STORAGE NAME: h1225.IPA
DATE: 3/28/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1225
TITLE: Employment of Minors
SPONSOR(S): Miller
COMPANION BILL: SB 918 (Collins)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Industries & Professional
Activities
Intergovernmental Affairs
Commerce
SUMMARY
Effect of the Bill:
The bill removes restrictions in Florida’s Child Labor Law (Child Labor Law) that govern the employment of minors
16 and 17 years-of-age, relating to time of day, number of hours, and meal breaks. The bill allows minors 14 and 15
years-of-age to work under certain circumstances. The bill also removes the authority of the Department of
Business and Professional Regulation’s (DBPR) to waive employment restrictions of minors.
Fiscal or Economic Impact:
Indeterminate. To the extent the bill will increase opportunities to generate income for certain individuals and
employers, the bill may have an indeterminate positive economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill removes the following restrictions from the Child Labor Law on working hours for minors 16 and 17
years-of-age:
Working before 6:30 a.m. or after 11 p.m. when school is scheduled the following day.
Working for more than 8 hours in a day, when school is scheduled the following day, except on a holiday or
Sunday.
Working more than 30 hours in any one week when school is in session, which can be waived by a minor’s
parent or custodian, or the school superintendent or his or her designee, on a form prescribed by DBPR and
provided to the minor’s employer.
On any school day, minors 16 and 17 years of age who are not enrolled in a career education program may
not be gainfully employed during school hours.
Working more than eight hours a day without a thirty minute break
. (Section 1)
Additionally, the bill allows minors 14 and 15 years-of-age to work without the following restrictions, unless
otherwise required by federal law:
• If they have graduated from high school or received a high school equivalent diploma.
• If they hold a valid certificate of exemption issued by the school superintendent.
• If they are enrolled in a home education, or virtual instruction program in which the minor is separated
from the teacher by time only. (Section 1)
The bill removes all employment restrictions for all minors who qualify on a hardship basis that are enrolled in a
public school, and receive a waiver of hours from the school superintendent. (Section 1)
The bill removes DBPR’s authority to grant waivers of the employment restrictions. (Section 1) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may increase opportunities for certain minor children to work and generate income.
The bill may allow certain employers to employ certain minor children without having to comply with
requirements in current law.
The bill may increase labor force participation among certain minor children, which may result in a reduction of
obtaining higher skills, education, and healthcare for these individuals.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Child Labor Law
DBPR’s, Division of Regulation, administers and enforces Florida’s Child Labor Law
1 through its Child Labor
Program.
2 The “mission of the Child Labor Program is to provide a program of education, enforcement, and
administrative initiatives designed to achieve full compliance in the enforcement of Child Labor laws and ensure
the health, education and welfare of Florida’s working minors.”
3
Florida’s Child Labor Law defines “child” or “minor” as any person 17 years of age or younger, unless:
4
The person is or has been married;
The person’s disability of nonage has been removed by a court of competent jurisdiction;
The person is serving or has served in the Armed Forces of the United States;
It has been found by a court having jurisdiction over the person that it is in the best interest of such minor
to work and the court specifically approves any employment of such person, including the terms and
conditions of such employment; or
The person has graduated from an accredited high school or holds a high school equivalency diploma.
Florida’s Child Labor Law restricts the employment of minors, sometimes more than federal law.
Hours of Work in Certain Occupations
Currently, Florida’s Child Labor Law prohibits minors 16 and 17 years-of-age from being employed during school
hours, unless they are enrolled in a career education program.
5 These minors may not be employed, permitted, or
suffered to work:
• Between 11 p.m. and 6:30 a.m. when school is scheduled the following day.
• For more than 8 hours in any one day, when school is scheduled the following day, except for holidays and
Sundays.
• For more than 30 hours each week when school is in session, except for certain circumstances through a
waiver.
• For eight hours or more a day without at least a 30 minute break.
6
1
See ss. 450.001-450.165, F.S.
2
S. 450.155, F.S., provides that Child Labor Law program appropriations made by the Legislature shall be used to carry out the proper
responsibilities of administering the Child Labor Law, to protect the working youth of the state, and to provide education about the
Child Labor Law to employers, public school employees, the general public, and working youth.
