The Fair Labor Standards Act (FLSA) Child Labor Provisions
Congressional research reportJul 1, 2026
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The Fair Labor Standards Act (FLSA) Child
Labor Provisions
Updated July 1, 2026
Congressional Research Service
https://crsreports.congress.gov
R44548
SUMMARY
The Fair Labor Standards Act (FLSA) Child
Labor Provisions
The Fair Labor Standards Act (FLSA) of 1938 prohibits the employment of “oppressive child
labor” in the United States, which the act defines—with some exceptions—as the employment of
youth under the age of 16 in any occupation or the employment of youth under 18 years old in
hazardous occupations. The act includes several exemptions, however, that create a complex set
of thresholds that depend on the child’s age, local school hours, the nature of the work (e.g.,
occupation, industry, and work environment), parental involvement in the child’s employment,
and other factors. Notably, exemptions to the act’s child labor provisions create separate rules
governing children’s employment in agriculture and in non-agricultural work.
R44548
July 1, 2026
Sarah A. Donovan
Specialist in Labor Policy
Jon O. Shimabukuro
Legislative Attorney
For non-exempt children, the minimum age for employment in non-agricultural occupations is
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18 years for hazardous occupations;
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16 years for employment in any agricultural job, including hazardous agricultural occupations, with no
restrictions on hours of work;
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14 years for employment in non-hazardous agricultural jobs outside of school hours; and
16 years for employment in non-hazardous occupations; and
14 years for a limited set of occupations, with restrictions on hours and work conditions.
With some exceptions, the minimum age for employment in agricultural occupations is
any age, for employment in non-hazardous agricultural jobs, outside of school hours, with parental consent,
when certain conditions are met concerning farm size, the nature and duration of work, and other
requirements.
Not all work performed by underage children is unlawful under the act. The FLSA provisions prohibit (1) the employment of
oppressive child labor for children covered by the act, and (2) the interstate shipment of goods produced in an establishment
in or about which oppressive child labor is employed.
The FLSA authorizes the Secretary of Labor to conduct workplace inspections and investigations to determine if oppressive
child labor is present and enforce the child labor provisions. The Secretary may assess civil money penalties to employers
who violate the provisions or pursue action in federal courts.
In 2026, employers who violate the FLSA child labor provisions may be assessed a civil penalty of up to $16,035 for each
employee who was the subject of a child labor violation, or up to $72,876 for each violation that causes the death or serious
injury of a minor employee; a penalty may be doubled if the violation is a repeated or willful violation.
U.S. district courts have jurisdiction to enjoin violations of the FLSA’s child labor provisions. Criminal penalties are also
prescribed for willful violations of the FLSA’s child labor provisions. Any person who willfully violates these provisions
will, upon conviction, be subject to a fine of not more than $10,000, imprisonment for not more than six months, or both.
Since the enactment of the FLSA, various courts have resolved cases involving the meaning and operation of the law’s child
labor provisions. Early cases focused on the movement of goods produced by minors and whether an employer’s activities
were restricted by the provisions. More recent cases have examined the direct employment of minors in oppressive child
labor.
Congressional Research Service
The Fair Labor Standards Act (FLSA) Child Labor Provisions
Contents
Provisions Addressing Oppressive Child Labor .............................................................................. 1
Section 12(c): Prohibited Employment of Oppressive Child Labor ......................................... 2
Section 12(a): Prohibited Shipment of “Hot Goods” ................................................................ 2
Coverage of FLSA Child Labor Provisions..................................................................................... 2
Individual and Enterprise Coverage of the Ban on Oppressive Child Labor ............................ 3
Establishment Coverage of the Hot Goods Provision ............................................................... 4
Exemptions from the Child Labor Provisions ................................................................................. 4
Minimum Age for Employment ...................................................................................................... 5
Employment of Children in Non-Agricultural Work ................................................................ 5
Rules Governing the Employment of Children 14 and 15 Years Old ................................. 5
Non-Agricultural Hazardous Occupations for Children Aged 16 and 17 Years ................. 8
Employment of Children in Agriculture.................................................................................. 12
Minimum Age for Employment in Agriculture................................................................. 12
Hours of Agricultural Employment .................................................................................. 13
Agricultural Hazardous Occupations ................................................................................ 13
Administration of Child Labor Provisions .................................................................................... 15
Civil Money Penalties ............................................................................................................. 15
Injunctions and Criminal Penalties ......................................................................................... 16
Courts’ Consideration of FLSA Child Labor Provisions......................................................... 16
Application of Section 12(a): Shipment of Goods in Commerce ..................................... 16
Application of Section 12(c): Direct Employment of Oppressive Child Labor ................ 18
Legislation in the 119th Congress ........................................................................................... 20
Tables
Table 1. Non-Agricultural Hazardous Occupation Orders for Children Aged 16 and 17
Years ............................................................................................................................................. 9
Table 2. Hazardous Occupations for Agriculture .......................................................................... 14
Contacts
Author Information........................................................................................................................ 21
Congressional Research Service
The Fair Labor Standards Act (FLSA) Child Labor Provisions
T
he Fair Labor Standards Act (FLSA) of 1938 defines and prohibits the employment of
“oppressive child labor” in the United States.1 The act establishes a general minimum age
of 16 years for employment in non-hazardous occupations and a minimum age of 18 years
for employment in any occupation determined by the Secretary of Labor to be hazardous to the
health or well-being of minors. However, children younger than 16 may work if certain
conditions are met, and rules for agricultural and nonagricultural employment vary significantly.
Not all oppressive child labor is unlawful under the FLSA. The act’s child labor provisions do not
apply, for example, to child entrepreneurs and children who volunteer their time for charitable
organizations.2 Certain occupations (e.g., newspaper delivery) are entirely excluded from
coverage. Children who in no way participate, support, or work for enterprises that engage in
interstate commercial activities nor work in proximity to establishments that ship goods across
state lines are also not covered.
This report is a guide to the FLSA child labor provisions, accompanying Department of Labor
(DOL) regulations, and their administration. Taken together, these constitute what is commonly
known as “federal child labor law.” In addition, states have child labor laws, compulsory
schooling requirements, and other laws that govern children’s employment and activities. No state
law may weaken the worker protections provided by the FLSA.3 However, state laws that impose
greater worker protections will supersede those provided by the FLSA. Such state protections are
not discussed in this report.
Provisions Addressing Oppressive Child Labor
The FLSA includes four child labor provisions, two of which address the employment of
oppressive child labor, which the act defines—with some exceptions—as the employment of
youth under the age of 16 in any occupation or the employment of youth under 18 years in
hazardous occupations.4 These provisions—at Section 12(c) and Section 12(a) of the act—create
a direct and an indirect prohibition on the employment of oppressive child labor, respectively.5
1 The Fair Labor Standards Act (FLSA) also provides for a federal minimum wage, overtime pay, and employers’
record-keeping responsibilities. For an overview of the FLSA see CRS Report R42713, The Fair Labor Standards Act
(FLSA): An Overview, by David H. Bradley, Benjamin Collins, and Sarah A. Donovan.
2 See the discussion in the “Coverage of FLSA Child Labor Provisions” section of this report.
3 29 U.S.C. §218(a) provides, in relevant part, that “no provision of this chapter relating to the employment of child
labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard
than the standard established under this chapter.”
4 29 U.S.C. §203(l). See section “Exemptions from the Child Labor Provisions” of this report for a discussion of the
exemptions, and section “Minimum Age for Employment” for minimum age thresholds for employment that result
from FLSA child labor provisions and exemptions.
5 The other two child labor provisions authorize the Secretary of Labor to enforce the child labor provisions, including
through investigations, inspections, and review of employer records. This authority is discussed in the section
“Administration of Child Labor Provisions” of this report.
