Under the Hawaii Child Labor Law, a child labor certificate or “work permit” is required for working minors until they reach 18 years of age. There is no charge for the certificate, and we will generally issue a certificate as long as: (1) the minor is not legally required to be in school, and (2) the minor’s employment is not hazardous. There are two types of certificates, depending upon the age of the minor. The procedures to obtain these certificates are explained below.
When a 14- or 15-year-old minor is hired, the employer is required to obtain a Certificate of Employment before the minor starts working. For the certificate to be issued, either the employer or the minor or other representative may assist in the following:
Minors 14 and 15 years of age may work:
*Acceptable Proof of Age:
•Birth Certificate
•Hawaii driver’s license or driver’s permit
•State of Hawaii ID
•Military ID
•Immigration record (alien card, passport, visa)
•Hospital record
•School record (NOT school ID)
•Court record
•Baptismal certificate
NOTE: A social security card is NOT an acceptable proof of age document.
The Certificate of Age (eCL-3) is valid only when accompanied by an approved proof of age document, which are both presented to the employer at the time of hire. No promise of a job is needed to obtain this certificate. The minor will be issued a Certificate of Age to use until age 18.
There are no restrictions on hours except when the minor is required to be in school. When the minor is hired, the employer is required to: (1) verify the minor’s name and birth date on the Certificate of Age with the proof of age document; (2) record the Certificate of Age number; and (3) return the Certificate of Age and proof of age document to the minor.
Employers are generally subject to both: 1) Chapter 390, Hawaii Revised Statutes, Child Labor Law and Title 12, Chapter 25, Hawaii Administrative Rules; and 2) federal child labor provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. 212(c), and the FLSA regulations at 29 CFR Part 570. Certain provisions of the Hawaii Child Labor Law may be less restrictive than federal law, and employers covered by the FLSA that only follow a less restrictive provision of the Hawaii Child Labor Law will be in violation of federal law. See 29 U.S.C. 218(a). For more information on the federal child labor law, please visit the U.S. Department of Labor’s Wage and Hour Division website at www.dol.gov/whd.
A minor under 14 years of age may be employed or permitted to work in theatrical employment (model, dancer, singer, musician, entertainer, motion picture, television, radio or theatrical performer) under circumstances and conditions prescribed by the Director of the Department of Labor and Industrial Relations. [§12-25-22, 12-25-23, and 12-25-24, Hawaii Administrative Rules].
For a summary of the Theatrical Employment requirements under the Hawaii Child Labor Law, see eHCLL-3.
Individuals may contact the Wage Standards Division on Oahu or the nearest DLIR district office, either by phone, mail, or in person at the phone numbers and locations listed under “Contact” for information.