FLSA - Child Labor Rules

Exemptions from Child Labor Rules in Agriculture

There are only a few exemptions from the hazardous occupations in agriculture and they apply only to 14- and 15-year-olds. The circumstances where a 14- and 15-year-old may be employed in certain hazardous occupations are:

• Student-learners in a bona fide vocational agriculture program may work in Ag H.O. # 1 through #6, under a written agreement which provides that:
  1. Work is incidental to the training;
  2. Work shall be intermittent, for short periods of time, and under the direct and close supervision of a qualified, experienced person;
  3. School shall give safety instruction coordinated by the employer with on-the-job training; and
  4. A schedule of organized and progressive work processes to be performed on the job has been prepared.

• 14- or 15-year-olds who hold certificates of completion of the 4-H Federal Extension Training Programs for tractor operation and/or machine operation may work in occupations listed in items 1 and 2 for which they have been trained, provided that the youth:
  1. Has been instructed by his or her employer on safe and proper operation of the specific equipment to be used; and
  2. Is continuously and closely supervised by the employer where feasible; or, where not feasible, is checked for safety by the employer at least at mid-morning, noon, and mid-afternoon.

Employers must keep copies of written agreements and certificates under these programs. Employers may protect themselves from unintentional violation of the child labor rules by keeping state-issued employment or age certificates for each young worker to show that he or she is at least the minimum age for the job. The owner of the farm where a child works or wants to work may ask him or her to provide such a certificate.

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