[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: 29CFR570.126]



[Page 293-294]

 

                             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.  570.126  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



[[Page 294]]



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.



                               Enforcement