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Content Last Revised: 7/20/51
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 570  

Child Labor Regulations, Orders and Statements of Interpretation

 

 

 

Subpart G  

General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended


29 CFR 570.126 - Parental exemption.

  • Section Number: 570.126
  • Section Name: Parental exemption.

    By the parenthetical phrase included in section 3(l)(1) of the Act, 
a parent or a person standing in place of a parent may employ his own 
child or a child in his custody under the age of 16 years in any 
occupation other than the following: (a) Manufacturing; (b) mining; (c) 
an occupation found by the Secretary to be particularly hazardous or 
detrimental to health or well-being for children between the ages of 16 
and 18 years. This exemption may apply only in those cases where the 
child is exclusively employed by his parent or a person standing in his 
parents' place. Thus, where a child assists his father in performing 
work for the latter's employer and the child is considered to be 
employed both by his father and his father's employer, the parental 
exemption would not be applicable. The words ``parent'' or a ``person 
standing
in place of a parent'' include natural parents, or any other person, 
where the relationship between that person and a child is such that the 
person may be said to stand in place of a parent. For example, one who 
takes a child into his home and treats it as a member of his own family, 
educating and supporting the child as if it were his own, is generally 
said to stand to the child in place of a parent. It should further be 
noted that occupations found by the Secretary to be hazardous or 
detrimental to health or well-being for children between 16 and 18 years 
of age, as well as manufacturing and mining occupations, are 
specifically excluded from the scope of the exemption.
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