The U.S. Department of Labor’s Wage and Hour Division produced this self assessment tool to help employers comply with the child labor provisions of the Fair Labor Standards Act (FLSA) and the implementing regulations at 29 CFR 570. These provisions are designed to protect young workers by restricting the types of jobs they perform and the number of hours they work. The U.S. Department of Labor strives to educate teens, parents, educators, and employers on the federal child labor rules in order to promote positive and safe work experiences for young workers. One of our biggest challenges, however, is disseminating the information and identifying potential problems before injuries or, even worse, deaths, occur.
You can use this tool to help evaluate your firm’s level of compliance. You are not required to use this tool, but we believe you will find it helpful in preventing problems and achieving compliance with the federal child labor provisions. Do not send this completed tool to the Department of Labor.
If you answer YES to any questions, you are likely out of compliance.
Do any young workers under the age of 18 do the following?
- If your answer is YES, then you are likely out of compliance. Minors under age 18 may not work where explosives are manufactured or stored. Such minors may, however, work in retail stores selling ammunition, gun shops, and skeet ranges. (HO 1) See: 29 CFR 570.51, and FOH 33h01 (a)(3).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors under 18 generally may not drive any type of motor vehicle or work as an outside helper on public roads or highways. This prohibition extends to the towing of vehicles and the driving of school buses and trucks. There is a limited exception to this provision that permits 17-year-olds to drive an automobile or truck (gross vehicle weight not exceeding 6,000 pounds) for limited periods of time when certain conditions are met. These conditions include that the minors possess a valid license, the driving is only during daylight hours, the driving does not involve urgent time sensitive deliveries such as delivering a pizza to a residence, and the driving is only occasional and incidental to their employment. There are additional requirements that also must be met. (HO 2) See 29 CFR 570.52, Driving Automobiles and Trucks Fact Sheet.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors under 18 may not be employed in occupations in or about any mine. There are limited exceptions for 16- and 17-year olds for the occupation of slate or other refuse picking at a picking table or picking chute in a tipple or breaker and for occupations requiring the performance of duties solely in offices or in repair or maintenance shops located in the surface part of any coal-mining plant. (HOs 3 and 9) See 29 CFR 570.53, 29 CFR 570.60.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors under 18 may not be employed in most occupations in forest fire fighting, forest fire prevention, timber tract management, forestry services, logging, and in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill. These prohibitions include tree planting and tree thinning operations. There are limited exceptions involving the construction and operation of logging camps and fire fighting base camps. In addition, certain forest fire prevention work is permitted when not performed in conjunction with extinguishing an actual fire. (HO 4) See 29 CFR 570.54 and FOH § 33h04. There are also limited exceptions for minors who are at least 14 years old and by statute or judicial order are exempt from compulsory school attendance beyond the eighth grade that permit them to perform some work inside a sawmill. Such youth may not, however, operate or assist in the operation of any power-driven woodworking machines. (HO 4) See 29 CFR 570.54, 29 CFR 570.34(m), and Fact Sheet 55.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors under 18 may not operate, set-up, adjust, repair, oil or clean any power-driven wood-working machines, including chain saws, nailing machines and sanders. They also may not perform any off-bearing activities from circular saws or from guillotine-action veneer clippers or feed (or help feed) materials into the machines. A limited exception applies to 16- and 17-year olds that allows them to place materials on a moving chain or in a hopper or slide for automatic feeding. The regulations also provide a limited exemption for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs. (HO 5) See 29 CFR 570.55.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors under 18 may not be employed in occupations that would expose them to radioactive substances and to ionizing radiations. (HO 6) See 29 CFR 570.57.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors under age 18 may not operate or assist in the operation of an elevator, crane, derrick, hoist, or high-lift truck (except operating an unattended automatic operation passenger elevator) and may not perform any work which involves riding on a manlift, high-lift truck, or on a freight elevator (except a freight elevator operated by an assigned operator). Examples of other power-driven hoisting equipment that such youth may not operate or assist in operating include: forktruck, forklift truck, tiering truck, stacking truck, Bobcat loader, backhoe, front end loader, skid steer loader and skid loader. Prohibited manlifts include scissor lifts, cherry pickers, boom trucks, and work assist platforms. The prohibition includes working as a “spotter” to ensure the equipment is being operated safely. Low-lift trucks or low-lift platform trucks that are designed for transporting, but not for tiering, of material are permitted. (HO 7) See 29 CFR 570.58.