Florida Child Labor Bill: Longer Shifts, Seven-Day Weeks, and HB 49 Limits

Florida House Bill 49 took effect on July 1, 2024, and rewrote several parts of the state’s child labor law for 16- and 17-year-olds. The Florida HB 49 child labor law lets older teens work longer shifts on Sundays and holidays, allows a parent or school official to waive the 30-hour weekly cap during the school year, trims the mandatory meal break, and requires every local juvenile curfew ordinance to include exceptions for things like traveling to work. Rules for workers aged 15 and younger were largely left alone.

Longer Shifts on Sundays and Holidays

Before HB 49, a 16- or 17-year-old could not work more than eight hours on any day when school was scheduled the following morning. That eight-hour cap still applies to most school nights, but the new law carves out Sundays and holidays. If the workday falls on a Sunday or a holiday, the eight-hour limit does not apply, even when school meets the next day.¹ A 17-year-old can now pull a ten-hour Sunday retail shift without violating state law.

The time-of-day limits did not change. On nights before a school day, 16- and 17-year-olds still cannot work before 6:30 a.m. or after 11:00 p.m., and no parental waiver covers those cutoffs.¹

Waiving the 30-Hour School-Week Cap

This is the change that matters most to working teens and their families. Under the old rules, 16- and 17-year-olds were capped at 30 hours per week whenever school was in session, with no simple way out. HB 49 allows that cap to be waived on a form prescribed by the Department of Business and Professional Regulation (DBPR). The form must be signed by either the minor’s parent or custodian, or by the school superintendent or the superintendent’s designee.¹

The process is simple. A parent signs the DBPR form, the employer keeps it on file, and the 30-hour cap no longer applies to that student. There is no state approval step, no waiting period, and no separate filing with the school district. The superintendent route is an alternative, not an added requirement. If a 16- or 17-year-old is scheduled past 30 hours in a school week and the employer does not have a signed waiver on file, the employer is in violation.

Meal Breaks Only on Longer Shifts

Florida used to require a 30-minute meal break for every minor after four consecutive hours of work. HB 49 split the rule by age. For workers 15 and younger, the 30-minute break after every four continuous hours still stands.

For 16- and 17-year-olds, the mandatory break now kicks in only when the shift reaches eight hours. On a shorter shift, state law no longer requires a meal break at all.¹ A 16-year-old working six hours on a Saturday no longer has a guaranteed break under state law. Employers can still offer one, and many will, but the state mandate is gone for anything under eight hours.

Seven-Day Workweeks Are Now Legal for Older Teens

Florida used to prohibit any minor from working more than six consecutive days in a week. HB 49 removed that rule for 16- and 17-year-olds.² An older teen can now legally be scheduled seven days in a row. The six-day limit still applies to workers aged 15 and younger.

Home-Schooled and Virtual Students

HB 49 gives 16- and 17-year-olds enrolled in a home education program or an approved virtual instruction program broader flexibility. These students may work during what would be school hours for a traditional student.² Because their schooling does not follow a fixed classroom day, most of the state’s time-of-day restrictions that depend on when school is in session do not apply the same way.

Working During School Hours After Leaving School

A minor who wanted to work during school hours used to need a certificate from the school superintendent. HB 49 ties the process instead to the existing declaration of intent to terminate school enrollment under Section 1003.21 of the Florida Statutes. A student who has turned 16 can file this declaration with the district school board, signed by both the student and a parent, acknowledging that leaving school is likely to reduce future earning potential.³

Once the declaration is filed, the student is no longer subject to compulsory attendance and can work during the regular school day. The district must conduct an exit interview and inform the student about adult education and high school equivalency options. The decision rests with the student and parent rather than requiring the superintendent’s sign-off.

What Local Curfew Ordinances Must Now Allow

The bill’s full title is “Employment and Curfew of Minors,” and the curfew half is substantive. HB 49 amended Section 877.25 to require that every county or municipal juvenile curfew ordinance include a set of mandatory exceptions. Local governments can still write curfews that are stricter or looser than the statewide framework in Sections 877.20 through 877.24, but a minor out during curfew hours cannot be penalized if they are:²

Accompanied by a parent or authorized adult.
Traveling to or from lawful employment, or at a location their job requires.
Involved in an emergency, or running an emergency errand with parental permission.
Exercising First Amendment rights, including attending or traveling to a protest or religious service.
Returning home from a school, religious, or civic function.
On or next to their own property, or on a next-door neighbor’s property with permission.
Engaged in interstate or intrastate travel with parental consent.
Attending an event at a theme park or entertainment complex.

A city cannot write a curfew that penalizes a 17-year-old walking home from a late restaurant shift. The employment exception is mandatory, and any local curfew lacking these carve-outs is out of compliance with state law.

What HB 49 Did Not Change

The rules for 15-year-olds and younger stayed where they were. During a school week, the cap is 18 hours total, with no more than 3 hours on a school day, no more than 6 consecutive workdays, and a 30-minute meal break after every 4 continuous hours.

Hazardous occupation rules were untouched. Under Section 450.061, no minor may be employed in sawmills, logging, scaffolding, heavy building trades, cleaning or repairing machinery, or operating motor vehicles outside the narrow farm-tractor exceptions.⁴ Relaxed hour limits are not relaxed safety limits.

Federal law under the Fair Labor Standards Act still sets a floor. Where federal rules are stricter, they override the looser Florida provisions.⁵ This matters most for 14- and 15-year-olds, who under federal law cannot work before 7:00 a.m. or after 7:00 p.m. (extended to 9:00 p.m. from June 1 through Labor Day).⁶ For 16- and 17-year-olds, federal law does not cap hours or restrict scheduling, so Florida’s new state rules are the binding standard.

Penalties for Violations

The DBPR investigates child labor complaints and enforces Chapter 450. Violations carry a civil fine of up to $2,500 per offense.² Common triggers include scheduling a minor beyond the permitted hours, failing to keep a signed 30-hour waiver on file, or employing a minor in a prohibited occupation.

An employer who violates the employment restrictions also commits a second-degree misdemeanor, which carries a maximum criminal fine of $500 and up to 60 days in jail.⁷ Each day a minor works in violation counts as a separate offense, so a two-week stretch of improper scheduling can produce a stack of individual charges rather than a single citation.

Federal enforcement runs on a separate track. The Department of Labor’s Wage and Hour Division can conduct unannounced workplace inspections and interview employees in private.⁸ Federal civil penalties for child labor violations can reach $16,035 per minor, well above the state fine.⁹

1
Florida Senate. Florida Statutes 450.081 – Hours of Work in Certain Occupations
2
Florida Senate. House Bill 49 Staff Analysis
3
Florida Senate. Florida Statutes 1003.21 – School Attendance
4
Online Sunshine. Florida Statutes 450.061 – Employment Restrictions for Minors
5
U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the FLSA for Nonagricultural Occupations
6
U.S. Department of Labor. Non-Agricultural Jobs 14-15
7
Online Sunshine. Florida Statutes 775.083 – Fines
8
U.S. Department of Labor. Fact Sheet 44 – Visits to Employers
9
eCFR. Part 579 – Child Labor Violations Civil Money Penalties