U.S. Department of Labor
Wage and Hour Division
WH1295
(Revised 11/16)
Child Labor Bulletin 102
Child Labor Requirements in
Agricultural Occupations Under
the Fair Labor Standards Act
The Department of Labor provides this information and related materials as a public service. This bulletin
contains general information, and does not carry the force of law or legal opinion. The information was current
as of the date of publication, however we make no express or implied guarantee. The Federal Register and the
Code of Federal Regulations remain the ofcial sources for statutory and regulatory information.
Material contained in this publication is in the public domain and may be reproduced in full or in part without
permission from the Federal Government. Source credit is requested but not required.
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www.dol.gov/whd
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Federal Child Labor Laws
The federal child labor provisions, authorized by the Fair Labor Standards Act (FLSA) of 1938, were
enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-
being or educational opportunities.
By knowing, understanding, and complying with these provisions, agricultural employers, parents, and
teachers can help working teens enjoy those safe, positive, early work experiences that can be so important
to their development.
Child Labor Bulletin No. 102
This booklet is a guide to the provisions of the FLSA (also known as the “Wage-Hour Law”) that apply
to minors employed in agricultural occupations. In addition to child labor provisions, the FLSA contains
provisions on and minimum wage, overtime, and recordkeeping.
See Child Labor Bulletin No. 101 (WH1330) for information regarding the employment of minors in
nonagricultural occupations.
Other Child Labor Laws
Other federal and state laws may have higher standards. When these apply, the more stringent standard must
be observed. All states have child labor laws and compulsory school attendance laws, and also establish the
minimum ages and conditions under which youths may operate motor vehicles.
Unless otherwise exempt, a covered minor employee is entitled to receive the same minimum wage,
overtime, occupational safety and health, and non-discrimination protections as adult workers.
Contents
Federal Child Labor Laws 1
Child Labor Bulletin No. 102 1
Other Child Labor Laws 1
Coverage of the Federal Child Labor Provisions 2
Parental Exemption from the Agricultural Provisions of the FLSA 2
Minimum Age Standards for Agricultural Employment 3
Wage Payments to Young Workers on Farms 3
School Hours and Employment in Agriculture 4
The Hazardous Occupations Orders for Agricultural Employment 4
Exemptions from Hazardous Occupations Order in Agriculture 5
Student-Learners 5
4-H Federal Extension Service Training Program 6
Vocational Agriculture Training Program 7
Age Certicates 7
Recordkeeping for Employment of Minors in Agriculture 7
Enforcement of the Federal Child Labor Provisions 7
Penalties for Violation 8
Additional Information 9
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Coverage of the Federal Child Labor Provisions
The FLSA establishes minimum ages for covered employment in agriculture unless a specic exemption
applies. Employees of farms are subject to FLSA’s child labor provisions if they are individually engaged in
interstate commerce or in the production of goods for interstate commerce. An employee shall be deemed to
have been engaged in the production of goods if such employee was employed in producing, manufacturing,
mining, handling, transporting, or in any other manner working on such goods, or in any closely related
process or occupation directly essential to the production thereof. In addition, all employees of a farm are
covered under the FLSA on an enterprise basis if the annual gross volume of sales made or business done
by the enterprise that owns the farm is not less than $500,000 (exclusive of excise taxes at the retail level
that are separately stated) and the enterprise employs workers engaged in commerce, or the production of
goods for commerce, or who handle goods that have moved in commerce. Such covered employees include
workers employed directly by the farmer, or by a covered contractor hired by the farmer, who:
• cultivate the soil or grow or harvest crops
• raise livestock, bees, fur-bearing animals, or poultry
• perform work which is incidental to the farming operations of that farm (such as threshing grain grown
on that farm)
• work off the farm as employees of the farmer performing work which is incidental to the farming
operations of that farm (such as delivering produce to market by truck)
Migrant and seasonal agricultural employees, regardless of their age and whether hired directly by the
farmer or provided by a farm labor contractor–when covered by the FLSA–are entitled to the same
protections as other farm workers. Both the farmer and the farm labor contractor may be jointly responsible
for compliance with the minimum wage and child labor provisions of the FLSA.