3
Florida Department of Business and Professional Regulation, Child Labor, http://www.myfloridalicense.com/DBPR/child-labor/
(last visited Mar. 26, 2025).
4
S. 450.012(3), F.S.
5
S. 450.081, F.S.
6
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Florida’s Child Labor Law further prohibits minors 15 years-of-age and younger from working:
• Between 7 p.m. and 7 a.m. when school is scheduled the following day.
• For more than 15 hours in any week when school is in session.
• For more than 3 hours a day on a school day, unless they are enrolled in a career education program or
there is no school the following day.
• For more than six days per week.
• For more than four hours continuously without at least a 30 minute break.
7
During holiday and summer vacations, minors 15 years-of-age and younger may not work:
• Between 9 p.m. and 7 a.m.
• For more than 8 hours per day.
• For more than 40 hours per week.
8
These restrictions do not apply to:
• Minors 16 and 17 years-of-age who have graduated from high school or received a high school equivalency
diploma.
• Minors who are within the compulsory school attendance age limit and who hold a valid certificate of
exemption issued by the school superintendent or his or her designee pursuant to s. 1003.21(3), F.S.
• Minors enrolled in an educational institution who qualify on a hardship basis and receive a waiver as
determined by the school superintendent.
• Minors 16 and 17 years-of-age who are in a home education program or are enrolled in an approved virtual
instruction program in which the minor is separated from the teacher by time only.
• Minors in domestic service in private homes, minors employed by their parents, or pages in the Florida
Legislature.
9
Additionally, Florida’s Child Labor Law provides that:
• DBPR may grant waivers of the restrictions laid out in s. 450.081, F.S.
• The presence of a minor in a place of employment during working hours is prima facie evidence of their
employment at such place.
• An employer who violates s. 450.081, F.S., is subject to penalties in s.450.141, F.S.
10
Partial Waivers
In extenuating circumstances when it clearly appears to be in the best interest of the child, DBPR is authorized to
grant a waiver of the restrictions imposed by the Child Labor Law on the employment of a child. Such waivers are
granted upon a case-by-case basis and based upon such factors as the department, by rule, establishes as
determinative of whether such waiver is in the best interest of a child.
11
DBPR, or the school district designee if the minor is enrolled in the public school system, is authorized to grant a
waiver of any restriction imposed by the Child Labor Law, or by rule. In determining whether to grant a Partial
Waiver, the Department shall consider all relevant information which may establish what is in the best interest of
the minor, including:
12
School Status: DBPR, or the school district designee, is required to grant a partial waiver based on
school status when:
o The minor will receive instruction by a tutor at the place of employment;
o The minor has been authorized by the District School Superintendent to complete his or her
education through alternative methods such as home school;
o The minor has been permanently expelled from the public school system;
7
Id.
8
Id.
9
Id.
10
Id.
11
S. 450.095, F.S.
12
R. 61L-2.007, F.A.C. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
o The minor is enrolled in school in a foreign country and is visiting Florida during his or her
home country’s non-school period; or
o The employment would provide an educational, vocational, or public service experience that
would be beneficial to the minor.
Documentation shall consist of confirmation from the minor’s school principal or the
Superintendent of the School District and of copies of school records clearly defining the
minor’s school status.
Financial Hardship: DBPR, or the school district designee, is required to grant a partial waiver based
on financial hardship when compliance with the Child Labor Law or rule will result in undue financial
hardship for the minor or the minor’s immediate family. Documentation must include:
o A notarized letter, explaining the particular circumstances creating a hardship, from a parent,
guardian, or other adult, who knows and can attest to the minor’s financial hardship; written
confirmation from a school recently attended;
o Documentation from a social service agency; or
o Verification of participation in AFDC, Food Stamp, Project Independence, or other similar
programs.
o DBPR is authorized to require other documentation which proves financial hardship.
Medical Hardship: DBPR, or the school district designee, must grant a partial waiver based on medical
hardship when compliance with the Child Labor Law or rule will result in physical or mental hardship
for the minor. Documentation may consist of written confirmation from the minor’s physician stating
the specific medical reasons that require the minor to be excused from mandatory school attendance
and affirming that the minor to be excused from mandatory school attendance may be allowed to work
the requested hours, or that the minor should be considered an adult for the purpose of work hours.
