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Wage and Hour Division

Wage and Hour Division (WHD)

 
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Child Labor

Overview

The federal child labor provisions, authorized by the Fair Labor Standards Act (FLSA) of 1938, also known as the child labor laws, were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities. These provisions also provide limited exemptions.

Key News

On October 31, 2011, The U.S. Department of Labor’s Wage and Hour Division has published a notice to extend the comment period on the notice of proposed rulemaking to revise the child labor regulations for young workers employed in agriculture. Because of requests received to extend the period for filing public comments and the Department’s desire to obtain as much information about its proposals as possible, the comment period has been extended to December 1, 2011. Proposed Rule Website.

The U.S. Department of Labor’s Wage and Hour Division has published a notice of proposed rulemaking to revise the child labor regulations issued pursuant to the Fair Labor Standards Act which sets forth the criteria for the employment of minors years of age in agriculture. The Department's proposed revisions include implementing specific recommendations made by the National Institute for Occupational Safety and Health, increasing parity between the agricultural and nonagricultural child labor provisions, and also addressing other areas that can be improved, which were identified by the Department’s own enforcement actions. Interested parties are invited to submit written comments on the proposed rule on or before November 1, 2011 at www.regulations.gov. (September 2, 2011) Proposed Rule Website.

The Department of Labor’s Wage and Hour Division published a Final Rule designed to protect working children from hazards in the workplace while also recognizing the value of safe work to children and their families. The Final Rule contains the most ambitious and far-reaching revisions to the child labor regulations in the last thirty years and marks another step forward in the Department’s ongoing effort to promote positive, safe work experiences for young workers. The provisions of the Final Rule will become effective on July 19, 2010. View a fact sheet on the current rule, hazardous occupations side-by-side comparison of new final rule and current rule, and Reg. 3 side-by-side comparison of new rule and current rule.

General Guidance

  • YouthRules! — Describes the requirements of the child labor laws as they relate to teens, parents, educators and employers.
  • Child Labor Bulletin No. 101 — Describes the occupational requirements for nonagricultural employment.
  • Child Labor Bulletin No. 102 — Describes the occupational and hours limitiations for agricultural employment for minors.
  • State Child Labor Laws — Links to state employment laws which also regulate the employment of young workers.

Fact Sheets

e-Tools

Publications

Interpretive Guidance

Applicable Laws and Regulations

  • Law
    • The FLSA — Establishes the child labor provisions for the employment of young workers.
  • Regulations
    • 29 CFR Part 570 Regulations of the child labor provisions under the FLSA.

Rulemaking Resources

Presentations

Child Labor CMP Assessment Amounts