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

While numerous states including Arkansas, Ohio, and New Jersey, to name a few, have recently introduced legislation to ease the restrictions on child labor, this Illinois law enhances restrictions on the employment of minors. Indeed, the Act imposes certain new civil and criminal penalties on violating employers, and is the second new child labor law signed by Governor Pritzker. S.B. 1782, which went into effect July 2024, incorporated new restrictions for minors featured in “vlogs,” defined as content shared on an online platform in exchange for commission.²

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

What should an employer do to hire a minor?  

The Act requires Illinois employers to obtain an employment certificate authorizing a minor’s work. To obtain a certificate, an employer must first provide the minor with a notice of intention to employ, which then must be submitted by the minor to their school’s issuing officer, along with an application for the employment certificate, which must be filled out by the minor and their parent or guardian.³

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

What are the permitted working hours for minors?

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

Specifically, the following are prohibited:

• working more than 18 hours a week when school is in session.
• working more than 40 hours a week when school is not in session.
• working more than 8 hours in any single 24-hour period.
• working more than 3 hours per day or more than 8 hours total of work and school hours on days when school is in session.
• from Labor Day until June 1, working between 7 p.m. and 7 a.m.
• from June 1 until Labor Day, working between 9 p.m. and 7 a.m.

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

What are the permitted occupations for minors?

In addition to the prohibited occupations found in the Federal Labor Standards Act (FLSA),⁴ the Act outlines over 30 additional types of work that minors are prohibited from performing, including factory work, construction work, meat packing, poultry and seafood processing, various jobs involving the use of power-driven machinery, and in any work where a minor is expected to serve alcohol or otherwise handle open containers of alcohol.⁵

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

• certain agricultural pursuits;
• the sale and distribution of magazines and newspapers;
• household chores and babysitting;
• caddying at golf courses;
• participation in work-based learning programs; and
• serving as an officiant or assistant instructor of youth sports activities, so long as a certification is obtained, and certain hour restrictions are followed.

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

What other special employment requirements apply to employing a minor?

Employers are also responsible for ensuring the following:

• Supervision: All minors must be supervised in person by an adult 21 years of age or older at all times when the minor is working;
• Meal Breaks: A 30-minute meal break must be provided for minors who work more than 5 hours continuously.
• Posting Requirements: A notice summarizing the requirements of the Act must be posted in a conspicuous place where minors work. For minors who do not regularly report to a physical workspace, the notice should also be sent via email or posted on the employer’s website or intranet page.
• Record Retention Requirements: Employers must retain employment certifications for the period of employment of each minor and for three years thereafter.
• Reporting of Work-Related Injury: Employers must report work-related fatalities and injuries to the IL Department of Labor and the school official who issued the minor’s employment certificate, in addition to other reporting requirements.

Special Rules for Child Models and Performers

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

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

Prohibition Against Retaliation

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

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

Illinois Department of Labor Investigation and Enforcement Powers

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

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

Civil and Criminal Penalties

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

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

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

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

What should Illinois employers do as next steps?

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

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