Are You Subject to Child Labor Law?

Originally, the federal Fair Labor Standards Act (FLSA) restricted child labor only where interstate activities were concerned. Subsequent amendments extended the reach of the child-labor restriction to all the activities of businesses that qualify as enterprises under the law. This does not mean that the employment of a child is totally prohibited — it's only restricted.

Exemptions. You are not subject to child labor requirements, but are still subject to minimum wage, overtime pay, and equal pay requirements, if your minor employee's employment meets one of the following conditions:

• Farm employment outside of school hours. Children under the age of 12 may not be employed on farms outside of school hours, except by a parent or guardian or, with parental consent, on a farm exempt from wage requirements. However, the law permits 10 and 11 year olds to engage in hand harvest agricultural labor for up to eight weeks a year where a number of conditions are satisfied. Children age 12 or 13 may not work on farms outside of school hours, except with parental consent or on a farm where a parent or guardian also is employed.
• Parental nonfarm employment. Parental employment of children in occupations other than manufacturing, mining, or those officially deemed hazardous for children is not restricted by federal law. Even the "hazardous occupations" are permitted for children employed on farms owned or operated by their parents.
• Theatrical employment. Employment of children as actors or performers in motion pictures or in theatrical, radio, or television productions is not prohibited.
• Amish children. Amish teenagers aged 14 to 18 are allowed to work as apprentices in traditional Amish sawmills and woodworking industries. The teenagers may enter apprenticeships once they complete their formal education. The teenagers are not allowed to operate or assist in the operation of power-driven woodworking machines. The teenagers are also required to wear protective equipment and be under the supervision of an adult relative or other Amish adult.

Warning Even though you may not be subject to child labor restrictions under federal law, most states have child labor restrictions, as well. Be sure to check your state's laws in assessing your liability.