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely out of compliance. Minors under 18 may not operate, help operate, set-up, adjust, repair, oil or clean rolling machines, pressing or punching machines, bending machines, hammering machines or shearing machines. There are some exceptions for machine tools. The regulations also provide a limited exemption for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs. (HO 8) See 29 CFR 570.59.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors under age 18 may not set up, operate or assist to operate, clean, oil, adjust, or repair, power driven meat processing equipment. This includes meat slicers, meat grinders, patty forming machines, meat and bone cutting saws, and food processors when used to process meats. This is true even when the machines are used to process products other than meat, such as vegetables or cheese. Although such minors are also prohibited from cleaning or hand washing the disassembled parts of power-driven meat processing machines, they are permitted to run racks containing the disassembled parts through an automatic dishwasher as long as they do not touch the machine parts. The regulations provide a limited exemption for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs. (HO 10) See 29 CFR 570.61, and FOH § 33h10(a)(3).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely out of compliance. Minors under 18 may not set up, operate or assist to operate, clean, oil, adjust or repair power driven bakery machines. This includes horizontal and vertical dough mixers, battermixers, bread dividing, rounding or molding machines, dough brakes, dough sheeters, cookie and cracker machines, and cake cutting bandsaws. A limited exemption is provided for 16- and 17-year-olds who operate (but not set-up, adjust, clean, oil, or repair) certain pizza-dough rollers that have been constructed with safeguards contained in the basic design so as to prevent fingers, hands, or clothing from being caught in the in-running point of the rollers; have gears that are completely enclosed; and have microswitches that disengage the machinery if the backs or sides of the rollers are removed. This exception applies only when all the safeguards detailed in this paragraph are present on the machine, are operational, and have not been overridden. A limited exemption also applies to the operation, including the setting up, adjusting, repairing, oiling and cleaning, of lightweight, small capacity, portable counter-top power-driven food mixers that are, or are comparable to, models intended for household use. For purposes of this exemption, a lightweight, small capacity mixer is one that is not hardwired into the establishment’s power source, is equipped with a motor that operates at no more than ½ horsepower, and is equipped with a bowl with a capacity of no more than five quarts. (HO 11) See 29 CFR 570.62.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely out of compliance. Minors under 18 generally may not load, operate or unload power-driven paper products machines such as compactors and balers used in the disposal of waste; arm-type wire stitcher or stapler; circular or ban saw; die cutting presses; and guillotine paper cutters. 16- and 17-year-olds may load certain scrap paper balers and paper box compactors if the equipment meets certain safety standards, there is a posting to this effect on the machines, the on-off switch of the machine has a key-lock or other type of lock-out system, and the equipment is inoperable while it is being loaded. The regulations also provide a limited exemption for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs. (HO 12) See 29 CFR 570.63, and Fact Sheet 57.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely out of compliance. Minors under 18 may not be employed in most occupations involved in the manufacture of clay construction products and of silica refractory products. (HO 13) See 29 CFR 570.64.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely out of compliance. Minors under 18 may not operate, assist to operate, set-up, adjust, repair, oil or clean circular saws, band saws or guillotine shears, except machines equipped with full automatic feed and ejection. These same minors may not operate, assist to operate, set-up, adjust, repair, oil or clean chain saws, reciprocating saws, wood chippers, or abrasive cutting discs. These prohibitions apply regardless of the materials being processed (wood, concrete, metal, foam rubber, cake, paper, etc.). The regulations also provide a limited exemption for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs. (HO 14) See 29 CFR 570.65.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely out of compliance. Minors under 18 may not be employed in occupations in wrecking, demolition or shipbreaking operations. (HO 15) See 29 CFR 570.66.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely out of compliance. Minors under 18 may not be employed in roofing operations, including work performed on the ground and removal of the old roof, and all work on or about a roof. This prohibition includes any work that would require the youth to be on or near the roof at any time. The regulations provide a limited exemption for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs. (HO 16) See 29 CFR 570.67, and Roofing Fact Sheet.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely out of compliance. Minors under 18 may not be employed in most occupations in trenching and excavation work, including working in a trench more than four feet deep. The regulations provide a limited exemption for apprentices and student-learners who are at least 16 years of age and enrolled in approved programs. (HO 17) See 29 CFR 570.68.