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Section 12(c): Prohibited Employment of Oppressive Child Labor
Section 12(c) of the FLSA creates a direct ban on the employment of oppressive child labor under
certain conditions. Section 12(c) states,
No employer shall employ any oppressive child labor in commerce or in the production of
goods for commerce or in any enterprise engaged in commerce or in the production of
goods for commerce.6
Section 12(a): Prohibited Shipment of “Hot Goods”
Section 12(a) of the FLSA restricts the shipment of certain goods that have been produced in
proximity to oppressive child labor—called “hot goods.”7 It provides, in relevant part,
No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any
goods produced in an establishment situated in the United States in or about which within
thirty days prior to the removal of such goods therefrom any oppressive child labor has
been employed.8
This provision does not ban the employment of oppressive child labor directly, but restricts the
interstate shipment of goods made in proximity to oppressive child labor. Child workers are
protected under this provision even if they are not employed by the establishment that produces
and ships the goods.9
Coverage of FLSA Child Labor Provisions
The FLSA child labor provisions may apply to an individual child, an enterprise in which a child
works, or an establishment that produces goods in proximity to child labor.10 These three types of
6 29 U.S.C. §212(c).
7 Similar FLSA hot goods provisions also apply to goods produced in violation of minimum wage and overtime
requirements; see 29 U.S.C. §215(a)(1).
8 29 U.S.C. §212(a). DOL clarifies the meaning of the phrase “in or about” at 29 C.F.R. §570.110, which notes that a
child is employed in an establishment when he or she performs “occupational duties on the premises of the producing
establishment” or where the child performs most “duties off the premises but is regularly required to perform certain
occupational duties in the establishment, such as loading or unloading a truck, checking in or out, or washing
windows.” A child is employed about an establishment if the child performs duties “sufficiently close in proximity to
the actual place of production to fall within the commonly understood meaning of the term ‘about’” and “the
occupation of the minor is directly related to the activities carried on in the producing establishment.... By way of
example, a driver’s helper employed to assist in the distribution of the products of a bottling company who regularly
boards the delivery truck immediately outside the premises of the bottling plant is considered employed “in or about”
such establishment, without regard to whether he ever enters the plant itself.” That example notwithstanding, the
regulation concludes that “no hard and fast rule can be laid down which will once and for all distinguish between
employments that are ‘about’ an establishment and those that are not. Therefore, each case must be determined on its
own merits.”
9 To be “hot,” the goods must be produced in and removed from an establishment in or about which oppressive child
labor was employed. It is not necessary for the child to be involved in the production of the goods or in their shipment.
After 30 days, the goods are said to have “cooled” and may be shipped out of state. However, any hot good that has
already been shipped is permanently hot and may not be shipped out of state at all. See §33a02 of DOL, Wage and
Hour Division, Field Operations Handbook, Rev 665, Chapter 33: Child Labor—FLSA, September 22, 2011,
http://www.dol.gov/whd/FOH/FOH_Ch33.pdf.
10 FLSA provisions apply to workplaces located in the United States and certain U.S. territories. See 29 C.F.R. §776.7.
Congress has addressed child labor (among other labor standards) internationally through U.S. trade agreements and
trade preference programs, which generally require U.S. trade partners to have and enforce child labor laws. The
legislation and efforts of 140 U.S. trade beneficiaries’ to eliminate the “worst forms of child labor”—which include
(continued...)
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
coverage—individual, enterprise, and establishment—have somewhat different formulations, but
each requires three elements:
1. Oppressive child labor. With some exceptions, oppressive child labor means the
employment of youth under the age of 16 in any occupation or the employment
of youth under 18 years in hazardous occupations.
2. Employment relationship. The child must be employed by an employer (i.e., the
child is not an entrepreneur or an unpaid volunteer).
3. Commerce. FLSA defines commerce as “trade, commerce, transportation,
transmission, or communication among the several States, or between any State
and any place outside thereof.”11
Where one of these elements is missing—for example, where there is no employment relationship
between a child and an employer—the FLSA child labor provisions do not apply.12 In addition,
certain occupations (e.g., newspaper delivery) and work arrangements (e.g., children working for
a parent) are explicitly exempt from the child labor provisions. Where so exempt, the provisions
do not apply even if all three elements listed above are present.
Individual and Enterprise Coverage of the Ban on Oppressive
Child Labor
A child worker may be covered by Section 12(c) on an individual or enterprise basis. The child is
covered individually if he or she is employed in oppressive child labor and engages in interstate
or foreign commerce (e.g., regularly handles interstate or international mail, completes credit card
transactions, uses the telephone to make interstate or international calls) or produces goods for
interstate or foreign commerce.13
An enterprise is covered by the FLSA child labor provisions—and coverage extends to children
employed in oppressive child labor therein—if it has at least two employees who engage in
interstate or foreign commerce and has “annual sales or business done” of at least $500,000.14
Regardless of the dollar volume of business, the act applies to hospitals; residential institutions
prostitution, forced labor, and hazardous work among other forms—are assessed annually by the U.S. Department of
Labor’s International Labor Affairs Bureau (ILAB), pursuant to the Trade and Development Act of 2000 (P.L. 106200). ILAB reports are available at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings
[https://perma.cc/D6UA-8R9C]. Per the Trafficking Victims Protection Reauthorization Act of 2005 (P.L. 109-164),
ILAB also publishes a list of goods believed to be produced using forced labor or child labor that violates international
standards. This list is available from https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods
[https://perma.cc/LMX3-RZJM]. An executive order signed by President Clinton in 1999 prohibits the procurement by
U.S. federal agencies and their contactors of products produced using forced or indentured child labor. See Executive
Order 13126, “Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor,” 64 Fed. Reg.
32793, June 17, 1999. ILAB maintains a list of such products, organized by country of origin, which is available at
https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products [https://perma.cc/P7UC-CKDF]. In addition,
U.S. businesses operating abroad are generally covered by and must adhere to host countries’ laws, including child
labor laws.
11 29 U.S.C. §203(b).
12 DOL guidance indicates, for example, that “young entrepreneurs who use the family lawnmower to cut their
neighbor’s grass or perform babysitting on a casual basis are not covered under the FLSA.” DOL, Wage and Hour
Division, Child Labor Provisions for Nonagricultural Occupations Under the Fair Labor Standards Act (Child Labor
Bulletin 101), revised November 2016, p.2, https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/
childlabor101.pdf.
13 29 C.F.R. §776.8-9.
14 29 C.F.R. §§779.258-779.259.
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
providing medical or nursing care; schools (including higher education institutions); and federal,
state, and local government agencies.15
Establishment Coverage of the Hot Goods Provision
An establishment is covered by Section 12(a) of the act (i.e., the hot goods provision) if it
produces goods in proximity to (i.e., “in or about”) the employment of oppressive child labor.16
The goods produced are called hot goods and they may not be shipped out of state while the
oppressive child labor is present and for 30 days after the removal of the oppressive child labor.17
An establishment is covered by Section 12(a) even if it is not the employer of the oppressive child
labor and even if the child is not covered by the FLSA provisions on an individual or enterprise
basis.18
Exemptions from the Child Labor Provisions
The FLSA excludes certain occupations and work arrangements entirely from coverage of its
child labor provisions:
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Children with a parental employer. A child who works for a parent or a person
standing in place of a parent (hereinafter “parent”)19 in an occupation other than
manufacturing, mining, or hazardous work may be employed at any age and for
any number of hours.20
Child performers. Children of any age may be employed as actors or performers
in motion pictures or in theatrical, radio, or television productions.21
Newspaper delivery persons. Children of any age may be employed to deliver
newspapers to consumers.22
Evergreen wreath producers (homebased). Children of any age may be
employed as homeworkers to make evergreen wreaths and to harvest forest
products used in making such wreaths.23
The act also relaxes restrictions on oppressive child labor in select occupations or industries—
notably agriculture—by exempting them from the child labor provisions when certain conditions
are met. For example, children who are 14 years old—and in some cases, at any age—may by
15 29 U.S.C. §203(s)(1).
