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Content Last Revised: 7/20/51

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Code of Federal Regulations Pertaining to ESA

Title 29  



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 570.121 - Age certificates.

  • Section Number: 570.121
  • Section Name: Age certificates.

    (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.

    31 Subpart A of this part.

    (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.
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