- If your answer is NO, then you are likely in compliance.
With regard to any young employee under the age of 16, do any of them:
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not work during school hours. School hours are determined by the local public school in the area where the minor is residing while so employed, even if the minor does not attend the public school (i.e., attends a private school or is home schooled). Such minors may be employed outside of school hours with certain limitations. The term outside school hours means such periods as before and after school hours, holidays, summer vacations, Sundays, or any other day or part of a day when the public school district where the minor reside while employed is not in session. See 29 CFR 570.35.
- If your answer is NO, then you ae likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not be employed before 7:00 a.m. on any day. See 29 CFR 570.35.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not be employed past 7:00 p.m. from the day after Labor Day through May 31. This applies even if there is not school the next day, such as Friday or Saturday night, as well as in weeks when school is not in session such as during spring break. These same minors may not work past 9:00 p.m. between June 1 and Labor Day. See 29 CFR 570.35.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not be employed past 9:00 p.m. between June 1 and Labor Day. They may not work past 7:00 p.m. between the day after Labor Day and May 31. See 29 CFR 570.35.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not work more than 3 hours on a school day, including Fridays. This prohibition applies even if there is not school the next day. See 29 CFR 570.35.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may work up to 8 hours a day on Saturdays and Sundays and on other days when school is not in session, as long as they do not exceed the maximum permissible hours in any workweek. They may work up to 18 hours in any week school is in session and up to 40 hours in any week school does not meet. See 29 CFR 570.35.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not work more than 18 hours a week when school is in session. For these purposes, school is in session in any week in which school meets, even if it meets for a part of a day or a portion of the week. School hours and school weeks are determined by the local public school where the minor would attend if he or she attended public school. See 29 CFR 570.35.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not work more than 40 hours in a week when school is not in session. They may not work more than 18 hours in a week when school meets. For these purposes, school is in session in any week in which school meets, even if it meets for a part of a day or a portion of the week. School hours and school weeks are determined by the local public school where the minor would attend if he or she attended public school. See 29 CFR 570.35.
- If your answer is NO, then you are likely not in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not be employed in public messenger service. See 29 CFR 570.33(m).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not operate most power-driven machinery, including lawnmowers, trimmers, and “weed-whackers”. These minors may operate office machinery, vacuum cleaners, floor waxers, and machines and devices used in connection with preparing and serving food and beverages, such as dishwashers, toasters, popcorn poppers, milk shake blenders, coffee grinders and microwave ovens that do not have the capacity to warm above 140°F. See 29 CFR 570.33(e), 29 CFR 570.34(h), 29 CFR 570.34(i).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14 and 15-years old may not be employed in transportation occupations. A limited exception would apply for office or sales work when not performed on transportation media. See 29 CFR 570.33(n).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. The child labor rules allow 14- and 15-year-olds to ride inside the passenger compartment of a motor vehicle, but not when a significant reason for the minor being a passenger in the vehicle is for the purpose of performing work in connection with the transporting of, or assisting in the transporting of, other persons or property. As the transporting of, or assisting in the transporting of, other persons or property need only be a significant reason for the minor being in the vehicle and not the primary reason, permissible trips are fairly limited. When such youth are permitted to ride in the passenger compartment, each youth must have his or her own seat in the passenger compartment; each seat must be equipped with a seat belt or similar restraining device, and the employer must advise each passenger that such seat belts or devises are to be used. 14- and 15-year-olds may never be employed as helpers on motor vehicles. See 29 CFR 570.33(f), 29 CFR 570.34(o).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, you are likely not in compliance. Minors 14- and 15-years old may not be employed in warehousing and storage occupations. A limited exception would apply for office or sales work. See 29 CFR 570.33(n).