16 See footnote 8 for additional discussion of the phrase “in or about.”
17 See footnote 9 for additional discussion of hot goods.
18 DOL, Field Assistance Bulletin No. 2023-03, August 31, 2023, https://www.dol.gov/sites/
dolgov/files/WHD/fab/2023-3.pdf [https://perma.cc/MG33-H4WD].
19 The phrase “parent or person standing in place of a parent” is defined at 29 C.F.R. §570.126 to include “natural
parents, or any other person, where the relationship between that person and a child is such that the person may be said
to stand in place of a parent. For example, one who takes a child into his home and treats it as a member of his own
family, educating and supporting the child as if it were his own, is generally said to stand to the child in place of a
parent.”
20 This exemption stems from the FLSA definition of “oppressive child labor” at 29 U.S.C. §203(1), which excludes
children employed by their parents in most non-hazardous occupations. DOL regulations at 29 C.F.R. §570.126 clarify
that the “exemption may apply only in those cases where the child is exclusively employed by his parent or a person
standing in his parents’ place.”
21 29 U.S.C. §213(c)(3).
22 29 U.S.C. §213(d).
23 29 U.S.C. §213(d).
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employed in agriculture outside of school hours.24 Congress amended the FLSA to expand the set
of permissible activities for 16- and 17-year-old children working with scrap balers and paper box
compactors, for 17-year-old children to drive cars and trucks, and for children who are at least 14
years old and excused from compulsory schooling to work in establishments that operate powerdriven woodworking machines (but they are not allowed to operate the machines).25
Minimum Age for Employment
The FLSA defines oppressive child labor, generally, as the employment of a child under the age
of 16 years in any occupation and the employment of a child under the age of 18 in an occupation
determined to be hazardous to children by the Secretary of Labor. However, the act includes
several exemptions to the child labor provisions and the oppressive child labor definition that
create a complex set of thresholds that depend on the child’s age, local school hours, the nature of
the work (e.g., occupation, industry, and work environment), parental involvement in the child’s
employment, and other factors. Notably, exemptions from the act’s child labor provisions
discussed below create separate rules governing children’s employment in non-agricultural and
agricultural work.
Employment of Children in Non-Agricultural Work
For non-exempt children, the minimum age for employment in non-agricultural occupations is
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18 years for occupations determined by the Secretary of Labor to be hazardous to
the health and well-being of children (i.e., “hazardous occupations”);
16 years for employment in non-hazardous occupations; and
14 years for a limited set of occupations, with restrictions on hours and work
conditions, as determined by the Secretary of Labor.26
Under federal law, a child under the age of 14 may not be employed unless his or her employment
is explicitly excluded from the definition of oppressive child labor (e.g., a parent is the child’s
sole employer in a non-hazardous occupation) or exempt from the FLSA child labor provisions
(e.g., newspaper delivery).27
Rules Governing the Employment of Children 14 and 15 Years Old
The act directs the Secretary of Labor to establish a list of occupations—other than mining and
manufacturing—that do not constitute oppressive child labor for children who are 14 and 15 years
old, based on the Secretary’s determination that “such employment is confined to periods which
will not interfere with their schooling and to conditions which will not interfere with their health
or well-being.” 28
24 See section “Employment of Children in Agriculture” of this report for a discussion.
25 P.L. 104-174 amended the FLSA to permit 16- and 17-year-old children to load materials into—but not operate or
unload—certain scrap paper balers and paper box compactors, subject to safety and other requirements. P.L. 105-334
prohibits driving on public roads by employees under the age of 17 and provides conditions under which 17-year-old
employees may operate cars or trucks on public roads. P.L. 108-199 amended the FLSA to create a limited exemption
from the child labor provisions for certain children employed by establishments that use woodworking machinery.
26 29 U.S.C. §203(l).
27 29 U.S.C. §203(l) and 29 U.S.C. §213(c).
28 29 U.S.C. §203(l).
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Permitted Work for Children Aged 14 and 15 Years
DOL regulations identify the following set of jobs and activities that—subject to hours-of-work
restrictions—do not constitute oppressive child labor for children aged 14 and 15 years:29
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office and clerical work;
creative work that is intellectual or artistic in nature (e.g., computer
programming, teaching, graphic design);
various sales, retail, and advertising work (e.g., cashier, advertising jobs, marking
prices, assembling orders, packing and shelving);
certain errand and delivery work performed by foot, bicycle, or public transport;
building cleaning (e.g., vacuuming);
maintenance of grounds without the use of power-driven equipment;
limited kitchen work, including the preparation and serving of food and
beverages, cleaning and handling of fruits and vegetables, and cleaning of certain
kitchen equipment;
cooking, with some limitations concerning the equipment used and conditions of
work (e.g., no cooking over an open flame);
loading onto and unloading from motor vehicles of personal items (e.g., lunch
box) and non-power tools (e.g., rake) or protective gear (e.g., work gloves) that
the minor will use as part of his or her employment;
dispensing gasoline and oil;
cleaning cars by hand;
certain work that may involve riding in motor vehicles—subject to restrictions on
activities, industry of work, and working conditions; and,
under limited circumstances, certain youth who are at least 14 years of age and
excused from compulsory schooling may work in an establishment where
machinery is used to process wood products (but may not operate machines).30
A minor who is at least 15 years of age and has received training and certification in aquatics and
water safety by the American Red Cross (or a similar organization) may be employed as a
lifeguard at “traditional swimming pools and water amusement parks.”31
Explicitly Forbidden Work for 14- and 15-Year-Olds
Any job not identified by the Secretary of Labor as permitted for children 14 and 15 years of age
is prohibited. However, recognizing that additional guidance may be helpful in understanding the
limits of the permitted work, DOL regulations also identify explicitly prohibited work for children
14 and 15 years old. For example, these regulations indicate that while office work is permitted
29 Occupations that may be performed by minors 14 and 15 years old are identified at 29 C.F.R. §570.34. Any
occupation not listed is forbidden. See 29 C.F.R. §570.32.
30 Per 29 U.S.C. §213(c)(7), the child must be at least 14 years of age and exempt by statute or judicial order from
compulsory school attendance beyond grade 8. The work must be supervised by an adult relative or an adult who is a
member of the “same religious sect or division” as the child. The child is prohibited from operating or assisting the
operation of the power-driven woodworking machines and must be protected from wood particles, flying debris, and
exposure to excessive levels of noise and saw dust. See related regulations at 29 C.F.R. §570.34 (m).
31 29 C.F.R. §570.34(l)(1).
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for this age group, work that requires use of a ladder is expressly forbidden.32 Consequently, the
employment of a 14-year-old child in an office to stock shelves using a ladder appears to
constitute oppressive child labor and would be prohibited.
Under DOL regulations, children aged 14 and 15 years may not work in any of the following
jobs:33
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manufacturing, mining, or processing occupations;
occupations declared by the Secretary of Labor to be hazardous for the
employment of minors between 16 and 18 years of age or detrimental to their
health or well-being;34
occupations that involve a hoisting apparatus;
work performed in or about boiler or engine rooms, including repair and
maintenance;
occupations that involve any power-driven machinery, including but not limited
to lawn mowers, golf carts, all-terrain vehicles, trimmers, cutters, weed-eaters,
edgers, food slicers, food grinders, food choppers, food processors, food cutters,
and food mixers;
operating motor vehicles, serving as helpers on motor vehicles, and riding in
motor vehicles, with a few exceptions;
outside window washing that involves working from window sills;
all work requiring the use of ladders, scaffolds, or similar equipment;
youth peddling, which entails the sale of goods or services to customers at
locations other than the employer’s establishment, excluding unpaid volunteer
work for charitable organizations or public agencies;
loading and unloading of goods or property onto or from motor vehicles, railroad
cars, or conveyors, with few exceptions;
catching and cooping of poultry for transport or for market;
public messenger service;
occupations connected to the transportation of persons or property;
warehousing and storage occupations;
communications and public utilities occupations; and
construction occupations, with exceptions for some office and sales work.
