[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: 29CFR570.115]



[Page 288]

 

                             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.  570.115  Joint applicability.



    The child labor coverage provisions contained in sections 12(a) and 

12(c) of the Act may be jointly applicable in certain situations. For 

example, a manufacturer of women's dresses who ships them in interstate 

commerce, employs a minor under 16 years of age who gathers and bundles 

scraps of material in the cutting room of the plant. Since the 

employment of the minor under such circumstances constitutes oppressive 

child labor and involves the production of goods for commerce, the 

direct prohibition of section 12(c) is applicable to the case. In 

addition, section 12(a) also applies to the manufacturer if the dresses 

are removed from the establishment during the course of the minor's 

employment or within 30 days thereafter. To illustrate further, suppose 

that a transportation company employs a 17-year-old boy as helper on a 

truck used for hauling materials between railroads and the plants of its 

customers who are engaged in producing goods for shipment in commerce. 

The employment of the minor as helper on a truck is oppressive child 

labor because such occupation has been declared particularly hazardous 

by the Secretary for children between 16 and 18 years of age. Since his 

occupation involves the transportation of goods which are moving in 

interstate commerce, his employment in such occupation by the 

transportation company is, therefore, directly prohibited by the terms 

of section 12(c). If the minor's duties in this case should, for 

example, include loading and unloading the truck at the establishments 

of the customers of his employer, then the provisions of section 12(a) 

might be applicable with respect to such customers. This would be true 

where any goods which they produce and ship in commerce are removed from 

the producing establishment within 30 days after the minor's employment 

there.