exception for restaurants and racetracks: 12:00 am to 6 am (only on a non-school night).

Michigan

Work Permit: Generally required for those under 18. Not required for minors 16+ who have completed the requirements for high school (or an equivalent) and provide proof to the employer. A work permit is also not required for 17-year-olds who have passed the GED.

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: No more than 48 hours total school and work combined per week, 6 days per week.
  • 16 and 17: When school is not in session, a maximum of 48 hours per week. When school is in session, a maximum of 24 hours per week. 

Workers under 18 must have a documented uninterrupted 30-minute break if they work more than 5 hours.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 9 pm to 7 am
  • 16 and 17: 10:30 pm (11:30 pm on Fridays, Saturdays, and school vacations) to 6 am.

Minnesota

Work Permit: Mandatory for those under 16 during the school year

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm outside of the school year) to 7 am
  • 16 and 17: 11 pm to 5 am before a school day, or 11:30 pm to 4:30 am with written permission from a parent or legal guardian.

Mississippi

Work Permit: Required for those under 16 in mills, canneries, workshops, and factories.

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 44 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm to 6 am
  • 16 and 17: None

Missouri

Certification requirements:

  • Age Verification: Not required
  • Work Permit: Required for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 6 days per week. When school is in session, 3 hours per day. 
  • 16 and 17: None

Break time is up to the discretion of the employer except for youth workers in the entertainment industry, where youth workers must take a meal break after working no more than five and a half hours. They are also entitled to a 15-minute rest period, counted as work time, after every two hours of continuous work.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day; 10:30 pm if the minor works at a regional fair) to 7 am.
  • 16 and 17: None

Montana

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm outside of the calendar school year) to 7 am
  • 16 and 17: None

 

Nebraska

Work Permit: Required for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 48 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Nevada

Work Permit: Mandatory for minors under the age of 14

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 48 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: None
  • 16 and 17: None

 

New Hampshire

Work Permit: Mandatory for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: When school is in session, no more than 6 consecutive days nor more than 30 hours per week. When school is not in session, no more than 6 consecutive days nor more than 48 hours per week. Specific restrictions apply for minors employed in manufacturing and they may not work more than 10 hours per day in manufacturing, more than 101/4 hours per day in manual or mechanical labor, nor more than 8 hours per night, if working at night.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

New Jersey

Work Permit: Mandatory for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: During summer vacation, 10 hours per day, 50 hours per week. Outside of summer vacation, 8 hours per day, 40 hours per week, 6 days per week.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm to 7 am with limited exceptions
  • 16 and 17: 1 pm to 6 am while school is in session or after midnight on days not followed by a school day. When school is not in session 11 pm to 6 am or 3 am in restaurants and seasonal amusements.

New Mexico

Work permit: Mandatory for workers under 16

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm for non-school day) to 7 am
  • 16 and 17: None

 

New York

Work Permit: Mandatory for those under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week, 6 days per week. 
  • 16 and 17: When school is not in session, 8 hours per day, 48 hours per week, 6 days per week. When school is in session, 4 hours per day on days preceding a school day, 8 hours on Fridays, Saturdays, Sundays, and holidays, 28 hours per week, 6 days per week.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 21st – Labor Day) to 7 am
  • 16 and 17: 10 pm to 6 am, while school is in session Midnight to 6 am, while school is not in session *Exception: With written permission from a parent and the school, 16 and 17-year-olds may work until midnight before a school day. 

North Carolina

Work Permit: Required for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week. Youth workers must take a 30-minute break after five consecutive hours of work.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: 11PM to 5AM when preceding a school day for youth who are in grades 12 and below

 

North Dakota

Work Permit: Mandatory for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Ohio

Work Permit: Mandatory for minors under 16 at any time as well as for 16 and 17 year olds during the school year.

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 p.m. (9 p.m. June 1 to Sept. 1 and during school holidays of 5 school days or more) to 7 a.m., 7 p.m. to 7 a.m. in door-to-door sales.
  • 16 and 17: 11 p.m. before school day to 7 a.m. on school day (6 a.m. if not employed after 8 p.m. previous night) if required to attend school. 8 p.m. to 7 a.m. in door-to-door sales.