Work Hours for 14- and 15-Year-Old Children
DOL regulations require that work performed by 14- or 15-year-old children occur outside school
hours when school is in session. Regulations limit the number of hours performed per day and per
week and the time of day when the work may occur.35
32 Office work is permitted at 29 C.F.R. §570.34(a). All work that requires the use of a ladder is prohibited at 29 C.F.R.
§570.33(g).
33 29 C.F.R. §570.33.
34 See Table 1 of this report.
35 Hours standards are published at 29 C.F.R. §570.35(a). School hours are determined by the school district in which
the child resides; see 29 C.F.R. §570.35(b).
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When school is in session, children may perform no more than 3 hours per day on a school day
(including Friday), 8 hours on a non-school day, and 18 hours in one week.36 Otherwise, when
school is not in session, children may perform up to 8 hours per day and 40 hours per week.37
Work hours are confined to 7 a.m. to 7 p.m. except during the summer, when evening hours are
extended to 9 p.m.38
DOL regulations provide some exceptions to the hours-of-work requirements:
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Sports attendants. Children who provide specific sports-attending services at
professional sporting events (e.g., batboys or batgirls) may work any hours so
long as they occur outside of school hours.39
Work-experience and career exploration program participants. Children
participating in certain state-run school-supervised work-experience and career
exploration programs that have been approved by DOL are permitted to work
during school hours up to 3 hours per day on school days. Children in these
programs may work up to 23 hours per week when school is in session. All other
rules regarding work hours apply.40
Work-study program participants. A child enrolled in a DOL-approved workstudy program may work up to 18 hours per week when school is in session. The
child may work one day or two days per week during school hours (depending on
where the child is in the program’s work cycle) for up to 8 hours on that day(s).41
High school graduates and children excused from compulsory schooling.
Children who have graduated high school, been excused from compulsory
schooling by the state for certain reasons, or been expelled from school and not
required to attend an alternate school are exempt from regulations limiting work
hours when school is in session. For this group of children, the limits placed on
hours worked per day and per week when school is not in session (i.e., 8 hours
per day and 40 hours per week) apply at all times during the year.42
Non-Agricultural Hazardous Occupations for Children Aged 16 and 17 Years
The Secretary of Labor has identified 17 groups of occupations as hazardous or detrimental to the
health or well-being of children between the ages of 16 and 18 years (Table 1).43 Employment in
these jobs—formalized in regulations as the Secretary’s “hazardous occupation orders” or
“orders”—is prohibited, with limited exemptions for registered apprentices and student learners.44
In some instances, the orders ban children’s employment in entire industries (e.g., coal mining,
36 29 C.F.R. §570.35(a).
37 Id.
38 Id. There are no similar work hour requirements for children who are 16 years old and older.
39 29 C.F.R. §570.35(c)(2).
40 29 C.F.R. §570.36.
41 The number of workdays per week that may take place during school hours is determined by a formula established in
DOL regulations at 29 C.F.R. §570.37(c).
42 29 C.F.R. §570.35(c)(1).
43 29 C.F.R. §§570.50-570.68. As noted in the “Explicitly Forbidden Work for 14- and 15-Year-Olds” section of this
report, the employment of children ages 14 and 15 years is also forbidden in these occupations.
44 Unlike agricultural hazardous orders (section “Agricultural Hazardous Occupations” of this report), the prohibition
on minors’ employment in the non-agricultural hazardous occupations applies even if the child is employed by a parent.
The conditions under which a registered apprentice or student learner may participate in hazardous occupation tasks are
described at 29 C.F.R. §570.50(b) and (c).
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Order 3) with some exceptions for office, sales, or maintenance work; others prohibit children’s
exposure to certain materials (e.g., radioactive substances, Order 6) or equipment (e.g., powerdriven hoisting apparatus, Order 7).
Table 1. Non-Agricultural Hazardous Occupation Orders
for Children Aged 16 and 17 Years
Hazardous Occupation
Orders
Apprentices
and Student
Learners
Exemptiona
Work Not Specifically Prohibited by the
Order and Exemptionsb
Regulation
Order 1: Occupations in or
about plants or
establishments
manufacturing or storing
explosives or articles
containing explosives
No
Work may be performed in retail
establishments that have ammunition stores
(e.g., sporting goods stores and gun clubs).
Work that does not involve the handling of
explosives may be performed in “nonexplosives areas” that meet regulatory criteria.
29 C.F.R.
§570.51
Order 2: Occupations of
motor-vehicle driver and
outside helper
No
Incidental and occasional driving by licensed 17year-olds during daylight hours on public
roadways is permitted when regulatory criteria
are met.c Children who are at least 16 years old
may operate motor vehicles on private
property other than a mine or a logging,
sawmill, or excavation site unless otherwise
prohibited by law or regulation.
29 C.F.R.
§570.52
Order 3: All occupations in
or about any coal mine
No
Slate or other refuse picking at a picking table
or certain picking chutes, and jobs performed
solely in office, repair shops, or maintenance
shops are permitted.
29 C.F.R.
§570.53
Order 4: Forest fire fighting
and forest fire prevention
occupations, timber tract
occupations, forestry service
occupations, logging
occupations, and
occupations in the operation
of any sawmill, lath mill,
shingle mill, or cooperage
stock mill.
No
Permitted work includes tasks performed in
offices or in repair or maintenance shops; the
construction, operation, repair, or maintenance
of particular buildings or items; certain tasks in
forest fire prevention; tasks performed away
from the forest; the feeding or care of animals;
some work involving peeling of fence posts or
similar products; and specified jobs in the
operation of certain permanent mills.
In addition, youth who are at least 14 years old
and exempt from schooling beyond grade 8 may
work in establishments that operate powerdriven woodworking machines if regulatory
conditions are met. These youth are prohibited,
however, from operating or assisting the
operation of power-driven woodworking
machines.d
29 C.F.R.
§570.54
Order 5: Occupations
involved in the operation of
power-driven woodworking
machines
Yes
Certain support tasks performed in a planing
mill, box factory, or other remanufacturing
department and select occupations related to
veneer manufacturing are permitted.
29 C.F.R.
§570.55
Order 6: Exposure to
radioactive substances and
to ionizing radiations
No
Work is permitted in medical facilities where
exposure to ionizing radiation is less than 0.5
rem per year, and in occupations exposed to
naturally occurring radiation (e.g., in soil or
sunlight).
29 C.F.R.
§570.57
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Hazardous Occupation
Orders
Apprentices
and Student
Learners
Exemptiona
Work Not Specifically Prohibited by the
Order and Exemptionsb
Regulation
Order 7: Occupations
involved in the operation of
power-driven hoisting
apparatus
No
Employees may operate automatic elevators if
certain safety requirements are met. Permitted
work also includes operating grease rack lifts
and similar apparatus used in automotiveserving establishments; amusement park rides
that lack hoisting mechanisms (e.g., water rides
that use conveyer belts); motorized hand
trucks; hanglines (i.e., chain conveyers); and
shopping cart caddies.
29 C.F.R.
§570.58
Order 8: Occupations
involved in the operation of
power-driven metal forming,
punching, and shearing
machines
Yes
Employees may operate or assist in the
operation of a punch press that meets DOL
safety requirements. The order does not apply
to the operation of machine tools (e.g., milling
machines, boring machines).
29 C.F.R.
§570.59
Order 9: Occupations in
connection with mining,
other than coal
No
Employees may work in above-ground, nonmine buildings (e.g., offices, warehouses, repair
shops, living-quarters), perform repair and
support activities that take place outside of
mines or away from mining and hauling activities
(e.g., repair of roads, surveying outside the
mine), and perform select tasks in metal mills
(e.g., operating jigs, hand-sorting at a picking
table, clean-up work).
29 C.F.R.
§570.60
Order 10: Occupations in
the operation of powerdriven meat-processing
machines and occupations
involving slaughtering, meat
and poultry packing,
processing, or rendering.
