Agricultural Child Labor Restrictions under the

Fair Labor Standards Act

The Fair Labor Standards Act of 1938 (FLSA) sets forth a number of rules to protect workers of every age. Generally, the FLSA ensures that most workers receive a minimum wage and premium pay for hours that are worked in excess of 40 hours per week. Additionally, the FLSA sets forth special rules governing child labor. These rules differ between agricultural workers and non-agricultural workers. This article summarizes the general child labor rules that must be followed by agricultural employers.

The FLSA applies to agricultural operations that produce goods that may become a part of interstate commerce. It does not apply to children who work on a farm owned and operated by their parents.

The agricultural provisions of the FLSA classify workers according to their ages. Following is a summary of the types of agricultural work that children of different age groups may perform:

Under 12 years old

Children under the age of 12 may work in non-hazardous employment on farms where none of the employees are subject to the minimum wage requirements of the FLSA. The children must have the consent of their parents to work on these farms.

10 and 11 year olds

Employers may obtain a special waiver from the Secretary of Labor to hire local children between the ages of 10 and 11 to hand harvest certain crops in the summertime. The children may work for no more than eight weeks and they may not work during school hours.

12 and 13 year olds

Children who are 12 and 13 years old may work outside of school hours in non-hazardous jobs on farms that also employ their parents. These children may also work in these jobs if the parents merely provide written consent to the employer.

14 and 15 year olds

Workers who are 14 and 15 years old may work in any non-hazardous agricultural job, so long as the work is not during school hours.

16 year olds and above

Workers 16 years of age and older may work in any farm job at any time.

The following types of farm work have been declared to be hazardous by the Secretary of Labor; thus, workers under the age of 16 may not perform these jobs:

Operating tractors with more than 20 PTO horsepower,
Operating a combine, hay mower, cotton picker, corn picker, auger conveyer, and other types of heavy machinery,
Operating a power-post hole digger, circular saw, or earthmoving equipment,
Working in pens with bulls, boars, stud horses, sows with young pigs, or a cow with a newborn calf (while the umbilical cord is still present),
Working on a ladder higher than 20 feet,
Working inside grain silos or manure pits,
Driving a motor vehicle,
Handling toxic chemicals, explosives, or anhydrous ammonia.

Enforcement of the FLSA

Employers who violate the child labor provisions of the FLSA may be subject to a $11,000 fine for each violation. The Wage and Hour Division of the United States Department of Labor is responsible for administering the law.