Other Hardship: DBPR, or school district designee, must grant a partial waiver based on other
hardship when compliance with the Child Labor Law or rule will result in unreasonable hardship to the
minor in specific situations.
Court Order: DBPR, or the school district designee, must grant a partial waiver based on a court order
when compliance with the Child Labor Law or rule will result in the minor violating an order issued by
a court mandating that the minor work specified hours or in a specified occupation.
According to DBPR, for the current fiscal year, the department has received 1,416 waiver applications. Of this
amount, 639 have been approved and 777 have been found to be deficient.
13
Enforcement
DBPR and local law enforcement are required to:
14
Enforce the provisions of the Child Labor Law;
Make complaints against persons violating its provisions; and
Prosecute violations.
DBPR is authorized to enter and inspect at any time any place or establishment covered by this law and to have
access to age certificates kept on file by the employer and other records. Designated school representatives are
required to report to DBPR all violations of the Child Labor Law.
15
The Child Labor Law also provides that:
Trial courts in the state have the duty to issue warrants and try cases within their jurisdiction in connection
with violations of the Child Labor Law.
Grand juries have inquisitorial powers to investigate violations, and trial court judges shall specially charge
the grand jury to investigate violations of the Child Labor Law.
The Child Labor Law provides the following penalties for violations:
16
13
Email from Derek Miller, Director of Legislative Affairs, Florida Department of Business and Professional Regulation, RE: Child
Labor Partial Waivers, (Dec. 11, 2023).
14
S. 450.121(1), F.S.
15
S. 450.121(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Second degree misdemeanor, punishable by up to 60 days in prison
17 and a $500 fine.
18
o Each day during which any violation of this law continues, and the employment of any minor in
violation of the law, constitutes a separate and distinct offense.
Second degree felony, punishable by up to 15 years in prison,
19 a $10,000 fine,
20 or up to 30 years in prison
for habitual offenders
21 any person who:
22
o Takes, receives, hires, employs, uses, exhibits, or, in any manner or under any pretense, causes or
permits any child less than 18 years of age to suffer;
o Inflicts upon any such child unjustifiable physical pain or mental suffering;
o Willfully causes or permits the life of any such child to be endangered or his or her health to be
injured or such child to be placed in such situation that his or her life may be endangered or health
injured; or
o Has in custody any such child for any of these purposes.
The Child Labor Law authorizes DBPR to provide administrative fines not to exceed $2,500 per offense.
23 Upon
discovery by DBPR that an employer is in violation, it is required to give written notice to the employer specifying
the violation, the facts alleged to constitute the violation, and the requirements and time limitations for remedial
action. If the employer refuses or fails to comply, DBPR is authorized to seek assessment of the following schedule
of fines:
24
Violation 1st Offense 2nd Offense
3
rd and
Subsequent
Offenses
Child Labor Poster Up to $500 Up to $1,000 Up to $1,500
Employment of Minor Up to $1,000 Up to $1,500 Up to $2,500
Proof of Age or Copy of Partial Waiver Up to $700 Up to $1,200 Up to $2,000
Employment of Minor in Violation of Beverage law. Up to $1,000 Up to $1,500 Up to $2,500
Work Hours or Consecutive Days Up to $1,000 Up to $1,500 Up to $2500
Hazardous Occupation Up to $1,500 Up to $2,000 Up to $2,500
Employment of minor in violation of any provision of Child
Labor.
Up to $2,500 Up to $2,500 Up to $2,500
Law or this rule chapter which results in injury or death to
minor.
Violation of proof of age and identity requirements for
Adult Theaters.
Up to $1,000 Up to $2,000 Up to $2,500
Any other violation of the Child Labor Law or this rule
chapter.