Some farm employees may not be performing agricultural work, but may still be subject to the provisions
of the FLSA. Please check Child Labor Bulletin 101, Child Labor Requirements in Nonagricultural
Occupations under the Fair Labor Standards Act (WH1330), for additional information.
Young entrepreneurs who cut their neighbor’s lawn or perform babysitting on a casual basis for farmers are
not covered under the FLSA.
For more information regarding the coverage of farms under FLSA, see Fact Sheet 12, Agricultural
Employers under the Fair Labor Standards Act (FLSA), at www.dol.gov/whd/regs/compliance/whdfs12.htm
The Federal Child Labor Provisions in Agriculture Do Not:
• require minors to obtain “working papers” or “work permits” (although some state laws do)
• limit the number of hours or times of day, other than outside of school hours, that young farm workers
may legally work (although some state laws do)
Check with the applicable State Department of Labor for guidance concerning state laws. A list of these
ofces can be found on our Youth Rules website at www.youthrules.gov
Parental Exemption from the Agricultural Provisions of the FLSA
A child of any age may be employed by his or her parent or person standing in place of the parent at any
time in any occupation on a farm owned or operated by that parent or person standing in place of that parent.
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Minimum Age Standards for Agricultural Employment
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Minors who are at least 16 years of age may perform any farm job, including agricultural
occupations declared hazardous by the Secretary of Labor, at any time, including during
school hours.
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Minimum age for employment outside of school hours in any agricultural occupation
except those declared hazardous by the Secretary of Labor.
12 or 13
May be employed outside of school hours with written parental consent or on a farm where
the minor’s parent or person standing in place of the parents is also employed.
Under 12
May be employed outside of school hours with parental consent on a farm where
employees are exempt from the federal minimum wage provisions.
These requirements are published in Section 570.2(b) of Part 570 of Title 29 of the Code of Federal Regulations
Although Section 13(c)(4) of the FLSA contains provisions allowing the Secretary of Labor to consider
granting requests for waivers from employers that would permit local minors 10 and 11 years of age to be
employed outside of school hours in the hand harvesting of crops under certain conditions, the Department
has been enjoined from issuing such waivers (see National Association of Farmworkers Organizations v.
Marshall, 628 F.2d 604 [D.C. Cir. 1980]).
Wage Payments to Young Workers on Farms
Minimum Wage
Covered minor employees must be paid at least the statutory minimum wage for all hours worked unless
otherwise exempt or employed under conditions discussed below. The minor’s pay may be computed on the
basis of an hourly rate, a piece rate, a day rate, a salary, or any combination thereof – but the minor’s hourly
earnings must average at least the applicable minimum wage.
Employees under 20 years of age may be paid $4.25 per hour during their rst consecutive 90 calendar days
of employment with an employer. Certain full-time students, student learners, apprentices and workers with
disabilities may be paid less than the minimum wage under special certicates issued by the Department of
Labor.
Under Section 13(a)(6)(A) of the FLSA, any employer in agriculture who did not utilize more than 500
“man days” of agricultural labor in any calendar quarter of the preceding calendar year is exempt from the
minimum wage and overtime pay provisions of the FLSA for the current calendar year. A “man day” is
dened as any day during which an employee performs agricultural work for at least one hour.
Overtime
Agricultural employees are not subject to the overtime provisions of the FLSA [see Section 13(b)(12)].
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School Hours and Employment in Agriculture
Minors under the age of 16 may not be employed during school hours unless employed by their parent or a
person standing in place of their parent. The term school hours is dened as those set by the ofcial calendar
of the school district in which a minor is living while employed in agriculture. No exception may be made
for the early release of individual children or any class or grade to work in agriculture. Work before or after
school hours, during weekends, or on other days that the school does not assemble is considered outside
school hours.
For example, if the school is in session from 9:00 a.m. until 3:00 p.m. in the school district where the minor
is living while working on a farm, the minor may work only before 9:00 a.m. or after 3:00 p.m. on school
days.
The requirement that minors be employed outside the school hours of the public school district in which the
minor is living while employed in agriculture applies even if that minor does not attend public school. These
hours apply when the minor attends a private or parochial school, is home schooled, or has completed his or
her formal education.
