State Child Labor Laws Applicable to Agricultural Employment

ALERT FOR EMPLOYERS: Some state child labor laws, including some of the provisions of state law listed below, are inconsistent with the federal child labor provisions of the Fair Labor Standards Act, 29 U.S.C. 212(c), and its implementing regulations at 29 CFR Part 570. Where a state child labor law is less restrictive than the federal law, the federal law applies. Where a state child labor law is more restrictive than the federal law, the state law applies. See 29 U.S.C. 218(a).

June 13, 2024

Minimum age for employment

Certificate required to age:

Maximum daily and weekly hours and days per week for minors under 16 unless other age indicated

during school hours

outside school hours

Federal : Fair Labor Standards Act (FLSA) applies to migrants and local residents regardless of farm size or number of man-days of farm labor used on that farm.

14,
12 with written parental consent or on farm where parent is employed. Under 12 with written parental consent on farms exempt from Federal minimum wage provisions *

proof of age not required

school day or week: 9 for work and school combined /23

8/40 non school period. school day or week: 3/18

8/48 10/54; 16 and 17

16 if not required to attend school

8/40, only on non-school day, 12 and 13 8/40 school day/week: 3/18 8/48, 16 and 17 4 school day, (8 on a school day that precedes a non school day) 16 and 17 if required to attend school 2

8/40, under 18. 6 on school day under 16. In seasonal employment involving perishable products where paid by piece- work, minors 14 or older may work up to 12 hours in a 24-hour period and up to 30 hours in a 72-hour period (not more than 8 hours a day for more than 10 days in any 30-day period).

Connecticut

An employment certificate is required by Connecticut state law for minors working in agriculture under the age of 16, in which case proof of age or an agriculture permit is required.

Delaware (farm work exempt unless performed in hazardous occupations)

18 (proof of age is required)

8/40 school day or week: 3 when followed by school day /15. 8/30 when school is in session, 16 and 17.
Minors under 16 can work 8-40 during non-school day or week.

18, 16 if not legally required to attend school

14,
15 in pineapple harvesting

10 in coffee harvesting

18, applies only to 16 and 17

6/30 no more than 5 consecutive days, under 14 in coffee harvest in non-school period. 8/40; school day or week: 3/18, 14 and 15. 8/48 in pineapple harvesting from June 1 through the day before Labor Day.

Illinois (minimum age only)

Indiana (Exempt except for minimum age or when school is in session)

Indiana no longer issues employment or age certifications as of July 1, 2021. Previous work permit requirements were replaced with an employer registration system pursuant to IC 22-2-18.1-26 and administrative rule 610 IAC 10-5, whereby required employers must register all minors they employ using a database maintained by the Indiana Department of Labor.

Minors 14 - 17 years of age are exempt from the requirements for non-farm labor. There are no such provisions for 12- & 13-year-old minors.

Iowa (law exempts part-time work in agriculture (less than 20 hours a week) It covers migratory labor under age 16.

Law exempts work in the production of seed, limited to removal of off-type plants, corn tassels and hand-pollinating during June, July and August for children 14 and over.

14, 12 migratory labor (younger with permit from Labor Commissioner upon court order)

8-40 in week when school is not in session; 4-28 in week when school is in session, (but 8-hour maximum on non-school days)

Maine (exempt if not in direct contact with hazardous machinery or substances)

16, unless excused by superintendent of schools

Under 14 allowed for planting, cultivating, or harvesting not in direct contact with hazardous machinery or hazardous substances

18, only if they are in direct contact with hazardous machinery or substances, otherwise minors are exempt from this requirement.

Proof of age not required

Massachusetts

14 with certification

14 with certification 3

School day or week: 4/24, under 14 8/48

Michigan (exempt if work is designated by Sector 11 of the 1997 NAICs and not in violation of a standard established by the Department of Labor and Economic)

Under 16 years, 10/48 (if in school, no more than a combined school and work week of 48 hours) and no more than a weekly average of 8 hours a day.

16 to 18 years, 10/48 (if in school, 24 hours in one week) and no more than a weekly average of 8 hours a day.

If farming, 11/62 with consent of the minor and a parent or guardian, provided the minor is not employed between 2 a.m. and 5:30 a.m.

16, for work during school hours

16, during school term

8/40 school day: 3

Nevada (exempt except for minimum age when school in session)

New Hampshire

18, 16 if not enrolled in school

8 on non-school day/48 during vacation. School day/week: 3/23 if enrolled in school. 30 in schoolweek/48 during vacation, 16 and 17 if enrolled in school.

6, 16 and 17 if enrolled in school

16, 14 hardship cases

8/44 (special cases (8/48) under 14

14, 12 hand harvest berries, fruits, and vegetables

4 a day, 12 and 13

North Dakota

18 if residing in agriculture labor camp

8/48 school day/week: 3/18

12, 9 picking berries or beans for intrastate use with parental permission

Required only for under 18 employed in connection with power-driven farm machinery

10/40 (more than 10 hours a day with special permit) school day/week: 3/18

Pennsylvania (exempt from child labor law. Separate law covers seasonal farm workers).

seasonal farm worker under 14 not to be required to work

Employment prohibited from 7 a.m. to 1 hour after end of school day of school district where employed, under 18 whether or not registered in such school district.

South Carolina

14, 12 with parental approval

South Dakota

8/40 school day/week: 4/20

No limit with parental consent

No limit with parental consent

8/40, non-school day/week. School day/week: 3/18 (waived with parental consent)

16, 14 with labor cert.

16 during school hours

8/day and 40/week

14, 12 with parental consent

14, 12 hand-harvesting or cult. berries, bulbs, cucumbers, and spinach during non-school week.

