Child Labor

Overview

The federal child labor provisions, authorized by the Fair Labor Standards Act (FLSA) of 1938, also known as the child labor laws, were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities. These provisions also provide limited exemptions.

Key News

The Department of Labor’s Wage and Hour Division announced that on November 15, 2018, it will publish a notice to extend the comment period for the Notice of Proposed Rulemaking: Expanding Employment, Training, and Apprenticeship Opportunities for 16- and 17-Year-Olds in Health Care Occupations under the Fair Labor Standards Act. The comment due date was extended to 12/11/2018.

The Department of Labor’s Wage and Hour Division announced that on September 27, 2018, it will publish a Notice of Proposed Rulemaking : Expanding Employment, Training, and Apprenticeship Opportunities for 16- and 17-Year-Olds in Health Care Occupations under the Fair Labor Standards Act. For more information, please see News Release [9/26/18]: U.S. Department of Labor Announces Proposal to Allow Younger Americans to Safely Develop Skills for Careers in Healthcare.

General Guidance

• YouthRules! — Describes the requirements of the child labor laws as they relate to teens, parents, educators and employers.
• Child Labor Bulletin No. 101 — Describes the occupational requirements for nonagricultural employment.
• Child Labor Bulletin No. 102 — Describes the occupational and hours limitations for agricultural employment for minors.
• State Child Labor Laws — links to state employment laws which also regulate the employment of young workers.

Fact Sheets and FAQs

• Amusement Parks (PDF) — Provides the child labor requirements for child labor in amusement parks and recreational establishments.
• Cooking and Baking (PDF) — Information concerning cooking and baking activities under the federal child labor provisions.
• Driving Automobiles and Trucks (PDF) — General information concerning the application for the federal provisions for driving motor vehicles.
  • Teen Driving (PDF) — Explains the child labor requirements for minors to operate motor vehicles.
• Employing Youth In Restaurants (PDF) — Provides general information concerning the application to child labor in restaurants and quick service establishments.
• Farm Jobs (PDF) —Answers questions concerning child labor in agriculture.
  • Spanish Version
• Grocery Stores (PDF) — Provides general information concerning child labor in super markets and grocery stores.
  • Spanish Version (PDF)
• Health Care (PDF) — Information concerning employing young workers in the health care industry.
• Lifeguards (PDF) — Requirements for child labor under the Fair Labor Standards Act.
• Nonagricultural Occupations (PDF) — General information concerning employment in non-agricultural occupations.
• Power-Driven Balers and Compactors (PDF) — General information concerning child labor as it relates to loading, unloading and operation of scrap paper balers and paper box compactors.
• Recreation Establishments (PDF) —Provides the child labor requirements for child labor in amusement parks and recreational establishments.
• Roofing and work on or about a roof (PDF) — Provides information on the employment of minors in roofing activities and on roofs.
• Visits to Employers (PDF) — Provides general information about Wage and Hour Investigations.
• Wood Processing Industries (PDF) — Preliminary guidance concerning changes under the FLSA that impact employment of minors exempt from compulsory school attendance laws in businesses where machine process wood products.
• Youth Employment FAQs for School-Based Vocational Education Programs

e-Tools

• elaws — Child Labor Rules — Provides guidelines for the employment of workers under the age of 18 in nonagricultural occupations.
• Employer Self Assessment Tool for Child Labor — Assists employers comply with the child labor provisions by providing guidance for employers to evaluate their level of compliance.
  • Employer Self Assessment Tool for Child Labor in Grocery .
  • Employer Self Assessment Tool for Child Labor in Non-Agriculture
  • Employer Self Assessment Tool for Child Labor in Restaurant .

Publications

• Posters, Stickers & Bookmarks Provides access to the posters, stickers and bookmarks designed for child labor.

Interpretive Guidance

• Opinion Letters
  • Opinion Letters from the Administrator
  • Non-Administrator Opinion Letters
• Field Operations Handbook
  • Chapter 33 — Child Labor (PDF)

Applicable Laws and Regulations

• Law
  • The FLSA — Establishes the child labor provisions for the employment of young workers.
• Regulations
  • 29 CFR Part 570 — Regulations of the child labor provisions under the FLSA.

Rulemaking Resources

• NIOSH Report on the Operation of Power-Driven Patient/Resident Hoist/lifts by 16-and 17-Year-Olds
  • NIOSH Transmittal Letter of March 11, 2011 to Wage and Hour Division Deputy Administrator Nancy J. Leppink
  • NIOSH Assessment of Risks for 16- and 17-Year Old Workers Using Power-Driven Patient lift Devices

Presentations

• Child Labor Presentation for Teens (Microsoft® PowerPoint®)

Child Labor CMP Assessment Amounts

• Initial Civil Money Penalty Assessment Amounts by Violation (Non-Agriculture) As per 29 CFR § 579.5
• Initial Civil Money Penalty Assessment Amounts by Violation (Agriculture) As Per 29 CFR § 579.5