Yes
Certain tasks in retail establishments, coolers or
chill rooms, specialized meat processing units,
and shipping departments are permitted, as are
occupations that require limited entry to killing
floors (e.g., messengers). The killing and
processing of small game (e.g., rabbits) in areas
physically separated from the killing floor are
permitted. The order does not apply to fish and
seafood processing plants.
29 C.F.R.
§570.61
Order 11: Occupations
involved in the operation of
bakery machines
No
Employees may operate lightweight, small
capacity, portable, countertop mixers (unless
used to process meat or poultry products) and
certain pizza-dough rollers with required
safeguards in place; set-up, adjustment, and
maintenance of such pizza-dough rollers are not
permitted. They may also operate select powerdriven machines used for ingredient preparation
and mixing; product-forming, shaping, and filling;
wrapping; slicing; and pan-washing. Some
cleaning of individual parts of power-driven
machines is permitted.
29 C.F.R.
§570.62
Order 12: Occupations
involved in the operation of
balers, compactors, and
paper-products machines
Yes
Several paper-industry machines are not
covered by this order (e.g., bag-making
machines, envelope machines, waxing or coating
machines). A statutory exemption provides that
16- and 17-year-olds may load materials into,
but not operate or unload, certain scrap paper
balers and paper box compactors, subject to
safety and other requirements.e
29 C.F.R.
§570.63
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Hazardous Occupation
Orders
Apprentices
and Student
Learners
Exemptiona
Work Not Specifically Prohibited by the
Order and Exemptionsb
Regulation
Order 13: Occupations
involved in the manufacture
of bricks, tile, and kindred
products
No
Work is permitted if performed in or about
storage and shipping rooms, offices, and
laboratories of establishments in which clay
construction products are manufactured; in
offices of establishments in which silica brick or
other silica refractories are manufactured; and
in the drying departments of plants
manufacturing sewer pipe.
29 C.F.R.
§570.64
Order 14: Occupations
involved in the operation of
circular saws, band saws,
guillotine shears, chain saws,
reciprocating saws, wood
chippers, and abrasive
cutting discs
Yes
Certain power-driven machines may be used if
equipped with full automatic feed and ejection.
29 C.F.R.
§570.65
Order 15: Occupations
involved in wrecking,
demolition, and shipbreaking
operations
No
None
29 C.F.R.
§570.66
Order 16: Occupations in
roofing operations and on
or about a roof
Yes
None
29 C.F.R.
§570.67
Order 17: Occupations in
excavation operations
Yes
Manual excavation, manual backfilling, or work
in trenches that does not exceed four feet in
depth at any point is permitted. Excavating for
buildings or other structures or working in such
excavations is permitted if certain conditions
are met (e.g., excavation does not exceed four
feet, and side walls are sloped or shored). The
order does not apply to site clearing, surface
grade operations, or dredging and bore-hole
drilling operations.
29 C.F.R.
§570.68
Source: 29 C.F.R. Sections 570.50-570.68 and DOL, Wage and Hour Division, Field Operations Handbook, Rev
665, Chapter 33: Child Labor—FLSA, September 22, 2011, http://www.dol.gov/whd/FOH/FOH_Ch33.pdf.
Notes:
a. Conditions for apprenticeships and student learners are identified at 29 C.F.R. Section 570.50 (b) and (c).
b. This column includes work identified by DOL as “not specifically banned” under an order and work that is
exempt by statute or regulation. It is not a complete cataloguing of permitted work. In addition, work that
is excluded from a particular order is not permitted for minors if it is covered under a separate order. For a
fuller discussion, including information on DOL enforcement decisions, see DOL, Field Operations Handbook.
c. See P.L. 105-334.
d. See P.L. 108-199.
e. See P.L. 104-174.
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Employment of Children in Agriculture
Three exemptions to the FLSA child labor provisions create separate minimum age thresholds
and hazardous occupations rules for children employed in agriculture.45
Minimum Age for Employment in Agriculture
With some exceptions, the minimum age for employment in agricultural occupations is
•
•
•
•
•
16 years for employment in any agricultural job, including those determined to
be hazardous by the Secretary of Labor, with no restrictions on hours of work;
14 years for employment in non-hazardous agricultural jobs outside of school
hours;46
12-13 years for employment in non-hazardous agricultural jobs, outside of school
hours, with the written consent of a parent; written consent is not required if the
work takes place on a farm that also employs the child’s parent;47
10-11 years for employment to hand-harvest select crops for up to eight weeks in
non-hazardous agricultural jobs, outside of school hours, with the written consent
of a parent, providing the employer has obtained a waiver permitting this
employment from the Secretary of Labor;48 and
Any age (up to 12 years), for employment in non-hazardous agricultural jobs,
outside of school hours on certain small farms, with a parent’s written consent.49
A child of any age who is employed exclusively by a parent on a farm owned or operated by the
parent may work without restriction.50
45 These exemptions are codified at 29 U.S.C. §213(c)(1), (2), and (4). The FLSA definition of agriculture includes
“farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the
production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including
commodities defined as agricultural commodities in Section 15(g) of the Agricultural Marketing Act, as amended), the
raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry, or lumbering
operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations,
including preparation for market, delivery to storage or to market or to carriers for transportation to market.” See 29
U.S.C. §203(f).
46 29 U.S.C. §213(c)(1)(C).
47 29 U.S.C. §213(c)(1)(B).
48 The conditions under which the Secretary of Labor will grant a waiver permitting the employment of 10- and 11year-old children to harvest certain crops are described at 29 U.S.C. §213(c)(4) and 29 C.F.R. pt. 575. However, as
DOL noted in 2011, “the Department was enjoined from issuing such waivers in 1980 because of issues involving
exposure, or potential exposure, to pesticides (see Nat’l Ass’n of Farmworkers Orgs. v. Marshall, 628 F.2d 604 (D.C.
Cir. 1980)). Therefore, no waivers have been granted under FLSA section 13(c)(4)” since that time. See Child Labor
Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties—A Proposed
Rule, 76 Fed. Reg. 54836, 54842 (September 2, 2011) (to be codified at 29 C.F.R. pts. 570, 579).
49 29 U.S.C. §213(c)(1)(A) applies to the employment of children on farms that are exempt from FLSA minimum wage
provisions because they employed fewer than 500 “man-days of agricultural labor” during any calendar quarter in the
previous calendar year. FLSA defines a man-day of agricultural labor as “any day during which an employee performs
any agricultural labor for not less than one hour.” See 29 U.S.C. §203(u).
50 29 U.S.C. §213(c)(2) provides that children employed in agriculture by a parent on a farm owned or operated by a
parent are exempt from the statutory prohibition on children’s employment in hazardous agricultural occupations. See
also §33f02(a)(1) for the Field Operations Handbook.
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Hours of Agricultural Employment
With few exceptions, children employed in agriculture may not work during school hours until
they are 16 years old.51 The FLSA does not limit the number of hours per day or week that
children can work in agriculture, nor does it place limits on when that work occurs outside of
school hours (i.e., children may work in agriculture for any number of hours per day or week, and
at any time during the day or night).
Agricultural Hazardous Occupations
With few exceptions, a child below the age of 16 may not be employed in agriculture in an
occupation that is determined by the Secretary of Labor to be particularly hazardous or
detrimental to the health or well-being of children under 16 years old. This prohibition does not
apply to children employed by a parent on a farm owned or operated by the parent.52 When
certain requirements are met, student learners and graduates of tractor or machine operation
programs that meet regulatory criteria may be employed in select hazardous occupations.53 DOL
groups hazardous occupations in agriculture in 11 employment categories that are described in
Table 2.
