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Fact Sheet #40: Federal Child Labor Laws in Farm Jobs

The Fair Labor Standards Act of 1938 (FLSA) as amended, sets standards for child labor in agriculture.  These standards differ from those for nonfarm jobs.

To Which Agricultural Workers does the FLSA Apply?

The FLSA covers employees whose work involves production of agricultural goods which will leave the state directly or indirectly and become a part of interstate commerce.

What are the Minimum Age Standards for Agricultural Employment?

Youths ages 16 and above may work in any farm job at any time.

Youths aged 14 and 15 may work outside school hours in jobs not declared hazardous by the Secretary of  Labor.

Youths 12 and 13 years of age may work outside of school hours in non-hazardous jobs on farms that also employ their parent(s) or with written parental consent.

Youths under 12 years of age may work outside of school hours in non-hazardous jobs with parental consent, but only on farms where none of the employees are subject to the minimum wage requirements of the FLSA.

Local youths 10 and 11 may hand harvest short-season crops outside school hours for no more than 8 weeks between June 1 and October 15 if their employers have obtained special waivers from the Secretary of Labor.

Youths of any age may work at any time in any job on a farm owned or operated by  their parents.

What are the Hazardous Occupations in Agriculture?

Minors under 16 may not work in the following occupations declared hazardous by the Secretary of  Labor:

The prohibition of employment in hazardous occupations does not apply to youths employed on farms owned or operated by their parents.  In addition, there are some exemptions from the prohibitions:

What if state child labor standards differ from federal standards?

Many states have laws setting standards for child labor in agriculture.  When both state and federal child labor laws apply, the law setting the most stringent standard must be observed.

Who enforces the federal child labor laws?

The Wage and Hour Division of the U.S. Labor Department's Employment Standards Administration enforces the laws.  Employers may be fined up to $10,000 for each child labor violation.

Where can I get more information about the federal child labor laws?

This publication is for general information and is not to be considered in same light as official statement of position contained in the regulations.

For additional information, visit our Wage-Hour website: http://www.wagehour.dol.gov and/or call Wage-Hour toll-free information and help line, available 8am to 5pm in your time zone, 1-866-4USWAGE (1-866-487-9243).