(a) To protect an employer from unwitting violation of the minimum
age standards, it is provided in section 3(1)(2) of the Act that
``oppressive child labor shall not be deemed to exist by virtue of the
employment in any occupation of any person with respect to whom the
employer shall have on file an unexpired certificate issued and held
pursuant to regulations of the Secretary of Labor certifying that such
person is above the oppressive child labor age.'' An age certificate is
a statement of a minor's age issued under regulations of the Secretary
(Child Labor Regulation No. 1), 31 based on the best
available documentary evidence of age, and carrying the signatures of
the minor and the issuing officer. Its purpose is to furnish an employer
with reliable proof of the age of a minor employee in order that he may,
as specifically provided by the act, protect himself against
unintentional violation of the child labor provisions. Pursuant to the
regulations of the Secretary, State employment or age certificates are
accepted as proof of age in 45 States, the District of Columbia, and
Puerto Rico, and Federal certificates of age in Idaho, Mississippi,
South Carolina and Texas. If there is a possibility that the minor whom
he intends to employ is below the applicable age minimum for the
occupation in which he is to be employed, the employer should obtain an
age certificate for him.
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31 Subpart A of this part.
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(b) It should be noted that the age certificate furnishes protection
to the employer as provided by the act only if it shows the minor to be
above the minimum age applicable thereunder to the occupation in which
he is employed. Thus, a State certificate which shows a minor's age to
be above the minimum required by State law for the occupation in which
he is employed does not protect his employer for purposes of the Fair
Labor Standards Act unless the age shown on such certificate is also
above the minimum provided under that act for such occupation.