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Fact Sheet #34: Hazardous Occupations Order No. 2.
Youth Employment Provision and Driving Automobiles and Trucks under the Fair
Labor Standards (FLSA)
This fact sheet provides general information concerning the application of the federal youth employment provisions to the driving of motor vehicles. For detailed information about the federal youth provisions, please read Regulations, 29CFR Part 570.52 located at http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.52.htm.
The Department of Labor is committed to helping young workers find positive, appropriate and safe employment experiences. The youth employment provisions of the FLSA were enacted to ensure that when young people work, the work does not jeopardize their health, well-being or educational opportunities. Working youth are generally entitled to the same minimum wage and overtime protections as older adults. Once a minor reaches 18 years of age, his or her employment is no longer subject to the federal youth employment provisions. For general information about the federal youth employment provisions, visit our YouthRules! website at http://www.youthrules.dol.gov/index.htm.
Hazardous Occupations Order No.2 (HO 2), generally prohibits minors under 18 years of age from driving motor vehicles or serving as an outside helper on such vehicles on any public road or highway; in or about any mine, logging or sawmilling operation; or in any excavation covered by Hazardous Occupations Order 17 (Occupations in Excavation Operations) (HO 17) - which includes excavation in trenches, building construction, or tunnels (see 29 CFR 570.68). In 1998, Congress amended the FLSA and set a minimum age of 17 for any on-the-job driving on public roads, and allowed it then only in certain limited circumstances.
OUTSIDE HELPER
No employee under 18 years may serve as an outside helper on a motor vehicle. An outside helper is any individual, other than a driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods.
DRIVING - Under 17-Years of Age
No employee under 17 years of age may drive a motor vehicle on public roads as part of his or her job if that employment is subject to the FLSA.
Driving - 17 Years of Age
Seventeen-year-olds may drive on public roadways as part of their employment, but ONLY if all of the following requirements are met:
In addition, the driving may NOT involve:
Additional Information
For more information regarding the FLSA youth employment provisions, including a complete list of all hazardous occupation orders, visit the YouthRules! web site at www.youthrules.dol.gov.
For more information regarding the Fair Labor Standards Act, visit the Wage and Hour Division web site at www.wagehour.dol.gov or call toll-free help line, available 8 a.m. to 5 p.m. in your time zone 1-866-4US-WAGE (1-866-487-9243). The FLSA statute appears at 29 U.S.C. ยง 201 et seq.
When state youth employment laws differ from the federal provisions, an employer must comply with the higher standard. Links to your state labor department can be found at www.dol.gov/esa/contacts/state_of.htm
The Department of Labor provides this information to enhance public access to information on its programs. This publication is for general information and is not to be considered in the same light as official statements of position contained in regulations.
Revised December 2004