[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR570.110]



[Page 285-286]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 570_CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION

--Table of Contents

 

   Subpart G_General Statements of Interpretation of the Child Labor 

     Provisions of the Fair Labor Standards Act of 1938, as Amended

 

Sec.  570.110  ``In or about''.



    (a) Section 12(a) excludes from the channels of interstate commerce 

goods produced in an establishment ``in or about'' which oppressive 

child labor has been employed. In a great many situations it is 

obviously easy to determine whether a minor is employed ``in'' an 

establishment. Thus, he is so employed where he performs his 

occupational duties on the premises of the producing establishment. 

Furthermore, a minor is also considered as employed in an establishment 

where he performs most of his duties off the premises but is regularly 

required to perform certain occupational duties in the establishment, 

such as loading or unloading a truck, checking in or out, or washing 

windows. This is true in such cases even though the minor is employed by 

someone other than the owner or operator of the particular 

establishment. On the other hand, a minor is not considered to be 

employed in an establishment other than his employer's merely because 

such establishment is visited by him for brief periods of time and for 

the sole purpose of picking up or delivering a message or other small 

article.

    (b) If, in the light of the statements in paragraph (a) of this 

section, the minor cannot be considered as employed in the 

establishment, he may, nevertherless, be employed ``about'' it if he 

performs his occupational duties sufficiently close in proximity to the 

actual place of production to fall within the commonly understood 

meaning of the term ``about.'' This would be true in a situation where 

the foregoing proximity test is met and the occupation of the minor is 

directly related to the activities carried on in the producing 

establishment, in this connection, occupations are considered 

sufficiently related to the activities carried on in the producing 

establishment to meet the second test above at least where the requisite 

relationship to production of goods exists within the meaning of section 

3(j) of the Act. \20\ By way of example, a driver's helper employed to 

assist in the distribution of the products of a bottling company who 

regularly boards the delivery truck immediately outside the premises of 

the bottling plant is considered employed ``in or about'' such 

establishment, without regard to whether he ever enters the plant 

itself. On the other hand, employees working entirely within one 

establishment are not considered to be employed ``in or about'' a wholly 

different establishment occupying separate premises and operated by 

another employer. This



[[Page 286]]



would be true even though the two establishments are contiguous. But in 

other situations the distance between the producing establishment and 

the minor's place of employment may be a decisive factor. Thus, a minor 

employed in clearing rights-of-way for power lines many miles away from 

the power plant cannot well be said to be employed ``in or about'' such 

establishment. In view of the great variety of establishments and 

employments, however, no hard and fast rule can be laid down which will 

once and for all distinguish between employments that are ``about'' an 

establishment and those that are not. Therefore, each case must be 

determined on its own merits. In determining whether a particular 

employment is ``about'' an establishment, consideration of the following 

factors should prove helpful:

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    \20\ See part 776 (bulletin on coverage of the wage and hours 

provisions) of this title.

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    (1) Actual distance between the producing establishment and the 

minor's place of employment;

    (2) Nature of the establishment;

    (3) Ownership or control of the premises involved;

    (4) Nature of the minor's activities in relation to the 

establishment's purpose;

    (5) Identity of the minor's employer and the establishment's owner;

    (6) Extent of control by the producing establishment's owner over 

the minor's employment.