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A crew leader who takes young migrant workers to an area where schools are open may not allow minors
under 16 to work during the hours school is in session in the school district where the farm work is being
done. Seasonal agricultural workers who return to their residences at the end of the day are governed by the
hours of the school district in which they reside when performing the work.
These provisions are discussed in Regulations, 29 CFR Part 570.123
The Hazardous Occupations Orders for Agricultural Employment (HO/As)
The FLSA provides a minimum age of 16 years for any agricultural occupations which the Secretary of
Labor nds and declares to be particularly hazardous for persons under the age of 16, or detrimental to their
health and well-being. The Secretary of Labor has found and declared that the following occupations are
hazardous for minors under 16 years of age.
1. Operating a tractor of over 20 power-take-off (PTO) horsepower, or connecting or disconnecting an
implement or any of its parts to or from such a tractor.
2. 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:
a. corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato
digger,mobile pea viner;
b. feed grinder, crop dryer, forage blower, auger conveyer, or the unloading mechanism of a
nongravity-type self-unloading wagon or trailer; or
c. power post hole diggers, power post driver, or nonwalking type rotary tiller.
3. 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:
a. trencher or earthmoving equipment;
b. forklift;
1 Minors are exempted from this provision and may work during school hours if (1) they have been excused from compulsory school
attendance by the state or other jurisdiction on religious grounds once they have reached a certain age (at least 14) and/or attained a certain grade
level, and (2) they are employed in compliance with all the requirements of the state school attendance law.
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c. potato combine; or
d. power-driven circular, band, or chain saw.
4. Working on a farm in a yard, pen, or stall occupied by a:
a. bull, boar, or stud horse maintained for breeding purposes;
b. a sow with suckling pigs, or a cow with a newborn calf (with umbilical cord present).
5. Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than 6 inches.
6. Working from a ladder or scaffold (painting, repairing, or building structures, pruning trees, picking
fruit, etc.) at a height of over 20 feet.
7. Driving a bus, truck, or automobile when transporting passengers or riding on a tractor as a passenger or
helper.
8. Working inside:
a. a fruit, forage, or grain storage designed to retain an oxygen decient or toxic atmosphere;
b. an upright silo within 2 weeks after silage has been added or when a top unloading device is in
operating position;
c. a manure pit; or
d. a horizontal silo while operating a tractor for packing purposes.
9. Handling or applying toxic agricultural chemicals (including cleaning or decontaminating equipment,
disposal or return of empty containers, or serving as a agman for aircraft applying such chemicals).
Such toxic chemicals are identied by the word “poison,” or “warning,” or are identied by a “skull and
crossbones” on the label.
10. Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized
ammonium nitrate, blasting caps, and primer cord; or
11. Transporting, transferring, or applying anhydrous ammonia.
These Orders are published in Subpart E-1 of Part 570 of Title 29 of the Code of Federal Regulations.
Exemptions from Hazardous Occupations Orders (HO/As) in Agriculture
These prohibitions on employment in hazardous occupations in agriculture do not apply to youths employed
on farms owned or operated by their parents. In addition, the following limited exemptions from these
prohibitions apply:
Student-Learners
Student-learners in a bona de vocational agricultural program may work in the occupations listed in
paragraphs one through six of the hazardous occupations orders in agriculture under a written agreement
which provides all of the following conditions:
1. The student-learner is enrolled in a course of study and training in a vocational education training
program in agriculture under a recognized state or local educational authority or in a substantially
similar program conducted by a private school.
2. Such student-learner is employed under a written agreement that provides:
a. that the work of the student-learner is incidental to the training;
b. that such work shall be intermittent,for short periods of time, and under the direct and close
supervision of a qualied and experienced person;
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c. that safety instruction shall be given by the school and correlated by the employer with on-the-job
training; and
d. that a schedule of organized and progressive work processes to be performed on the job shall have
been prepared.
3. Each such written agreement shall contain the name of the student-learner,and shall be signed by the
employer and by a person authorized to represent the educational authority or school.
4. Copies of each agreement shall be kept on le by both the employer and either the educational authority
or the school.