- If your answer is NO, you are likely in compliance.
- If your answer is YES, you are likely not in compliance. Minors 14- and 15-years old may not be employed in communications and public utilities occupations. A limited exception would apply for office or sales work. See 29 CFR 570.33(n).
- If your answer is NO, you are likely in compliance.
- If your answer is YES, you are likely not in compliance. Minors 14- and 15-years old may not be employed in any construction activities or on a construction site. A limited exception would apply for office or sales work when not performed at the actual construction site. See 29 CFR 570.33(n).
- If your answer is NO, you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. 14- and 15-year-olds may not be employed in youth peddling or door-to-door sales. Prohibited activities include not only the attempt to make a sale, but also the actual consummation of the sale, all preparatory and concluding tasks normally performed by a youth peddler in conjunction with his or her sales such as the loading and unloading of vehicles, the stocking and restocking of sales kits and trays, the exchanging of cash and checks with the employer, and the transportation of minors to and from the various sales areas by the employer. Youth peddling does not include the activities of persons who, as volunteers and without compensation, sell goods for services on behalf of eleemosynary organizations and public agencies, including their school. Prohibited youth peddling includes the promotion of particular products, services, or events by such things as wearing costumes, placards, or holding signs while outside (in or on such areas as sidewalks, median strips, or parks). Such youth peddling is not prohibited if performed directly in front of the employer’s establishment that is providing the product, services, or event. See 29 CFR 570.33; Fact Sheet #75.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. 14- and 15-year-olds may clean, maintain (including the changing, cleaning, and disposing of oil or grease and oil or grease filters) and repair cooking devices (other than power-driven equipment) when the surfaces of the equipment or liquids do not exceed a temperature of 100°F. All minors under 18 years of age are prohibited from operating and cleaning power-driven meat processing equipment and bakery equipment. See 29 CFR 570.34(i), and Cooking and Baking Fact Sheet.
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. The Department has long taken the position that 14- and 15-year-olds may not be employed to catch and coop poultry in preparation for transportation or for market because it is a “processing” occupation prohibited by 29 CFR 570.33(a). Such employees are often referred to as “chicken catchers or poultry catchers.” The risks associated with poultry catching also occur in the catching and cooping of poultry other than “chickens” for example, processors of turkeys and Cornish game hens employ similar methods of moving their products to slaughter and accordingly, the catching or cooping of such other fowl is also prohibited. See 29 CFR 570.33(l).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minor 14- and 15-years old may not perform work involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring. See 29 CFR 570.33(c), 29 CFR 570.33(e), 29 CFR 570.34(n).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old are prohibited from working in freezers and meat coolers. This includes duties such as taking inventory or performing cleanup work which would require them to enter and remain in coolers or freezers for prolonged durations. These minors may enter momentarily freezers but not meat coolers to retrieve items. See 29 CFR 570.33(i), 29 CFR570.34(j), FOH § 33c13(c).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not perform any work in preparation of meats for sale except for wrapping, sealing, labeling, weighing, pricing and stocking in areas separate from where the meat is prepared. They may not perform any work in a meat cooler. See 29 CFR 570.33(i), 29 CFR 570.34(j).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not perform any work in or about boiler or engine rooms. See 29 CFR 570.33(d).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not perform any work in connection with maintenance or repair of the establishment, machines or equipment. See 29 CFR 570.33(d).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not perform work requiring the use of ladders, scaffolds, or their substitutes. See 29 CFR 570.33(g).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. Minors 14- and 15-years old may not perform outside window washing that involves working from sills, ladders, or scaffolds. See 29 CFR 570.33(g).
- If your answer is NO, then you are likely in compliance.
- If your answer is YES, then you are likely not in compliance. 14- and 15-year-olds may perform only that cooking that (1) involves the use of electric and gas grills that do not entail cooking over an open flame and (2) involves the use of deep fat fryers which are equipped with and utilize devices which automatically raise and lower the “baskets” but not pressurized fryers. See 29 CFR 570.33(c), 29 CFR 570.34(c), and Cooking and Baking Fact Sheet.
