This toolkit provides resources to help childcare employers understand their basic responsibilities under federal labor laws enforced and administered by the U.S. Department of Labor’s Wage and Hour Division (WHD). Some states have labor laws that afford workers additional rights and protections; employers must comply with both federal and state laws.
If you discover past wage or leave mistakes, the PAID program may be able to help.
What you should know
Here are key things childcare employers need to understand:
Minimum Wage & Overtime: Pay at least the federal minimum wage ($7.25 per hour unless a higher state/local minimum wage applies) and provide overtime (1.5x regular rate) for hours over 40 per week.
Recordkeeping & Hours Worked: Maintain an accurate record of all hours worked, including time spent on training, meetings, and preparation. Employees must be paid for all required work activities, even if performed before or after their scheduled shifts.
Youth Employment: Childcare centers hiring workers under 18 must follow federal child labor laws, which restrict hours and types of tasks minors can perform.
No Retaliation or Misclassification: Workers have the right to report violations without retaliation. Employers must properly classify workers under the law.
Learn more about how the laws apply to the childcare industry.
Handy Reference Guide to the FLSA (PDF) – 28 pages
Guía práctica referente la ley de normas justas de trabajo (PDF) (español) – 28 páginas
Still need guidance? Ask us. WHD provides guidance on how laws apply to specific workplace situations. Request an Opinion Letter.
Here are additional tips and resources to understand your responsibilities as a resort and hotel employer.
Jornaleros (español)
How to Get More Information
If you have questions or need additional information, contact us online or call 1-866-487-9243 between 8 a.m. and 5 p.m. in your time zone.
Last updated on September 23, 2025.