51 Children who work exclusively for a parent on a farm owned by the parent are excluded from the oppressive child
labor definition and may be employed during school hours. See 29 U.S.C. §203(l) and §33f02(a)(1) of the Field
Operations Handbook. In addition, DOL regulations note that district school hours “do not apply to minors who have
graduated from high school,” and therefore “the entire year would be considered ‘outside of school hours’ [for those
children]” and “their employment in agriculture would be permitted at any time.” Finally, interpretive guidance
provided by DOL indicates that certain children who have been excused from compulsory schooling by their states of
residence on religious grounds and have met other requirements are excused from the FLSA prohibition on work in
agriculture during school hours. See 29 C.F.R. §570.123(b) and DOL, Wage and Hour Division, Child Labor
Requirements in Agricultural Occupations under the Fair Labor Standards Act (Child Labor Bulletin 102), June 2007,
p.4, http://www.dol.gov/whd/regs/compliance/childlabor102.htm.
52 29 U.S.C. §213(c)(2). See Section 33f03 of the Field Operations Handbook for additional information. As part of a
broader effort to revise FLSA regulations in 2011, DOL proposed a new regulation to formalize its interpretation of the
parental exemption to hazardous agricultural employment. The proposed rule would have clarified that children under
age 16 years of age are permitted to work for a parent on a farm owned by such parent at any time to perform any tasks
in agriculture. Youth employed in agriculture by a parent on a farm operated (but not owned) by the parent may
perform hazardous agricultural work only outside of school hours. The same proposed rule announced plans to create
new agricultural hazardous orders (e.g., tobacco production and curing), define the conditions under which the parental
exemption transferred to a close relative with temporary custody of a child, revise the student learner exemption, and
eliminate two exemptions for children who have graduated from certain tractor and farm equipment training courses,
among other revisions. Public comments received in response to this proposed rule revealed considerable opposition. In
response, DOL withdrew the proposed rule and announced that it would not pursue the regulation for the duration of
the Obama Administration. DOL, “Labor Department Statement on Withdrawal of Proposed Rule Dealing with
Children Who Work in Agricultural Vocations,” press release, Apr. 26, 2012, https://www.dol.gov/newsroom/
releases/whd/whd20120426-0 [https://perma.cc/C49J-WLWN].
53 29 C.F.R. §570.72.
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Table 2. Hazardous Occupations for Agriculture
Exemptions
Employment Category
Parental
Employer on
a Farm
Owned or
Operated by Student
the Parenta Learnerb
Qualifying
Tractor- or
MachineOperation
Program
Graduatec
Operating a tractor of over 20 power-take-off horsepower or
connecting or disconnecting an implement or any of its parts to or
from such a tractor.
Yes
Yes
Yes
Operating or assisting to operate any of the following machines: corn
picker, cotton picker, grain combine, hay mower, forage harvester, hay
baler, potato digger, mobile pea viner, feed grinder, crop dryer, forage
blower, auger conveyor, the unloading mechanism of a nongravity-type
self-unloading wagon or trailer, power post-hole digger, power post
driver, or nonwalking type rotary tiller.
Yes
Yes
Yes
Operating or assisting to operate—including starting, stopping,
adjusting, feeding, or any other activity involving physical contact
associated with the operation—any of the following machines:
trencher or earthmoving equipment; fork lift; potato combine; or
power-driven circular, band, or chain saw.
Yes
Yes
No
Working on a farm in a yard, pen, or stall occupied by a bull, boar, or
stud horse maintained for breeding purposes; or sow with suckling
pigs, or cow with newborn calf, with umbilical cord present.
Yes
Yes
No
Felling, bucking, skidding, loading, or unloading timber with butt
diameter of more than six inches.
Yes
Yes
No
Working from a ladder or scaffold (painting, repairing, or building
structures, pruning trees, picking fruit, etc.) at a height of over 20 feet.
Yes
Yes
No
Driving a bus, truck, or automobile when transporting passengers or
riding on a tractor as a passenger or helper.
Yes
No
No
Working inside a fruit, forage, or grain storage designed to retain an
oxygen deficient or toxic atmosphere; an upright silo within two
weeks after silage has been added or when a top unloading device is in
operating position; a manure pit; or a horizontal silo while operating a
tractor for packing purposes.
Yes
No
No
Handling or applying (including cleaning or decontaminating
equipment, disposal or return of empty containers, or serving as a
flagman for aircraft applying) agricultural chemicals classified under the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§135 et
seq.) as Category I of toxicity, identified by the word poison and the
“skull and crossbones” on the label; or Category II of toxicity,
identified by the word warning on the label.
Yes
No
No
Handling or using a blasting agent, including but not limited to
dynamite, black powder, sensitized ammonium nitrate, blasting caps,
and primer cord.
Yes
No
No
Transporting, transferring, or applying anhydrous ammonia.
Yes
No
No
Source: Hazardous agricultural occupations described at 29 C.F.R. §570.71. Exemptions to the ban on children’s
employment in hazardous agricultural occupations are identified at 29 C.F.R. §570.72.
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Notes:
a. Children who work for a parent on a farm owned or operated by a parent are exempt from the prohibition
on children’s employment in hazardous agricultural occupations. See 29 U.S.C. §213(c)(3).
b. Student learner requirements are described at 29 C.F.R. §570.72(a).
c. The requirements of qualifying tractor- and machine-operation training programs are identified at 29 C.F.R.
§570.72(b) and (c).
Administration of Child Labor Provisions
The FLSA authorizes the Secretary of Labor to conduct workplace inspections and investigations
to determine if oppressive child labor is present and to enforce the child labor provisions.54 The
Secretary of Labor has delegated inspection authority to the DOL Wage and Hour Division
(WHD), which oversees enforcement of several federal laws governing workplaces.55
Two remedies are available for violations of the FLSA child labor provisions. The Secretary of
Labor may assess civil money penalties or seek other relief, including injunctive relief.
Civil Money Penalties
FLSA amendments enacted in 1974 added civil money penalties for violations of the act’s child
labor provisions and set a maximum penalty of $1,000 per violation; they have been amended
since then.56 The penalties were last amended in 2008, when they were raised to a maximum of
$11,000 for each employee who was the subject of a child labor violation and a maximum of
$50,000 for each violation that causes the death or serious injury of a minor employee.57 The
amendments also provided that in the case of a violation that causes the death or serious injury of
a child employee, the penalty may be doubled if the violation is a repeated or willful violation.
Since 2016, the FLSA child labor maximum civil money penalties have been adjusted annually,
by regulation, in accordance with the Federal Civil Penalties Inflation Adjustment Act of 2015
(P.L.114-74, §701).58 As of January 16, 2025, employers who violate the FLSA child labor
provisions may be assessed a civil penalty of
•
•
up to $16,035 for each employee who was the subject of a child labor violation,
or
up to $72,876 for each violation that causes the death or serious injury of a minor
employee (such a penalty may be doubled if the violation is a repeated or willful
violation).59
54 29 U.S.C. §212(b) and (d).
55 These include the FLSA, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker
Protection Act, among others. See DOL, Wage and Hour Division, “Major Laws Administered/Enforced,”
http://www.dol.gov/whd/regs/statutes/summary.htm.
56 P.L. 93-259, §25(c).
57 P.L. 110-233, §302. The term serious injury is defined at 29 U.S.C. §216(e)(1)(B) and refers to “the permanent loss
or substantial impairment of one of the senses ... [or] of the function of a bodily member, organ, or mental faculty” or
“permanent paralysis or substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand, or
other body part.”
58 DOL, “Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments,” 81 Fed. Reg.
43430, July 1, 2016, https://www.federalregister.gov/documents/2016/07/01/2016-15378/department-of-labor-federalcivil-penalties-inflation-adjustment-act-catch-up-adjustments.
59 DOL, “Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2025,” 90 Fed. Reg. 1854, Jan. 10,
(continued...)
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Civil penalties collected from employers for child labor violations are deposited in the general
fund of the U.S. Treasury.60 Employers may seek an exception to a civil penalty determination or
may request an administrative hearing within 15 days of receiving a determination of penalty
from WHD; such requests must be made in writing.61
WHD enforcement data for fiscal year 2025 (FY2025) indicate that the agency resolved 976 cases
in which employers were found to have violated FLSA child labor provisions.62 These cases
collectively involved the illegal employment of more than 5,200 minors, with 773 such children
employed in violation of the Secretary’s hazardous occupation orders. Civil money penalties for
child labor violations totaled $37,215,327 in FY2025.