- If your answer is NO, then you are likely in compliance.
- If you answered YES, then you are likely not in compliance. Minors under 16 years of age are prohibited from performing any baking duties. Prohibited baking duties include the weighing, mixing and assembling of ingredients and the operation of pizza ovens and convection ovens. The use of warming devices to maintain the heat of cooked food is permitted. See 29 CFR 570.33(h), 29 CFR 570.34(i), and Cooking and Baking Fact Sheet.
- If you answered NO, then you are likely in compliance.
- If you answered YES, you are likely not in compliance. Minors 14- and 15-years old may not load or unload goods to and from conveyors, trucks, railroad cars or tanks, trucks, boats, planes, or other mean of transportation. See 29 CFR 570.33(k). Such minors may load onto motor vehicles and unload from motor vehicles the light, non-power-driven, hand tools and personal protective equipment that the minor will use as par of his or her employment at the work site, and the personal items such as a back pack, a lunch box, or a coat that the minor is permitted to take to the work site. See 29 CFR 570.34(k).
- If you answered NO, you are likely in compliance.
- If you answered YES, then you are likely out of compliance. Minors 14- and 15-years old may not perform any work in a warehouse, but they may perform office and clerical work in the office of a warehouse. See 29 CFR 570.33(n).
- If you answered NO, then you are likely in compliance.
- If you answered YES, then you are likely out of compliance. Minors 14- and 15-years old may not perform work involving the operating, tending, setting up, adjusting, cleaning, oiling, or repairing of hoisting equipment. Such equipment includes forklifts, scissor lifts, patient lifts, cranes, and freight elevators. See 29 CFR 570.33(c).
- If you answered NO, you are likely in compliance.
- If you answered YES, then you are likely out of compliance. 15-year-olds, but not youth less than 15 years of age, may be employed as lifeguards and swimming instructors at traditional swimming pools, and most facilities of water amusement parks (except at the top of elevated water slides) when certain conditions are met. The 15-year-old lifeguard must be trained and certified by the American Red Cross, or a similar certifying organization, in aquatics and water safety. The lifeguard must also be certified as an instructor if he or she participates in swimming instruction. Such youth must be employed in compliance with all the other applicable provisions of the federal child labor rules contained in Child Labor Regulations No. 3, including the restrictions on the hours and times of day that 15-year-olds may be employed. However, youth under 16 years of age may not be employed as lifeguards at natural environment facilities such as rivers, streams, lakes, ponds, quarries, reservoirs, wharfs, piers, or ocean-side beaches. See 29 CFR 570.34(l) and Lifeguard Fact Sheet.
- If you answered NO, then you are likely in compliance.
- If you answered YES, then you are likely not in compliance. Minors 14- and 15-year olds may not be employed in any manufacturing or processing occupation. They are prohibited from working in or about any plant or processing establishment, or in any workroom or workplace where goods are manufactured, processed, or where explosives or articles containing explosive components are stored. See 29 CFR 570.33(a).
- If you answered NO, then you are likely in compliance.
- If you answered YES, you are likely not in compliance. Minors 13 years of age and younger are generally too young for employment under the federal child labor provisions. Permissible employment for such minors is limited to exempt work such as delivering newspapers, performing casual babysitting, acting, performing minor chores around private homes, and working for a parent who is the sole owner of a business (in occupations other than mining, manufacturing, or anything prohibited by a hazardous occupation). See 29 CFR 570.2 .
- If you answered NO, then you are likely in compliance.
- If you answered YES, then you are likely not in compliance. Employers are required to maintain and preserve certain records, including the date of birth for all employees who are less than 19 years of age. See 29 CFR 516.2(a)(3). Employers may protect themselves from unintentional violation of the child labor provisions by keeping on file an employment or age certificate for each minor employed to show that the minor is the minimum age for the job. Although the Wage and Hour Division no longer issues age certificates, certificates issued under most state laws are acceptable for purposes of the FLSA.
- If you answered NO, then you are likely in compliance.
This self-assessment tool is provided for your convenience.