Federal laws only apply to parental farms
Insights on federal child labor regulations were discussed by Audry Thompson of the Penn State Center for Agricultural and Shale Law during an agricultural law webinar focused on youth employment in farming.
Children and teenagers have worked on farms for generations, helping families with daily tasks and agricultural activities. While this tradition continues today, federal labor laws establish clear rules regarding when young people can legally work on farms and the types of jobs they can perform.
“When we look at the history of child labor in the United States, agricultural work is really the first kind of work that minors were doing prior to the Industrial Revolution,” she said. “There’s a long history of minors working on farms and often, those farms were where they lived.”
Agriculture is one of the oldest industries in the United States, and young workers have historically played an important role in farm operations. However, lawmakers introduced child labor regulations to protect the safety and well-being of minors while allowing them to gain valuable experience in agriculture.
The main federal law governing child labor is the Fair Labor Standards Act (FLSA), enacted in 1938. The law sets restrictions on the employment of minors across many industries, including agriculture. Although farming has unique exemptions compared to other sectors, important regulations still apply.
One of the most significant exemptions involves family farming. Under federal law, children of any age may work for their parents on a farm owned or operated by the parent. This exemption allows family farming traditions to continue without many of the restrictions that apply to other agricultural employers.
However, this exemption only applies to parental farms. If a child works on a farm owned by someone else, even with parental permission, federal child labor regulations must be followed. The same rules apply when minors are involved in processing agricultural products produced by others.
Federal law also distinguishes between hazardous and non-hazardous work. Certain agricultural jobs are considered too dangerous for younger workers. These hazardous activities include operating certain power-driven farm machinery, handling specific chemicals, working with anhydrous ammonia, operating decontamination equipment, and entering manure pits.
Children under the age of 12 may work on small farms outside of school hours if they have parental consent and are not performing hazardous tasks. These opportunities are limited and must comply with labor regulations designed to protect young workers.
Youth between the ages of 12 and 13 have additional opportunities. They may perform non-hazardous work on farms of any size outside school hours if they have parental consent or if their parents are employed on that farm.
For teenagers aged 14 and 15, federal law permits employment in most non-hazardous agricultural jobs. These young workers may assist with various farm activities outside school hours, provided the work does not fall into a hazardous category.
Once workers reach the age of 16, federal regulations allow them to perform both hazardous and non-hazardous farm work. At this age, limitations regarding hazardous agricultural occupations generally no longer apply under federal labor law.
Farm operators should remember that federal rules are not the only regulations that matter. Many states have their own child labor laws, and these rules can be stricter than federal requirements. Some states prohibit employment below certain ages or impose additional restrictions on working hours and duties.
Safety remains a critical consideration for all farms, regardless of legal exemptions. Even when federal laws allow certain activities, farm families should carefully assess the risks involved and ensure young workers receive proper supervision and training.
Parents and farm employers should also understand that agencies responsible for child welfare and safety may become involved if unsafe conditions lead to injuries. Following safety best practices help protect children and support a safer agricultural workplace.
As farm families prepare the next generation for agricultural careers, understanding child labor laws is essential. By knowing age requirements, work restrictions, and safety obligations, farms can provide valuable learning experiences while complying with labor regulations and protecting young workers.
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