FLSA - Child Labor Rules

You have indicated that the youth is 16 or older. Remember, if he or she is 18 or older, the FLSA child labor rules do not apply.

The basic minimum age for employment under the FLSA is 16. This means that under the FLSA child labor rules, with the exception of certain hazardous jobs, the youth can work for any number of hours, at any time of day, and in any occupation. The occupations that the Secretary of Labor has found to be too dangerous, or detrimental to the health or welfare of worker younger than 18, are listed on the next page.

There are some "exemptions" for apprentices and student-learners that might let a 16- or 17-year-old work in these hazardous conditions if certain conditions are met. These exemptions will be explained later. However, there is no parental exemption with respect to these hazardous jobs. If the employment is covered by the FLSA, the youth may not be employed in these jobs.

You also may want to find out about your state's child labor rules, especially if the youth is still in school. When state and Federal child labor rules are different, the rule that provides the most protection to the young worker is the one that must be followed.

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