This exemption for the employment of student-learners may be revoked in any individual situation if it is
found that reasonable precautions have not been observed for the safety of minors employed thereunder.
Although the regulations do not provide denitions of the terms intermittent and short periods of time,
the Wage and Hour Division interprets those terms to mean that a student-learner may not be the principal
operator of prohibited machinery. The minor must work under the close supervision of a fully qualied and
experienced adult, such as a journeyman. Further, the duties assigned the minor may not be such that he
or she is constantly operating the prohibited machinery during the work shift, but only doing so as part of
the training experience. This would preclude a student-learner from being a production worker, responsible
for spending a signicant portion of the workday operating prohibited machinery or performing prohibited
tasks. The Wage and Hour Division considers the continuous performance of otherwise prohibited work that
exceeds one hour a day to be more than intermittent and more than for short periods of time. The Wage and
Hour Division also considers the performance of otherwise prohibited work which totals more than 20% of
the student-learner’s work shift to be more than for short periods of time.
The regulations do not dene the term direct and close supervision. The Wage and Hour Division’s
interpretation of direct and close supervision as it applies to student-learners is based on guidance pertaining
to apprentices received from the Bureau of Apprenticeship and Training (BAT) which is part of the U. S.
Department of Labor’s Employment and Training Administration. BAT establishes ratios governing the
number of journeymen and apprentices that may be employed on the job site in order to ensure worker
safety and that the apprentices receive both proper training and supervision. BAT has advised the Wage and
Hour Division that the most widely used ratio is one apprentice for the rst journeyman on-site, and one
apprentice for every three additional journeymen thereafter. The Wage and Hour Division considers the
requirement of direct and close supervision to be met when there is one experienced adult working with the
rst student-learner on-site, and at least three experienced adults working alongside each additional student-
learner. Of course, the requirement for direct and close supervision applies only during the periods when the
student-learner is actually performing work that would otherwise be prohibited by the HO/A.
The requirements regarding Student-Learners are published in Section 570.72(a), 29 CFR Part 570.
4-H Federal Extension Service Training Program
Fourteen- and 15-year-old minors who hold certicates of completion of either the tractor operation or
machine operation training program under 4-H may work outside school hours in the occupations for which
they have been trained. Occupations for which these certicates are valid are covered by items 1 and 2 of
the Hazardous Occupations Orders in Agriculture listed on page 4 of this publication. Farmers employing
minors who have completed these programs must keep a copy of the certicates of completion on le with
the minor’s records.
These requirements are published in Section 570.72(b) of Part 570 of Title 29 of the Code of Federal Regulations.
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Vocational Agriculture Training Program
Fourteen and 15-year-old minors who hold certicates of completion of either the tractor operation or
machine operation program of the U.S. Ofce of Education Vocational Agriculture Training Program may
work in the occupations for which they have been trained. Occupations for which these certicates are
valid are covered by items 1 and 2 of the Hazardous Occupations Order in Agriculture listed on page 4 of
this publication. Farmers employing minors who have completed these programs must keep a copy of the
certicates of completion on le with the minor’s records.
These requirements are published in Section 570.72(c) of Part 570 of Title 29 of the Code of Federal Regulations.
Age Certicates
Employers may protect themselves from unintentional violation of the child labor provisions by keeping on
le an employment or age certicate for each minor employed to show that the minor is the minimum age
for the job. Certicates issued under most State laws are acceptable for purposes of the FLSA.
These requirements are published in Subpart B of Part 570 of Title 29 of the Code of Federal Regulations, Certicates of Age.
Recordkeeping for Employment of Minors in Agriculture
Every employer of a minor under 18 years of age in agriculture shall maintain and preserve records
containing the following information:
• Name in full.
• Place where the minor lives while employed. If the minor’s permanent address is elsewhere, both
addresses should be recorded (this is required for minor farmworkers—other than those employed by a
parent or person standing in place of a parent—who are employed on days when school is in session or
on any day when employed in an occupation found to be hazardous by the Secretary of Labor).
• Date of birth.
• The written consent of the parent or persons standing in place of the parent of the minor, if written
consent is required to employ the minor on a farm.
Additional records may be required by Regulations, 29 CFR Part 516.2.
