[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: 29CFR570.5]



[Page 255]

 

                             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 B_Certificates of Age

 

Sec.  570.5  Certificates of age and their effect.



    Authority: 29 U.S.C. 203(l), 211, 212.



    Source: 41 FR 26835, June 29, 1976, unless otherwise noted.





    (a) To protect an employer from unwitting violation of the minimum 

age standards under the Act, section 3(1) of the Act provides 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.'' The provisions of this 

subpart provide for age certificates based on the best available 

documentary evidence of age. Certificates issued and effective pursuant 

to this subpart furnish an employer with proof of the age of a minor 

employee upon which he may rely in determining whether the minor is at 

least the minimum age for the occupation in which he is to be employed.

    (b) The employment of any minor shall not be deemed to constitute 

oppressive child labor under the Act if his employer shall have on file 

an unexpired certificate, issued and held in accordance with this 

subpart, which shall be either:

    (1) A Federal certificate of age, issued by a person authorized by 

the Administrator of the Wage and Hour Division, showing that such minor 

is above the oppressive child-labor age applicable to the occupation in 

which he is employed, or

    (2) A State certificate, which may be in the form of and known as an 

age, employment, or working certificate or permit, issued by or under 

the supervision of a State agency in a State which has been designated 

for this purpose by the Administrator showing that such minor is above 

the oppressive child-labor age applicable to the occupation in which the 

minor is employed. States so designated are listed in Sec.  570.9(a). 

Any such certificate shall have the force and effect specified in Sec.  

570.9.

    (c) The prospective employer of a minor, in order to protect himself 

from unwitting violation of the Act, should obtain a certificate (as 

specified in paragraphs (b) (1) and (2) of this section) for the minor 

if there is any reason to believe that the minor's age may be below the 

applicable minimum for the occupation in which he is to be employed. 

Such certificate should always be obtained where the minor claims to be 

only 1 or 2 years above the applicable minimum age for the occupation in 

which he is to be employed. It should also be obtained for every minor 

claiming to be older than 2 years above the applicable minimum age if 

his physical appearance indicates that this may not be true.