Can a 16-Year-Old Work Alone in a Shop? Federal and State Rules

A 16-year-old can legally work alone in a shop under federal law, as long as the work itself is not on the federal list of hazardous jobs. The Fair Labor Standards Act sets 16 as the general working age and does not cap hours, restrict shift times, or require an adult on the premises for 16- and 17-year-olds. Whether it is actually legal in your situation depends on state law, which is where the real restrictions on solo teen shifts live.

What Federal Law Says About 16-Year-Olds Working Solo

The FLSA lets 16- and 17-year-olds work unlimited hours in any non-hazardous, non-agricultural job. There is no federal daily or weekly hour cap for this age group, no restriction on early-morning or late-night shifts, and no rule requiring an adult to be present during the shift. Working alone is not a concept the federal rules address for teens 16 and older.¹

The word doing the work in that rule is “non-hazardous.” A teen ringing up customers, stocking shelves, or folding clothes is fine under federal law. Several tasks common in ordinary shops, though, are off-limits to anyone under 18, and a few of them become impossible to do lawfully when there is no adult on site.

Tasks a 16-Year-Old Cannot Do, Even in a Regular Shop

Cardboard Balers and Trash Compactors

Hazardous Occupations Order No. 12 prohibits anyone under 18 from operating or unloading a power-driven scrap paper baler or cardboard compactor. There is a narrow exception that lets 16- and 17-year-olds load paper into one, but only if the machine meets federal safety standards, cannot run while being loaded, has a key-lock or passcode-controlled switch, and the key or passcode stays in the custody of an adult employee on site.² With no adult in the building, the exception collapses. A solo teen cannot legally use the baler or compactor at all.

Driving for the Job

Hazardous Occupations Order No. 2 bars anyone under 17 from driving on public roads as part of their job, and it bars anyone under 18 from riding along as a helper on a delivery vehicle.³ If the shop occasionally asks staff to run a delivery or drop something off between locations, a 16-year-old cannot do it.

Other Equipment

The 17 hazardous occupations orders also cover power-driven bakery machines, meat slicers, woodworking equipment, and certain saws.⁴ A small deli counter, an in-store bakery, or a hardware shop with a lumber-cutting station can quietly trigger these. The bans apply whether the teen is alone or supervised.

Where State Law Tightens the Rules

When federal and state child labor laws both apply, the stricter one controls.¹ Because federal law is essentially silent on solo shifts, state law is what usually decides the question.

Night-Work Cutoffs

Most states limit how late a 16- or 17-year-old can work on nights before a school day. The cutoffs generally fall between 10 p.m. and midnight, with later hours often permitted on weekends or during summer. California, for example, stops work at 10 p.m. on school nights and allows work until 12:30 a.m. before a non-school day.⁵ These rules don’t ban working alone, but they cut off the evening and overnight shifts when a teen would most likely be the only person in the shop.

States That Require an Adult on Site

A handful of states go further and require adult supervision outright. Washington requires an adult to supervise minors working after 8 p.m. in service occupations, including restaurants and retail.⁵ Other states impose similar requirements through rules keyed to specific hours or specific types of establishments. Because these vary so much, check with your state labor department before scheduling a 16-year-old to work solo.

The Break Problem When the Teen Is the Only Employee

Federal law does not require meal or rest breaks for any worker, including minors.⁶ Many states do. A common rule requires an unpaid 30-minute break after five consecutive hours. If the teen is the only person on shift, someone has to cover the shop during that break, or the shift has to be structured so the break isn’t required. This is the kind of scheduling problem that quietly turns into a violation.

Work Permits

Many states require minors to get a work permit or employment certificate before starting a job. The federal government does not issue these; the program is entirely state-run.⁷ The paperwork usually involves the teen, a parent, and the employer, and the employer typically has to verify the teen’s age and confirm the job duties are not hazardous. Skipping this step is its own violation in states that require it.

Safety Concerns Beyond the Legal Question

Even where a solo shift is legal, the safety picture matters. OSHA has published recommendations for late-night retail: keep window signs low so the interior is visible from outside, maintain strong lighting, use a drop safe to limit accessible cash, post signs telling customers that limited cash is on hand, and install an alarm system with a reliable response plan.⁸ These are recommendations rather than binding standards for retail, but they reflect the agency’s view of what makes a late shift safer. For a solo teen, at a minimum the worker should know the emergency procedures, have a working phone, and be able to reach a manager fast.

Penalties If the Employer Gets It Wrong

Federal child labor penalties are substantial. The Department of Labor can assess up to $16,035 for each minor who is the subject of a violation. If a violation causes serious injury or death to a worker under 18, the maximum jumps to $72,876, and doubles to $145,752 for willful or repeated violations.⁹ State penalties stack on top of federal ones, so an employer who violates both a state supervision rule and a federal hazardous occupation order can face enforcement from two agencies at once.

Reporting a Suspected Violation

You can contact the Department of Labor’s Wage and Hour Division at 1-866-487-9243, Monday through Friday during business hours, or file a complaint online.¹⁰ You do not have to be the minor or the minor’s parent. Reports can be made anonymously, and retaliation against someone who reports a violation is itself illegal under federal law.

1
U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations
2
U.S. Department of Labor. Fact Sheet 57 – Hazardous Occupations Order No. 12 Rules for Employing Youth
3
U.S. Department of Labor. Fact Sheet 34 – Hazardous Occupations Order No. 2 – Youth Employment Provision and Driving Automobiles and Trucks
4
U.S. Department of Labor. FLSA – Child Labor Rules – Hazardous Occupations
5
U.S. Department of Labor. Selected State Child Labor Standards Affecting Minors Under 18 in Non-farm Employment
6
U.S. Department of Labor. Breaks and Meal Periods
7
U.S. Department of Labor. Employment/Age Certificate
8
Occupational Safety and Health Administration. Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments
9
U.S. Department of Labor. Civil Money Penalty Inflation Adjustments
10
U.S. Department of Labor. Contact Us – Wage and Hour Division