8/40, 12 and 13 during non-schoolweek. 8/40 when school not in session, 14 and 15. 10/50 (60 for wheat, hay, and pea harvest) when school not in session; 4/28 when school in session, 16 and 17.

7 in dairy, livestock, hay and irrigation, with one day off every two weeks, under 18

8/40 during non-school period. 3/18 during school day or week.

Minors 14 through 17 may be employed outside of school hours in excess of permitted weekly hours during peak periods. Time and one-half regular rate of pay must be paid after 50 hours per week.

* Local minors (permanent residents) 10 and 11 years old may be employed outside school hours under prescribed conditions to hand harvest short season crops for no more than 8 weeks between June 1 and October 15 in any calendar year, upon approval by the Secretary of Labor of an employer's application for a waiver from the child labor provisions for such employment. The Secretary of Labor has not issued such waivers.

Nightwork prohibited for minors under 16 unless other age indicated

Prohibited hazardous occupations (HOs) in agriculture to age:

Federal: Fair Labor Standards Act (FLSA) applies to migrants and local residents regardless of farm size or number of man-days of farm labor used on that farm.

16. Numerous occupations have been declared hazardous in 11 categories of employment including, among others, operating tractors of over 20 PTO horsepower; operating or assisting to operate corn pickers, grain combines, hay movers, potato diggers, trenchers or earthmoving equipment, or power-driven circular, hand or chain saws; working in a yard, pen or stall occupied by a stud animal or a sow with suckling pigs; working inside a silo or manure pit; handling or applying certain agricultural chemicals; and handling or using a blasting agent such as dynamite or black powder.

No specific agriculture HOs. Those of general application under 18 are considered as covering agriculture where applicable (e.g. working with power-driven machinery).

9:30 p.m. (11 p.m. before non-school day) to 6 a.m.

16 (similar to Federal HOs)

7 p.m. (9 p.m. before non-school day) to 6 a.m
11 p.m. before school day to 6 a.m., 16 and 17

16: *Operating tractors over 20 PTO horsepower; Operating crop pickers, balers, mowers, and tillers; Felling and loading timber; handling hazardous chemicals; Other occupations.

7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m. 10 p.m. (12:30 a.m. before non-school day) to 5:30 a.m., 16 and 17

16, adopts Federal HOs 12 work prohibited in any agriculture danger zone (areas in or about moving equipment, unprotected chemicals, and unprotected water hazards).

9:30 p.m. to 5 a.m. before school day

No specific agric. HOs. Those of general application for under 18 are considered as covering agric. where applicable (e.g. work 20 feet above ground, operation of power-driven machinery).

Connecticut

No specific agric. HOs. Those of general application for under 18 are considered as covering agric. where applicable (e.g. work on ladders, operation of power-driven machinery).

Delaware
(farm work exempt unless performed in hazardous occupations)

16 (adopts, by reference, the Federal HOs). Law exempts those working with adult supervision.

7 p.m. before school day (9 p.m. during holidays and summer vacations) to 7 a.m. 11 p.m. to 6:30 a.m. before school day, 16 and 17.

18, operating or assisting to operate a tractor over 20 PTO horsepower, any trencher or earthmoving equipment, forklift, or any harvesting, planting, or plowing machinery, or any moving machinery. 16, operation of power-driven machinery.

6 p.m. to 6 a.m. during coffee harvest, under 14. 7 p.m. to 7 a.m. (9 p.m. to 6 a.m. during any authorized school break) 14 and 15, 12:30 a.m. to 6 a.m., 15 in pineapple harvest.

16 (several), 15 pineapple harvestors prohibited from being on the harvesting machine or the truck attached to it, 12 prohibited from using any harvesting equipment while engaged in coffee harvesting except holding hooks which are free of any attachments or accessories and baskets or containers used to carry coffee berries. They are not allowed to carry loads in excess of 15 pounds.

Illinois (minimum age only)

Indiana (Exempt except for minimum age or when school is in session)

Iowa (law exempts part- time work in agriculture (less than 20 hours a week) It covers migratory labor under age 16) (Law exempts work in the production of seed, limited to removal of off-type plants, corn tassels and hand-pollinating during June, July and August for children 14 and over)

7:30 p.m. (9 p.m. June 1 through Labor Day) to 5 a.m. with migratory labor permit, otherwise 7 p.m. (9 p.m. June 1 through Labor Day) 7 a.m.)

No specific agric. HOs. Those of general application for under 18 and under 16 are considered as covering agricultural labor where applicable (e.g. power-driven hoisting apparatus - under 18, power-driven machinery - under 16).

Maine (exempt if not in direct contact with hazardous machinery or substances)

- (hazardous machinery or substances mentioned in exemption refers to occupations prohibited under Federal law)

Massachusetts

7 p.m. (9 p.m. July 1 through Labor Day) to 6:30 a.m.

16 operation of saw or cutter on a farm except family farm; stripping, sorting, manufacturing, or packing tobacco.

Michigan (exempt except for operations involving detasseling, roguing, hoeing, or similar in production of seed)

9 p.m. to 7 a.m., 10:30 p.m. (11:30 p.m. on Fridays, Saturdays and during school vacation periods) to 6 a.m., 16 and 17 if attending school, 11:30 p.m. to 6 a.m., 16 and 17 if not attending school

No specific agriculture HOs. Those of general application under 18 are considered as covering agriculture where applicable (e.g. working with power-driven machinery).

18, (a few) 16, (several including, by reference, the Federal HOs)

7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.

No specific agriculture HOs. Those of general application under 16 are considered as covering agriculture where applicable (e.g. working with power-driven machinery, ladders, toxic, or hazardous chemicals).

7PM (9PM during periods outside school year (June 1st - Labor Day- depending on local standards)) to 7AM

the following agricultural occupations, unless otherwise exempt or working as a student-learner pursuant to 41-2-109 are prohibited: