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Legislation

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Legislation
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Current Legislation

Fair Labor Standards Act of 1938 (FLSA)

  • The FLSA has different regulations for agricultural and non-agricultural employment
  • There is no minimum wage requirement for agriculture and there is no overtime pay
  • Children can work at an earlier age and more often in agriculture than in other industries. See chart below

AGE

Non agricultural employment law

Agricultural employment law

Under

12

Minors of all ages are allowed to deliver newspapers, perform in radio, television, movies, or theatrical productions, work for their parents’ nonfarm business unless it requires hazardous work

Minors of all ages may be employed outside of school hours with parental consent on “small farms” (farms where employees are exempt from the Federal Minimum Wage provisions. Usually farms with less than 11 employees)

12 and 13

Minors of all ages are allowed to deliver newspapers, perform in radio, television, movies, or theatrical productions, work for their parents’ nonfarm business unless it requires hazardous work

12- and 13-year-olds may work outside of school hours in any non-hazardous agricultural job with written parental consent or on a farm that also employs their parent(s) or person standing in place of the parent(s)

14 and 15

May be employed for non-hazardous work outside of school hours with the following exceptions: 1. Not before 7 AM and not after 7 PM (not after 9 PM through the summer)

2. Not more than 3 hours on a school day, including Fridays

3. Not more than 18 hours during a school week

4. Not more than 8 hours on a nonschool day

5. Not more than 40 hours during a nonschool week

May work outside of school hours in any agricultural occupation except those declared hazardous by the Secretary of Labor

16 and 17

Minors age 16 and 17 may perform any job not declared hazardous by the Secretary, and are not subject to restrictions on hours

Once a youth reaches 16 years of age, he or she is no longer subject to the Federal agricultural youth employment provisions and may be employed for any kind of agricultural work, including hazardous work



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