Injunctions and Criminal Penalties
U.S. district courts have jurisdiction to enjoin violations of the FLSA’s child labor provisions.63
For example, a federal court may order an employer to halt employment of a minor in a
hazardous occupation or may enjoin a producer from shipping goods out of state from an
establishment in or about which a child labor violation has occurred.
Criminal penalties are also prescribed for willful violations of the FLSA’s child labor provisions.
Any person who willfully violates these provisions will, upon conviction, be subject to a fine of
not more than $10,000, imprisonment for not more than six months, or both.64 Imprisonment,
however, will be sentenced only if a violator has a prior conviction for willful violation of the
child labor provisions.65
Courts’ Consideration of FLSA Child Labor Provisions
Since the enactment of the FLSA, various courts have resolved cases involving the meaning and
operation of the law’s child labor provisions.
Application of Section 12(a): Shipment of Goods in Commerce
Many of the early cases brought under the child labor provisions considered whether they should
apply when the movement of goods may not have occurred “in commerce” or when the items
created by the employer were arguably not “goods” within the meaning of the provisions.66 These
early cases appear to have focused generally on the application of Section 12(a) of the FLSA.
2025, https://www.federalregister.gov/documents/2025/01/10/2024-31602/federal-civil-penalties-inflation-adjustmentact-annual-adjustments-for-2025. The Federal Civil Penalties Inflation Adjustment Act of 2015 requires the
Department of Labor to adjust the FLSA civil money penalties annually for inflation no later than January 15 of each
year. The act requires penalties to be adjusted by the annual percentage change in the Consumer Price Index for all
Urban Consumers (CPI-U) for the month of October of the prior year. Such data were not produced for October 2025
due to the 2025 lapse in appropriations. As a result, the Department announced on May 27, 2026, that it “is not making
any adjustments to civil money penalties under the Inflation Adjustment Act in 2026.” DOL, “Department of Labor
Federal Civil Penalties Inflation Adjustments Annual Adjustments for 2026,” 91 Fed. Reg. 31358, May 27, 2026.
60 29 U.S.C. §216(e)(5).
61 29 U.S.C. §216(e)(4) and 29 C.F.R. §580.6.
62 DOL, Forging the Future: A Year of Progress Focused on the American Workforce - Child Labor Data,
https://www.dol.gov/agencies/whd/data/charts/child-labor.
63 29 U.S.C. §217.
64 29 U.S.C. §216(a).
65 Id.
66 See, e.g., Tobin v. Grant, 79 F.Supp. 975 (N. D. Cal. 1948).
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The Fair Labor Standards Act (FLSA) Child Labor Provisions
Subsection (c) was not added to Section 12 of the FLSA until 1949.67 Thus, the courts in these
early cases did not address the direct employment of minors, but rather whether an employer was
transporting goods that were produced in proximity to oppressive child labor.
In a 1945 decision, Western Union Telegraph v. Lenroot, the U.S. Supreme Court considered
whether Section 12(a) applied to a telegraph company that employed messengers who were under
the age of 16.68 Lenroot, who served as the DOL’s chief of the Children’s Bureau, maintained that
Western Union violated Section 12(a) by shipping or delivering for shipment in commerce
telegraphic messages that were produced in an establishment where oppressive child labor was
employed.69 Whether the messages were “goods” for purposes of Section 12(a) was one of the
questions considered by the Court.70 While the Court found that the messages “are clearly
‘subjects of commerce’ and hence ... are ‘goods’ under the [FLSA],” it nevertheless concluded
that Western Union was not a producer of these goods.71 The Court maintained that Western
Union simply transmitted the messages and did not handle them in such a way as to make it a
producer of goods.72 The Court also concluded that Western Union did not “ship” the messages in
such a way as to find a violation of Section 12(a). The Court observed: “We do not think that
‘ship’ in this Act applies to intangible messages, which we do not ordinarily speak of as being
‘shipped.’”73
In Tobin v. Grant, another early decision from 1948, a federal district court in California
considered the meaning of the phrase “ship or deliver for shipment in commerce” as it is used in
Section 12(a).74 The employer in Tobin, a manufacturer of books and book covers, employed 22
minors under the age of 16 in processing and manufacturing occupations. Tobin, who served as
Secretary of Labor at the time, alleged a violation of Section 12(a) even when the majority of the
employer’s goods were not shipped interstate.75 Although the employer knew that its customers
would eventually ship the books and book covers for use outside of the state, it maintained that
knowledge of the goods’ ultimate destination was immaterial.76
The court concluded that the employer’s delivery of goods, albeit primarily intrastate, was
prohibited by Section 12(a).77 Citing the FLSA’s legislative history, the court observed:
[T]he words “deliver for shipment in commerce” are sufficiently broad to cover a situation
in which a manufacturer, knowing that the ultimate destination of his goods is in interstate
commerce, sells to a concern which makes the actual shipment. If the Act did not cover
such a transaction, manufacturers could violate the law with impunity by selling goods
within the state of manufacture, regardless of the known interstate market. 78
67 See Fair Labor Standards Amendments of 1949, §10(b), 63 Stat. 910, 917 (1949).
68 Western Union Telegraph v. Lenroot, 323 U.S. 490 (1945).
69 Id. at 501-502.
70 Id. at 502-503.
71 Id.
72 Id. at 504.
73 Id. at 506.
74 79 F.Supp. 975 (N. D. Cal. 1948).
75 Id. at 976-77.
76 Id.
77 Id. at 977-78.
78 Id.
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Application of Section 12(c): Direct Employment of Oppressive Child Labor
More recent cases have examined Section 12(c) of the FLSA and the direct employment of
minors. For example, in McLaughlin v. Stineco, a 1988 decision, a federal district court in Florida
found that a framing contractor violated Section 12(c) by employing minors under the age of 18
years in a hazardous occupation and by employing a minor under the age of 16 years during hours
not permitted by DOL regulations.79 The company employed a 17-year-old and a 15-year-old to
perform roofing work, an occupation that the Secretary of Labor found to be hazardous.80
Regulations promulgated by the Secretary defined all occupations in roofing operations to be
hazardous for the employment of minors between 16 and 18.81 Based on these regulations, the
court further concluded that the employment of individuals between the ages of 14 and 16 years
was also prohibited.82 Ultimately, the court found that the framing contractor violated Section
12(c).
In addition, the court also determined that the framing contractor violated DOL’s child labor
regulations by employing the 15-year-old for more than 40 hours per week.83 The minor indicated
that he worked for three to five weeks, arriving at work between 7:00 and 7:30 a.m., and quitting
between 4:30 and 5:00 p.m., with a lunch break of 30 minutes to one hour.84 Under the agency’s
regulations, a minor between the ages of 14 and 15 years may not work for more than 40 hours in
any one week when school is not in session and not more than 18 hours in any one week when
school is in session.85
In Martin v. Funtime, a 1991 decision, a federal district court in Ohio found that the operator of
three amusement parks in Ohio and New York violated Section 12(c) by employing numerous 14and 15-year-olds beyond the hours prescribed by the Secretary of Labor.86 The minors were
regularly employed for more than 40 hours per week when school was not in session and more
than 18 hours per week when school was in session.87 The minors were also employed before the
start time identified in DOL’s regulations and after the similarly prescribed end time.88
In enjoining the amusement park operator from further violations of Section 12(c), the court
rejected the operator’s argument that it was engaging in serious efforts to reduce the number of
violations and that it was inherently difficult to monitor the hours of all of the minor employees.89
The court maintained that the operator either knew about the violations or could have easily
discovered them because they involved “an impermissible number of hours per week ... and were
obvious from the defendant’s own time records.”90
79 McLaughlin v. Stineco, 697 F.Supp. 436 (M. D. Fla. 1988).
80 Id. at 453.
81 Id.
82 Id. (“Further, because the Secretary has determined that roofing operations are hazardous for the employment of
individuals between sixteen and eighteen, employment of individuals between fourteen and sixteen in that occupation is
also prohibited.”)