The FLSA does not require that a parent or person standing in the place of a parent employing his or her
own children on a farm owned or operated by such a parent or person maintain records concerning the
employment of his or her own children.
These requirements are published in Sections 516.2 and 516.33 of Part 516 of
Title 29 of the Code of Federal Regulations, Records to be Kept by Employers.
Enforcement of the Federal Child Labor Provisions
The Department of Labor’s Wage and Hour Division administers and enforces the child labor, minimum
wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act. The Wage and Hour
Division also has enforcement responsibility for programs covering such things as prevailing wages for
government contracts, the payment of special minimum wages, farm labor, family and medical leave,
immigration, and polygraph testing. The FLSA authorizes Wage and Hour Division Investigators to conduct
investigations and gather data on wages, hours of work, and compliance with the child labor provisions.
These requirements are published in Sec. 11 of the Fair Labor Standards Act (29 U.S.C. §211)
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Penalties for Violation
Civil Money Penalties
Employers who violate the child labor provisions of the FLSA may be subject to civil money penalties.
For current penalty amounts, see www.dol.gov/whd/sa/index.htm#cmp. When a child labor civil money
penalty is assessed against an employer, the employer has the right, within 15 days after receipt of the notice
of such penalty, to le an exception to the determination that the violation or violations of the child labor
provisions occurred. When such an exception is led with the ofce making the assessment, the matter
is referred to the Chief Administrative Law Judge, and a formal hearing is scheduled. At such a hearing,
the employer may, or an attorney retained by the employer may, present such witnesses, introduce such
evidence, and establish such facts as the employer believes will support the exception. The determination
of the amount of any civil money penalty becomes nal if no exception administrative assessment thereof.
If an exception is properly and timely led, then the decision of the Administrative Law Judge, or the
Department of Labor’s Administrative Review Board when applicable, becomes the nal order.
These requirements are published in Part 579 of Title 29 of the Code of Federal Regulations, Child Labor Violations, Civil Money Penalties; and
in Part 580 of Title 29 of the Code of Federal Regulations, Civil Money Penalties-Procedures for Assessing and Contesting Penalties.
Hot Goods Injunction
The FLSA authorizes the Department of Labor to seek injunctions to halt interstate shipment of goods
tainted by “oppressive child labor.” FLSA Section 12(a)(29 U.S.C.§212(a)) prohibits interstate commerce
in such “hot” goods, stating that “[n]o producer, manufacturer, or dealer shall ship or deliver for shipment
in commerce any goods produced in an establishment in the United States in or about which within 30 days
prior to the removal of such goods therefrom any oppressive child labor [as dened in FLSA Section 3(l),
29 U.S.C. 203(l)] has been employed.” It is not necessary for the employees to be working on the goods that
are removed for shipment in order for those goods to be considered “hot goods.”
These requirements are published in Sec. 12(a) of the Fair Labor Standards Act (29 U.S.C. §212(a))
Injunction to Compel Compliance
The FLSA authorizes the Department of Labor to seek injunctions against violators of the child labor
provisions to compel their compliance with the law. Further violations could result in sanctions against such
persons for contempt of court.
These requirements are published in Sec. 17 of the Fair Labor Standards Act (29 U.S.C. §217)
Criminal Sanctions
The FLSA also provides that any person who willfully violates any of the youth employment requirements
of Section 12 of the Act shall upon conviction thereof be subject to a ne of not more than $10,000, or to
imprisonment for not more than six months, or both. But no person shall be imprisoned under this provision
until he or she is convicted of a second offense.
These requirements are published in Sec. 16(a) of the Fair Labor Standards Act (29 U.S.C. §216(a))
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Additional Information
Inquiries about the Fair Labor Standards Act or any other law administered by the Wage and Hour Division
may be addressed to any local ofce of the Wage and Hour Division. Additional information is available on
our website at: www.dol.gov/whd To locate the Wage and Hour Division ofce nearest to you, telephone
our toll-free information and helpline at 1-866-4US-WAGE (1-866-487-9243). A customer service
representative is available to assist you with referral information from 8 AM to 5 PM in your own time zone.
Visit our online ofce locator anytime at www.dol.gov/WHD/america2.htm