Up to $1,000 Up to $1,500 Up to $2,500
Failure to provide records or documentation upon request. Up to $500 Up to $1,200 Up to $2,000
Career Education Exemptions
Florida’s Child Labor Law specifies that it does not:
Prevent minors of any age from receiving career education furnished by the U.S., this state, or any county or
other political subdivision of this state and duly approved by the Department of Education or other duly
constituted authority, nor any apprentice indentured under a plan approved by the Department of
Economic Opportunity; or
Prevent the employment of any minor 14 years of age or older when such employment is authorized as an
integral part of, or supplement to, such a course in career education and is authorized by regulations of the
16
S. 450.141(1), F.S.
17
S. 775.082, F.S.
18
S. 775.083, F.S.
19
S. 775.082, F.S.
20
S. 775.083, F.S.
21
S. 775.084, F.S.
22
S. 450.151, F.S.
23
S. 450.141(2), F.S.
24
R. 61L-2.009, F.A.C. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
district school board of the district in which such minor is employed, provided the employment is in
compliance with the provisions of ss. 450.021(4), F.S. and 450.061, F.S.
Exemptions for the employment of student learners 16 to 18 years-of-age provided in s. 450.061, F.S., apply
when:
25
The student learner is enrolled in a youth vocational training program under a recognized state or local
educational authority.
Such student learner is employed under a written agreement that provides:
o That the work of the student learner in the occupation declared particularly hazardous shall be
incidental to the training.
o That such work shall be intermittent and for short periods of time and under the direct and close
supervision of a qualified and experienced person.
o That safety instructions shall be given by the school and correlated by the employer with on-the-job
training.
o That a schedule of organized and progressive work processes to be performed on the job shall have
been prepared.
Proof of Identity
In order to hire a child to work, the law requires an employer to obtain and keep on record during the entire
period of employment proof of the child’s age.
26 Employers who hire minors are also required to post posters
notifying minors of the Child Labor Law.
27
Federal Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with minimum wage,
overtime pay, and child labor protections.
28 Congress adopted the FLSA to prevent substandard labor conditions
from being used as an “unfair method of competition.”
29 The FLSA covers employees and enterprises engaged in
interstate commerce. An enterprise is covered if it has annual sales or business done of at least $500,000.
30
Regardless of the dollar volume of business, the FLSA applies to hospitals; institutions primarily engaged in the
care of the sick, aged, mentally ill, or disabled who reside on the premises; schools for children who are mentally or
physically disabled or gifted; federal, state, and local governments; and preschools, elementary and secondary
schools, and institutions of higher education.
31
The FLSA was adopted as a minimum set of standards, which allowed states to provide more protections for
employees. Under the FLSA, if states enact minimum wage, overtime, or child labor laws that are more protective
than what is provided by the FLSA, the state law applies.
32 Because states may enact laws that are more protective
than what is provided by the FLSA, minimum wage, overtime, and child labor standards vary state by state.
Child Labor
The FLSA prohibits the employment of “oppressive child labor” in the United States and the shipment of goods
made in proximity to oppressive child labor.
33 The FLSA establishes a general minimum age of 16 years for
employment in nonhazardous occupations, and a minimum age of 18 years for employment in any occupation
determined by the Secretary of Labor to be hazardous to the health or well-being of minors. However, children
25
S. 450.161, F.S.
26
S. 450.045(1), F.S. Such proof must include photocopies of the child’s birth certificate and driver license, an age certificate issued
by the district school board of the district in which the child is employed, certifying the child’s date of birth, or a photocopy of a
passport or visa which lists the child’s date of birth.
27
S. 450.045(2), F.S.
28
29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
29
Brooklyn Savings Bank V. O’Neil. 324 U.S. 697 (1945).
30
29 C.F.R. §§779.258-779.259.
31
29 U.S.C. §203(s)(1).
32
29 U.S.C. § 218.
33
29 U.S.C. §212. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
younger than 16 may work if certain conditions are met, and rules for agricultural and nonagricultural
employment vary significantly.
34
Nonagricultural Employment – Minimum Standards
For nonexempt children, the minimum age for employment in nonagricultural occupations is:
35
18 years-of-age for occupations determined by the Secretary of Labor to be hazardous to the health and
well-being of children (i.e., “hazardous occupations”);
16 years-of-age for employment in nonhazardous occupations; or
14 years-of-age for a limited set of occupations, with restrictions on hours and work conditions, as
determined by the Secretary of Labor.