 

Oklahoma

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.

    Must have one hour rest period for 8 consecutive hours worked or 30-minute rest periods for five consecutive hours worked. Breaks must be documented.

  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Oregon

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: 44 hours per week, no daily hour restrictions.

Employers must provide 30-minute meal breaks for six or more hours of work in a day. Fifteen-minute rest breaks are also required for each four hours of work.

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Pennsylvania

Work Permit: Mandatory for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 4 hours per day (8 on a non-school day), 18 hours per school week + 8 additional hours on Saturdays and Sundays.
  • 16 and 17: When school is not in session, 10 hours per day, 48 hours per week. When school is in session, 8 hours per day, 28 hours per school week + 8 additional hours on Saturdays and Sundays, 6 days per week.

A 30-minute meal period required on or before five consecutive hours of work.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm during school vacations) to 7 am
  • 16 and 17: 12 am (1 am before a non-school day) to 6 am

 

Rhode Island

Work Permit: Mandatory for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: 9 hours per day, 48 hours per week during the school year (no restrictions outside the school year).

Must have an 8-hour break between the end of a shift and the start of the next work day.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm during school vacations) to 6 am
  • 16 and 17: 11:30 pm (1:30 am before a non-school day) to 6 am

 

South Carolina

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm during summer vacations) to 7 am
  • 16 and 17: None

South Dakota

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 4 hours per day, 20 hours per week. 
  • 16 and 17: None
  • Minors younger than 14 years old may not be employed during school hours and later than 7PM

Night work is not allowed for minors of these ages during these hours:

  • Under 16: After 10 pm on a school night. 
  • 16 and 17: None

 

Tennessee 

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Minor workers must have a 30-minute unpaid break if working six consecutive hours. Breaks should not be scheduled before the first hour of the work day.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: When school is not in session, 9 pm to 6 am. When school is in session, 7 pm to 7 am.
  • 16 and 17: 10 pm to 6 am Sunday through Thursday (midnight is allowed up to 3 nights per week by 16 and 17-year-olds with permission from their parents).

 

Texas

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: 8 hours per day, 48 hours per week. 
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 10 pm (midnight before non-school day) to 5 am
  • 16 and 17: None

 

Utah

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is in session, 3 hours a week, 18 hours a day. When school is not in session, 8 hours in a day and 40 hours in a week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm on June 1 to Labor Day) to 7 am 
  • 16 and 17: None

 

Vermont

Work Permit: Mandatory for minors under 16 during the school year

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week, 6 days per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

 

Virginia

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Washington

Work Permit: Mandatory for those under 18

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 3 hours per day (8 hours on Saturdays and Sundays), 16 hours per week, 6 days per week. Must have a paid 10-minute break for every two hours worked and 30-minute unpaid meal break starting no later than 4 hours into the shift.
  • 16 and 17: When school is not in session, 8 hours per day, 48 hours per week, 6 days per week. When school is in session, 4 hours per day (8 hours on Fridays, Saturdays, and Sundays), 20 hours per week, 6 days per week. Must have a paid 10-minute rest break every 4 hours of work and 30-minute unpaid meal break starting no later than 5 hours into the shift.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: 10 pm to 7 am, Sunday through Thursday. Midnight to 5 am Friday, Saturday, and when school is not in session.

 

 

West Virginia

Work Permit: Required for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

Wisconsin

Work Permit: Generally required for minors under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: No restrictions, but minors working after 11:00 pm must have 8 hours of rest prior to the start of the next shift. 

 

Wyoming

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day, 18 hours per week.
  • 16 and 17: None

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am
  • 16 and 17: None

 

District of Columbia

Work Permit: Mandatory for those under 18

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: 8 hours per day, 48 hours per week, 6 days per week. 
  • 16 and 17: 8 hours per day, 48 hours per week, 6 days per week. 

