Under federal law, you have to be at least 14 years old to wait tables in a restaurant, and workers that young face strict caps on hours and equipment. Most of those limits fall away at 16. Serving alcohol is a separate question governed by state law, and in most states you need to be 18 before you can carry a drink to a table.
Waiting Tables at 14 and 15
The Fair Labor Standards Act sets 14 as the federal floor for non-agricultural work, which includes restaurant jobs.1Office of the Law Revision Counsel. 29 USC 212 – Child Labor Provisions Once you turn 14, you can take orders, run food, bus tables, host, and work the register. You can also do basic prep work — washing produce, wrapping and labeling items, stocking — and general cleanup.
Cooking is limited at this age. You can use electric or gas grills that don’t involve an open flame, and deep fryers with automatic basket-lowering devices. Fryolators, rotisseries, broilers, and other high-temperature cooking devices are not permitted. You can run dishwashers, toasters, blenders, coffee grinders, steam tables, and microwave ovens for warming (not exceeding 140 °F).2eCFR. 29 CFR 570.34 – Permitted Occupations for Minors 14 and 15 Years of Age You cannot move containers of hot oil or grease above 100 °F, and most power-driven kitchen machines are off-limits.
Hour Limits at 14 and 15
Federal regulations cap when and how long a 14- or 15-year-old can work, so the job stays second to school:
- Up to 3 hours on a school day.
- Up to 18 hours in a school week.
- Up to 8 hours on a non-school day.
- Up to 40 hours in a non-school week.
- Shifts have to fall between 7 a.m. and 7 p.m. during the school year. From June 1 through Labor Day, the evening cutoff moves to 9 p.m.3eCFR. 29 CFR 570.35 – Hours of Work and Conditions of Employment Permitted for Minors 14 and 15 Years of Age
Those are federal minimums. Many states set tighter rules — shorter shifts, earlier weeknight cutoffs, lower weekly caps — and where a state rule is stricter, it controls.4U.S. Department of Labor. Wages and the Fair Labor Standards Act Check your state labor department before you agree to a schedule. Federal law also doesn’t require breaks for any employee, though many states do require meal or rest periods for workers under 18.5U.S. Department of Labor. Breaks and Meal Periods
What Changes at 16
At 16, federal hour and time-of-day limits disappear. You can work any restaurant occupation that the Department of Labor hasn’t declared hazardous, on any schedule your employer sets.6U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations
One equipment restriction still applies until 18: no one under that age can operate power-driven meat-processing machines — meat slicers, saws, grinders, choppers, and patty-forming equipment — or operate or clean commercial mixers and certain power-driven bakery equipment.7U.S. Department of Labor. Fact Sheet 2A – Child Labor Rules for Employing Youth in Restaurants Under the FLSA For a front-of-house server this rarely comes up, but if a manager asks you to slice meat behind the counter, you’re allowed to say no.
Serving Alcohol
The age to buy or drink alcohol is 21 in every state, tied to a federal law that ties highway funding to that standard.8Office of the Law Revision Counsel. 23 USC 158 – National Minimum Drinking Age The age to serve alcohol in a restaurant is a different question, and it varies by state.
The most common minimum for serving beer, wine, and spirits in a sit-down restaurant is 18. A majority of states, including some of the largest, allow 18-year-olds to bring alcoholic drinks to a table. Bartending is stricter: many states set that minimum at 21 even when they let 18-year-olds serve, and a smaller number allow bartending at 18.9Alcohol Policy Information System. Minimum Ages for On-Premises Servers and Bartenders
If you’re under the serving age in your state, you can still wait tables. You just can’t carry the alcohol portion of the order — an older coworker handles that. Some states also require that younger servers work under the direct supervision of someone who meets the minimum age. Confirm the rule with your state’s alcohol control agency before you assume you can serve drinks.
Pay Rules That Affect Your Paycheck
Three federal pay provisions matter for a young server.
Employers may pay workers under 20 a youth minimum wage of $4.25 per hour for the first 90 consecutive calendar days on the job. After those 90 days, or once you turn 20, you’re entitled to at least the regular federal minimum of $7.25. Many states set higher minimums that override both figures.
If you regularly earn more than $30 a month in tips, you’re a “tipped employee” under federal law. Employers can pay a cash wage as low as $2.13 per hour as long as your tips bring the total to at least $7.25; if they don’t, your employer has to make up the difference.10U.S. Department of Labor. Minimum Wages for Tipped Employees Many states require a higher cash wage for tipped workers.
Tip-reporting rules apply the same way at any age. If you earn $20 or more in tips in a month from a single employer, you have to report those tips to your employer by the 10th of the following month so they can withhold income and payroll taxes.11Internal Revenue Service. Publication 531 – Reporting Tip Income Noncash tips like tickets or gift cards don’t get reported to your employer but are still taxable income on your return.
Your employer may require you to share tips in a pool with bussers, food runners, and other support staff. Managers and supervisors can’t take money from the pool.12U.S. Department of Labor. Fact Sheet 15 – Tipped Employees Under the Fair Labor Standards Act Age doesn’t change the tip-pooling rules.
Paperwork Before Your First Shift
The exact list depends on your age, your state, and whether you’ll handle alcohol, but expect to need most of the following.
Work Permit
Federal law doesn’t require minors to get a work permit, but many states do.6U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations Where required, you usually get one through your school district, which confirms your academic standing and checks that the job won’t interfere with school. Fees are often minimal or nothing.
Form I-9
Every employee in the U.S., regardless of age, has to complete a Form I-9 to verify identity and work authorization. You can use one document from List A (like a U.S. passport) or one from List B (identity) plus one from List C (work authorization). If you’re under 18 and don’t have a driver’s license or passport, a school record, report card, or clinic record can serve as your identity document.13U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents
Food Handler Card
Many local health departments require food-service workers to hold a food handler card. That involves a short training course and a test on things like safe temperatures, cross-contamination, and handwashing. Basic cards typically run $5 to $15.
Alcohol Server Training
If you’re old enough to serve alcohol in your state, you may have to complete an approved responsible beverage service course before you can start. The training covers ID checks, spotting intoxication, and refusing service. Costs typically run about $6 to $12, and some states accept online completion.