A child under the age of 14 may not be employed unless his or her employment is explicitly excluded from the
definition of oppressive child labor (e.g., a parent is the child’s sole employer in a nonhazardous occupation) or
exempt from the FLSA child labor provisions (e.g., newspaper delivery).
36
The hours and times of day that 14- and 15-year-olds are allowed to work and specific occupations that are
permitted or prohibited for such minors in nonagricultural occupations are set by federal and state law.
The FLSA allows the employment of minors 14 and 15 years-of-age during the following hours and times-of-day:
37
Outside of school hours;
38
Not more than 40 hours in any 1 week when school is not in session;
Not more than 18 hours in any 1 week when school is in session;
Not more than 8 hours in any 1 day when school is not in session;
Not more than 3 hours in any 1 day when school is in session, including Fridays; and
Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day) when the
evening hour will be 9 p.m.
Oppressive Child Labor
The following occupations constitute oppressive child labor within the meaning of the FLSA when performed by
minors who are 14 and 15 years-of-age:
39
Manufacturing, mining, or processing occupations.
Occupations that the Secretary of Labor may, pursuant to section 3(l) of the FLSA, find and declare to be
hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or
well-being.
Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing hoisting
apparatus.
Work performed in or about boiler or engine rooms or in connection with the maintenance or repair of the
establishment, machines, or equipment.
Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing any power-
driven machinery, including but not limited to lawn mowers, golf carts, all-terrain vehicles, trimmers,
cutters, weed-eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and
food mixers. Youth 14 and 15 years of age may, however, operate office equipment pursuant to § 570.34(a)
and vacuum cleaners and floor waxers pursuant to § 570.34(h).
The operation of motor vehicles.
Outside window washing that involves working from window sills, and all work requiring the use of
ladders, scaffolds, or their substitutes.
34
Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, (Mar. 8, 2023),
https://crsreports.congress.gov/product/pdf/R/R42713 (last visited Mar. 26, 2025).
35
29 C.F.R. § 570.2.
36
29 C.F.R. § 570.119.
37
75 C.F.R. § 28448 (2010).
38
29 C.F.R. § 570.35(b) defines “school hours” as the hours that the local public school district where the minor resides while
employed is in session during the regularly scheduled school year.
39
29 C.F.R. § 570.33. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
All baking and cooking activities except that cooking which is permitted by § 570.34(c).
Work in freezers and meat coolers and all work in the preparation of meats for sale except as permitted by
§ 570.34(j). This section, however, does not prohibit the employment of 14- and 15-year-olds whose duties
require them to occasionally enter freezers only momentarily to retrieve items as permitted by § 570.34(i).
Youth peddling, which entails the selling of goods or services to customers at locations other than the
youth-employer's establishment, such as the customers' residences or places of business, or public places
such as street corners and public transportation stations.
Loading and unloading of goods or property onto or from motor vehicles, railroad cars, or conveyors,
except the loading and unloading of personal non-power-driven hand tools, personal protective equipment,
and personal items to and from motor vehicles as permitted by § 570.34(k).
Catching and cooping of poultry in preparation for transport or for market.
Public messenger service.
Occupations in connection with transportation of persons or property, warehousing and storage,
communications and public utilities, and construction (including demolition and repair).
Authorized Occupations
The FLSA allows the following occupations to be performed by minors 14 and 15 years-of-age when performed
within the required timeframes:
40
Office and clerical work, including the operation of office machines.
Work of an intellectual or artistically creative nature.
Cooking with electric or gas grills which does not involve cooking over an open flame.
Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and
comparative shopping.
Price marking and tagging by hand or machine, assembling orders, packing, and shelving.
Bagging and carrying out customers' orders.
Errand and delivery work by foot, bicycle, and public transportation.
Clean up work, including the use of vacuum cleaners and floor waxers, and the maintenance of grounds, but
not including the use of power-driven mowers, cutters, trimmers, edgers, or similar equipment.
Kitchen work and other work involved in preparing and serving food and beverages.
Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and stocking of items.