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: 10 pm to 6 am

 

Guam

Work Permit: Mandatory for those under 16

Max number of daily hours, weekly hours, and days per week for:

  • 14 and 15: When school is not in session, 8 hours per day, 40 hours per week. When school is in session, 3 hours per day (8 hours on a non-school day), 18 hours per week.
  • 16 and 17: 8 hours per day, 40 hours per week. 

Employers must provide a 30-minute meal period for every 4 hours worked.

Night work is not allowed for minors of these ages during these hours:

  • 14 and 15: 7 pm (9 pm from June 1st – Labor Day) to 7 am 
  • 16 and 17: 10 pm (midnight on non-school nights) to 6 am

 

Puerto Rico

Work Permit: Mandatory for minors under 18

Max number of daily hours, weekly hours, and days per week for:

  • Under 16: When school is not in session, 8 hours per day, 40 hours per week, 6 days per week. When school is in session, 8 hours per day of school and work combined. 
  • 16 and 17: 8 hours per day, 40 hours per week, 6 days per week. 

Night work is not allowed for minors of these ages during these hours:

  • Under 16: 6 pm to 8 am
  • 16 and 17: 10 pm to 6 am

States have diverse regulations governing child labor, including restrictions on work hours, permitted job types, work permit requirements, and proof of age or age verification. While many of these rules are clearly defined, others can be nuanced or ambiguous. To ensure compliance, it’s crucial to verify a minor’s age before hiring and to follow both federal and state laws applicable to youth employment. When in doubt, consult the appropriate state office for clarification.

Below are some notable state-specific rules and differences that employers should keep in mind.

Minor labor laws in New York

New York follows the federal laws for minors under the age of 16. For minors ages 16 and 17, New York is slightly stricter than other states, prohibiting them from working more than 28 hours per week while school is in session. Many other states allow 16 and 17 year-olds to work 40 or more hours per week, even when school is in session. 

New York gives working hour exceptions to 16 and 17 year-olds who have written permission from both their parent or legal guardian and a certificate of satisfactory standing from the school they attend. Without this permission, they are prohibited from working after 10:00 pm on a school day. 

When school is not in session — during the summer, for example — they may work until 12 am without the need for written permission. 

Minor labor laws in Alabama

In Alabama, any minor under the age of 18 must have a Child Labor Certificate for each employer they work for. Minors can get a certificate from the school they attend. There are two classes of Child Labor Certificates: Class I is required for 14 and 15-year-olds, and Class II is required for 16 and 17-year-olds. 

Alabama also has restrictions for employers that sell liquor. Minors 14 and 15 years of age are not permitted to work at any establishment that serves alcohol on its premises. 

Minor labor laws in Colorado

In Colorado, minor labor laws apply to all people under 18 unless they have received a high school diploma or GED. While work permits are not required in Colorado, employers can request an age certification as proof of age. These certifications are issued by the school district that the minor attends. Colorado also allows 14 and 15-year-olds to obtain a school release permit if a student wishes to work on a school day during school hours. 

Colorado’s labor laws also include various trades that are permissible at certain ages. For example, a 9-year-old can do shoe-shining, yard work, golf caddying, and other similar jobs.  Once a minor turns 14, they can work in almost any non-hazardous occupation. 

Workforce.com helps you stay in compliance with minor labor laws

Workforce.com’s scheduling, time & attendance, and payroll software lets you easily keep track of hours worked so you don’t overschedule people under 18 and pay them accurately. Our software allows you to automatically account for the break laws and hourly limits for minors in all 50 states so you can schedule your employees with confidence that you’re staying in compliance. Workforce.com handles all paid and unpaid breaks and overtime rules, so you don’t have to remember what they are off the top of your head. 

Workforce.com gives you both convenience and confidence when it comes to scheduling your employees under 18. Give Workforce.com a try today. 


This information is for general purposes only and should not be considered legal advice. While we strive to keep it updated, laws and regulations can change at any time. It’s always a good idea to consult with a legal professional or relevant authorities to compliance with the most current standards.