83 Id.
84 Id. at 443.
85 Id. at 453 (citing 29 C.F.R. §570.35(a)(2), (a)(3)).
86 Martin v. Funtime, 792 F.Supp. 539 (N. D. Ohio 1991), aff’d, 963 F.2d 110 (6th Cir. 1992).
87 Id. at 541.
88 Id.
89 Id.
90 Id. at 542.
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In affirming the court’s decision in Funtime, the U.S. Court of Appeals for the Sixth Circuit
observed that an employer’s responsibility for child labor violations “approaches strict liability.”91
The court noted, “[A]n employer cannot avoid liability by arguing that its supervisory personnel
were not aware of the violation, or by simply adopting a policy against employing children in
violation of the Act.”
In 2024, however, a federal district court in Alabama denied the Acting Secretary of Labor’s
motion for a temporary restraining order and preliminary injunction on various grounds,
including that the Acting Secretary could not establish a likelihood of success on the merits
because she had not shown that the defendant acted with the requisite scienter (i.e., knowledge of
misconduct).92 In Su v. Mar-Jac Poultry of Alabama, the Acting Secretary alleged that the
defendant employed six minors in oppressive child labor in its poultry processing plant. The court
indicated that the Acting Secretary presented no evidence that the company knowingly employed
any person under the age of 18.93 The company maintained that it “steadfastly adheres” to a
corporate policy of not employing minors, and that the individuals were hired after being
presented with documentation indicating they were over the age of 18.94 The company ran the
documents through E-Verify, a U.S. government employment verification system, which
confirmed their validity.95 According to the court, “[r]ejecting this documentation after
verification by the United States could possibly have exposed Defendant to liability for
discrimination under the Immigration Reform and Control Act of 1987 (IRCA).”96
In evaluating the preliminary injunction, the court in Mar-Jac Poultry also rejected the Acting
Secretary’s argument that the company knew or had reason to know that it was employing minors
based on the individuals’ appearance and mannerisms.97 The court observed that many people
appear younger than their actual age, and the Acting Secretary’s “appearance and mannerisms”
test “would unfairly affect those individuals’ employment opportunities, essentially
discriminating against those individuals on the basis of appearance.”98
In 2025, a federal district court in Pennsylvania enjoined the operation of a Mennonite
rehabilitation program for young men, finding that the program employed oppressive child labor
in violation of the FLSA’s child labor provisions.99 Participants in the program at issue in ChavezDeRemer v. Mennonite Messianic Mission of the Eastern Pennsylvania Mennonite Church ranged
in age from 12 to 20.100 While the program was described as involving therapeutic or vocational
activities, such as gardening, harvesting, tending animals, and building pallets, the court
91 Martin v. Funtime, 963 F.2d 110, 115 (6th Cir. 1992).
92 Su v. Mar-Jac Poultry of Ala., No. 6:24-cv-00569-LSC, 2024 WL 3278954 (N.D. Ala. July 2, 2024).
93 Id. at *3.
94 Id.
95 Id.
96 Id.
97 Id.
98 Id. In 2025, DOL and Mar-Jac Poultry settled the child labor claims, with the poultry company agreeing to pay
$385,000 in civil money penalties and engage in various compliance practices, including mandatory management
training and the hiring of a compliance specialist. See Chavez-Deremer v. Mar-Jac Poultry, No. 6:24-cv-00569-RDP
(N.D. Ala. May 21, 2025).
99 Chavez-DeRemer v. Mennonite Messianic Mission of the E. Pa. Mennonite Church, No. 1:22-cv-01355, 2025 WL
3653555 (M.D. Pa. Dec. 17, 2025), appeal docketed, No. 26-1334 (3d Cir. Feb. 19, 2026).
100 Id. at *7.
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determined that these activities generated products that were sold commercially.101 The court
maintained that the participants should be considered employees subject to the FLSA rather than
trainees or volunteers after evaluating the economic reality of their relationship with the
Mission.102 The court considered whether the participants had an expectation of express or
implied compensation, whether their work was performed for personal purpose or pleasure, and
whether the Mission received an immediate advantage from the participants’ work.103According
to the court, the “undisputed evidence of record” demonstrated that the participants were
employees because they expected implied compensation in the form of food and shelter, they did
not work for their own personal purpose or pleasure, and the Mission received an immediate
advantage from their work, which generated the bulk of its revenue.104
In finding that the Mission employed oppressive child labor and granting summary judgment for
the Secretary of Labor, the court noted that the participants worked four to seven hours a day
during the week, including during school hours and on Saturdays.105 Participants below the age of
14 also worked in the program’s pallet shop, an activity the court recognized as “a clear violation
of 29 C.F.R. § 570.2(a).”106
Legislation in the 119th Congress
Legislation introduced in the 119th Congress would amend the FLSA’s child labor provisions.
While some of these measures aim to further discourage the use of oppressive child labor by
increasing civil monetary penalties or identifying additional activities as oppressive child labor,
other measures would relax existing limits on when minors may work. The Protecting Children
Act, for example, would increase the non-inflation-adjusted civil monetary penalty for child labor
violations from a maximum of $11,000 for each employee who was the subject of a violation to a
maximum of $150,000.107 If the violation caused the death or serious injury of an employee under
the age of 18, the penalty would be increased from a maximum of $50,000 to $700,000.108 The
Children Don’t Belong on Tobacco Farms Act would amend the FLSA’s definition of “oppressive
child labor” to include the employment of “any employee under the age of eighteen years [who]
has direct contact with tobacco plants or dried tobacco leaves.”109
101 Id. at *3; see also *5 (describing the “considerable revenue” generated from the “work” of the minor participants
and “mentors,” individuals who worked with the minor participants in a supervisory capacity).
102 Id. at *16 (noting that “[a]s it pertains to the Minors’ status as employees, the Court is principally guided by the
economic realities test and the expectation of compensation” as described by the Supreme Court in Walling v. Portland
Terminal Co., 330 U.S. 148 (1947), and Tony & Susan Alamo Found. v. Sec’y of Lab., 471 U.S. 290 (1985)). In
Walling, the Court indicated that the FLSA “covers trainees, beginners, apprentices, or learners if they are employed to
work for an employer for compensation.” Walling, 330 U.S. at 151. In Tony & Susan Alamo Found., the Court
maintained that the “test of employment under the [FLSA] is one of ‘economic reality.’” Tony & Susan Alamo Found.,
471 U.S. at 301.
103 Mennonite Messianic Mission, 2025 WL 3653555, at *16.
104 Id. at *16-17.
105 Id. at *3.
106 Id. at *22.
107 H.R. 3997, 119th Cong. §101(a)(1)(C)(i) (2025).
108 Id. at §101(a)(1)(D).
109 S. 1742, 119th Cong. §2(1)(B) (2025); H.R. 3335, 119th Cong. §2(1)(B) (2025).
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Other bills would allow minors to perform work in certain occupations that have been found to be
hazardous by the Secretary of Labor or to work during hours not currently permitted. The Future
Logging Careers Act would allow 16- and 17-year-old individuals to work in logging when the
individual is employed by a parent or person standing in the place of a parent in a logging
operation owned or operated by the parent or person.110 The Teenagers Earning Everyday
Necessary Skills Act would amend the FLSA’s definition of “oppressive child labor” to limit the
Secretary’s authority to determine appropriate work hours for minors.111 Under the bill, the
Secretary would be required to allow a minor to work up to 24 hours in one week when school is
in session, so long as the work hours are confined to 7 a.m. to 9 p.m.
Author Information
Sarah A. Donovan
Specialist in Labor Policy
Jon O. Shimabukuro
Legislative Attorney
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110 S. 509, 119th Cong. §2(2) (2025).
111 H.R. 3545, 119th Cong. §2 (2025).
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