The loading onto motor vehicles and the unloading from motor vehicles of the light, non-power-driven,
hand tools and personal protective equipment that the minor will use as part of his or her employment at
the work site; and the loading onto motor vehicles and the unloading from motor vehicles of personal items
such as a back pack, a lunch box, or a coat that the minor is permitted to take to the work site.
The employment of 15-year-olds (but not 14-year-olds) to perform permitted lifeguard duties at traditional
swimming pools and water amusement parks (including such water park facilities as wave pools, lazy
rivers, specialized activity areas that may include water falls and sprinkler areas, and baby pools; but not
including the elevated areas of power-driven water slides) when such youth have been trained and
certified by the American Red Cross, or a similar certifying organization, in aquatics and water safety.
Employment inside and outside of places of business where machinery is used to process wood products.
Work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy service; car
cleaning, washing and polishing by hand; and other occupations permitted by this section, but not including
work involving the use of pits, racks, or lifting apparatus, or involving the inflation of any tire mounted on a
rim equipped with a removable retaining ring.
Work in connection with riding inside passenger compartments of motor vehicles.
Agricultural Employment – Minimum Standards
With some exceptions, the minimum age for employment in agricultural occupations is:
16 years-of-age for employment in any agricultural job, including those determined to be hazardous by the
Secretary of Labor, with no restrictions on hours of work;
41
14 years-of-age for employment in nonhazardous agricultural jobs, outside of school hours;
42
40
29 C.F.R. § 570.34.
41
29 C.F.R. § 570.2.
42
29 U.S.C. §213(c)(1)(C). DOL regulations identify the set of jobs and activities that—subject to hours-of-work JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
12 years-of-age (up to 13 years) for employment in nonhazardous agricultural jobs, outside of school
hours, with the written consent of a parent; written consent is not required if the work takes place on a
farm that also employs the child’s parent;
43
10 years-of-age (and up to 11 years) for employment to hand-harvest select crops for up to eight weeks in
nonhazardous agricultural jobs, outside of school hours, with the written consent of a parent, providing the
employer has obtained a waiver permitting this employment from the Secretary of Labor;
44 or
Any age (up to 12 years), for employment in nonhazardous agricultural jobs, outside of school hours on
certain small farms, with a parent’s written consent.
45
A child of any age who is employed by a parent on a farm owned or operated by the parent may work without
restriction.
46 DOL regulations also provide limited exemptions to child labor rules concerning hazardous
agricultural occupations for student learners and graduates of vocational training programs that meet regulatory
criteria.
47
FLSA Child Labor Exemptions
The FLSA excludes the following occupations and work arrangements from coverage of its child labor provisions:
Children with a Parental Employer: Children who work for a parent or a person standing in place of a
parent
48 in an occupation other than manufacturing, mining, or hazardous work may be employed at any
age and for any number of hours.
49
Child Performers: Children of any age may be employed as actors or performers in motion pictures or in
theatrical, radio, or television productions.
50
Newspaper Delivery Persons: Children of any age may be employed to deliver newspapers to
consumers.
51
Evergreen Wreath Producers (Homebased): Children of any age may be employed as homeworkers to
make evergreen wreaths and to harvest forest products used in making such wreaths.
52
Hazardous Occupations
Seventeen groups of nonagricultural occupations have been determined to be hazardous or detrimental to the
health or well-being of children between the ages of 16 and 18 years.
53 Employment in these jobs is prohibited,
restrictions—do not constitute oppressive child labor for children ages 14 and 15 years old; these are at 29 C.F.R.
§570.33.
43
29 U.S.C. §213(c)(1)(B).
44
The conditions under which the Secretary of Labor will grant a waiver permitting the employment of 10 and 11 year
old children to harvest certain crops are in 29 U.S.C. 213(c)(4) and 29 C.F.R. § part 575. However, as DOL notes “the
Department was enjoined from issuing such waivers in 1980 because of issues involving exposure, or potential
exposure, to pesticides (see National Ass’n of Farmworkers Organizations v. Marshall, 628 F.2d 604 (DC Cir. 1980)).
Therefore, no waivers have been granted under FLSA section 13(c)(4) for thirty years.” DOL-WHD, “Child Labor
Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties - A Proposed
Rule,” 75 Federal Register 54842, September 2, 2011.
