Someone Hired My 12-Year Old Without My Consent
“You can’t regulate child labor.
You can’t regulate slavery.
Some things are just wrong.“
Michael Moore
As outrageous as this blog’s headline may sound, if you’ve ever been involved in farm work, you know that there seem to never been enough hands to carry the workload. What are the laws as it pertains to employing minors? And what age is too young to work? Can your minor child (under 16) be employed without your permission as legal guardian? Some of the Fair Labor Standards Act (FLSA) answers to these questions may surprise you.
2-Year Old Kids Can Be Farm Employees
May sound shocking, but technically according to the FLSA it is true. In fact, you may be surprised to know that there are no age requirements to work on a farm – as long as you are working for your parent of legal guardian. Kids of any age can legally be employed in any agricultural occupation on a farm owned and operated by their parent(s).
No Maximum Time Periods
In addition to no age restrictions for kids of farm owners, there are also no maximum work time regulations. In other words there is not a limitation to the number of hours kids can be asked to work in a day or a week.
When Not Employed By Parents
When your child is 16 years old, he or she will be eligible to work on a farm during school hours per the FLSA. At 14 years old, you child can work in agriculture outside of school hours (summer, before or after school, etc.).
12-Year Olds And Written Consent
Your child may actually legally work on a farm that’s not yours as early as age 12 under certain conditions.
- Condition 1 – Written parental consent
- Condition 2 – Parent/legal guardian also working at the same farm
Violations Of Child Labor Laws
If your child (under 14) has been solicited to work (on a farm or otherwise) the employer has violated state and federal employment and child labor laws. When written consent was not given and when you are not employed at the farm your child is working, you should not hesitate to call our firm.
The Tulsa labor law attorneys of Frasier, Frasier & Hickman LLP have an enduring history of fighting for the rights of working Oklahomans. If you have been the victim of labor law violations, let our team go to work on your behalf. You and your family many be entitled to compensation. For a free initial consultation with an Oklahoma labor law attorney at Frasier, Frasier & Hickman LLP call 918-779-3658 or contact us online