Parents who employ their underage children within the United States may be breaking the law. Understanding child labor laws is essential for any employer of minors. Most child labor laws, including those involving parents as employers, fall under the federal Fair Labor Standards Act (FLSA). When state laws differ, those that are most protective of the child take precedence. Laws vary depending on age of the child, type of business and the occupation of the child.
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Hours and Pay
Any person under the age of 20 can be paid $4.25 an hour for an initial 90-day trial period, as long as this employment did not displace another worker. After this period, federal or state minimum wage requirements apply. Age 14 is the minimum age for employment, with some exceptions. The U.S. Department of Labor (DOL) explains that employees aged 14 and 15 can work only during non-school hours and for only three hours on a school day, for a total of 18 hours in a school week. This increases to eight hours on non-school days and 40 total hours in a non-school week. Working hours are limited to 7 a.m. to 7 p.m., except from June 1 to Labor Day, when 9 p.m. is the nightly limit. Programs, such as those often offered through schools, can allow a 14- or 15-year-old to work up to 23 hours during school weeks and three hours while school is in session. There are no restrictions put on workers aged 16 and above.
Duty Exceptions
According to the U.S. DOL, workers under 14 can perform non-hazardous agricultural duties. No matter the age of the child, she can perform in radio, television, movie or theatrical productions, babysit and "perform minor chores around a private home." Employees aged 16 and 17 can perform any duties considered non-hazardous. The definition of non-hazardous changed in July of 2010 through the hazardous occupations Final Rule. Major changes include expanding the ban on most logging and sawmill work to include most duties associated with fighting forest fires, and prohibit the operation of chainsaws, reciprocating saws, wood chippers and "abrasive cutting discs." Minors may now use portable countertop mixers and certain pizza dough rollers.
Parents Employing Children
The FSLA states that children under the age of 14 can work in businesses owned by their parents, so long as the child is not performing hazardous duties as outlined by the Act. Check with your State Department of Labor as some states, such as Indiana, limit children under 12 to working only on farms owned by their parents.
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