45
29 U.S.C. §213(c)(1)(A). Applies to the employment of children on farms that are exempt from FLSA minimum
wage provisions because they employed fewer than 500 “man-days of agricultural labor” during any calendar quarter in
the previous calendar year. FLSA defines a man-day of agricultural labor as “any day during which an employee
performs any agricultural labor for not less than one hour”; 29 U.S.C. §203(u).
46
29 U.S.C. §213(c)(2).
47
29 C.F.R. §570.72.
48
Parent or person standing in place of a parent is defined in 29 C.F.R. §570.126 as including “natural parents, or any
other person, where the relationship between that person and a child is such that the person may be said to stand in
place of a parent. For example, one who takes a child into his home and treats it as a member of his own family,
educating and supporting the child as if it were his own, is generally said to stand to the child in place of a parent.”
49
This exemption stems from the FLSA definition of oppressive child labor at 29 U.S.C. §203(1), which excludes
children employed by a parent in most nonhazardous occupations. For children employed in nonagricultural work, the
parent must be the sole employer for the exemption to hold. The parent need not be the sole employer for children
working in agriculture on a farm owned or operated by the parent.
50
29 U.S.C. §213(c)(3).
51
29 U.S.C. §213(d).
52
29 U.S.C. §213(d).
53
29 C.F.R. §§570.50-570.68. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
with limited exemptions for registered apprentices and student learners.
54 In some instances, children’s
employment is banned in entire industries (e.g., coal mining) with some exceptions for office, sales, or maintenance
work; others prohibit children’s exposure to materials (e.g., radioactive substances) or equipment (e.g., power-
driven hoisting apparatus).
Eleven types of agricultural occupations have been determined to be hazardous, in which—with few exceptions—a
child below the age of 16 may not be employed.
55 These include, for example, handling or applying certain
agricultural chemicals, and working on a farm in a pen occupied by a stud horse maintained for breeding purposes.
The prohibition on employment in agricultural hazardous occupations does not apply to children employed by a
parent on a farm owned or operated by the parent.
56 When certain requirements are met, student learners and
graduates of tractor or machine operation programs that meet regulatory criteria may be employed in select
hazardous occupations.
FLSA Violations
Two remedies are available for violations of the FLSA child labor provisions. The Secretary of Labor may assess
civil penalties or seek other relief, including injunctive relief. Employers who violate the FLSA child labor
provisions may be assessed the following civil penalties:
Up to $15,138 for each employee who was the subject of a child labor violation; or
Up to $68,801 for each violation that causes the death or serious injury of a minor employee, a penalty may
be doubled if the violation is a repeated or willful violation.
57
U.S. district courts have jurisdiction to enjoin violations of the FLSA’s child labor provisions.
58 For example, a
federal court may order an employer to halt employment of a minor in a hazardous occupation or may enjoin a
producer from shipping goods out of state from an establishment in or about which a child labor violation has
occurred. Criminal penalties are also prescribed for willful violations of the FLSA’s child labor provisions.
59
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 49 Chaney Burgess The bill became law on July 1,
2024.
OTHER RESOURCES:
U.S. Department of Labor Wage and Hour Division, Child Labor
Florida Department of Business & Professional Regulation, Child Labor
54
The prohibition on minors’ employment in the nonagricultural hazardous occupations applies even if the child is
employed by a parent. The conditions under which a registered apprentice or student learner may participate in
hazardous occupation tasks are described in 29 C.F.R. §570.50 (b) and (c).
55
Hazardous agricultural occupations are described in 29 C.F.R. §570.71; exemptions to the ban on children’s
employment in hazardous agricultural occupations are in 29 C.F.R. §570.72.
56
29 U.S.C. §213(c)(2).
57
These civil money penalties took effect on January 16, 2023, and are as adjusted for inflation as provided by the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (P.L. 114-74).
58
29 U.S.C. §217.
59
Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, Mar.8, 2023, at 17
https://crsreports.congress.gov/product/pdf/R/R42713 (last visited Mar. 26, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Industries & Professional Activities
Subcommittee
Anstead Thompson
Intergovernmental Affairs
Subcommittee
Commerce Committee