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 age-related child labor rules by keeping on file a state-issued employment or age certificate for each youth employed to show that he or she meets the minimum age requirement. Most certificates issued under state laws are acceptable. The Federal government no longer issues such age certificates.

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