Child Labor and Youth Workers on Urban Farms: What the Federal Rules Say
When these rules apply
These federal rules are about employment. The FLSA defines “employ” as including “to suffer or permit to work,” so a youth program that pays a stipend or a wage, or that has young people do regular farm work, should check whether they count as employees. Our guide to employment law for urban farms and gardens explains how that question is decided. They also apply to work that is “agriculture” as the Act defines it: farming in all its branches, including the cultivation and tillage of the soil and the raising of livestock, bees, fur-bearing animals or poultry. Retail and other non-farm jobs follow different rules.
Age rules for farm work
Section 213(c) of the FLSA (29 U.S.C. § 213(c)) sets when the general child labor provisions do not apply to farm work outside the hours the child’s school district is in session:
| Age | When it is allowed | Limit |
|---|---|---|
| Under 12 | Working for a parent (or person standing in a parent’s place) on that farm; or, with a parent’s consent, on a farm where no employee must be paid the federal minimum wage. | Narrow. The Secretary of Labor may waive the rules for up to eight weeks a year for 10- and 11-year-old hand harvesters on a piece-rate basis, under conditions. |
| 12 and 13 | With a parent’s consent, or when a parent works on the same farm. | Not allowed in hazardous work (below). |
| 14 and older | Outside school hours. | Under 16: not allowed in hazardous work unless on a parent’s own farm. |
The exception for a parent’s farm is narrow: it covers a child employed by a parent, or by a person standing in the parent’s place, on a farm that person owns or operates. It does not cover a neighbor, a relative who is not in a parent’s place, or a community garden run by an organization.
Work that is off limits under 16
The Department of Labor’s regulation 29 CFR § 570.71(a) lists farm jobs it has found particularly hazardous for children under 16. The list includes:
- operating a tractor over 20 PTO horsepower, or attaching or detaching implements to one;
- operating or helping with certain field machines (such as combines and hay balers) and other machines, including trenchers, forklifts and power-driven saws;
- working in a pen or stall with a breeding bull, boar or stud horse, or a sow with piglets or a cow with a newborn calf;
- felling or handling timber with a butt diameter over 6 inches;
- working on a ladder or scaffold at a height over 20 feet;
- driving a vehicle carrying passengers, or riding on a tractor as a passenger or helper;
- working inside oxygen-deficient or toxic storage, certain silos or manure pits;
- handling or applying Category I or II agricultural chemicals under FIFRA, or blasting agents;
- transporting, transferring or applying anhydrous ammonia.
On a typical urban site, the items most likely to matter are power tools such as saws, ladders over 20 feet, vehicles and pesticides.
Training exceptions for 14- and 15-year-olds
29 CFR § 570.72 gives limited exceptions for young people in recognized training. Under it, 4-H members and vocational agriculture students who are 14 or older can operate a tractor, and with more training machinery, after completing approved courses (for 4-H, a 10-hour tractor program and a written test; for vocational agriculture, a 15-hour program), with a signed certificate kept on file by the employer. The employer must instruct the child on the specific equipment and supervise closely. Student-learners may also do some listed hazardous work under a written agreement that says the work is incidental to training, intermittent and under direct supervision. The text we read shows no current edition date, so check the current e-CFR before relying on it.
Checking a youth program
- Are the young people paid in any way (wages, stipends, a work-training payment)?Yes: treat them as possible employees and go to step 2. No: they may be volunteers; see step 5.
- Is the work farming as the law defines it?Yes: the farm rules above apply. No: other child labor rules, which are stricter, may apply; ask the labor agency.
- How old is each participant, and is it outside school hours?Use the age table. Go to step 4.
- Does any task appear on the hazardous list?Yes, and under 16: remove the task, unless a training exception or a parent’s farm applies. No: go to step 5.
- Did you check your state’s child labor, work permit and hours rules?No: call the state labor department. Yes: record ages, hours and tasks, and keep parental consent forms.
Volunteering by youth
Unpaid youth volunteers are usually treated differently from employees, but there is no single federal rule we could confirm for minors. The risk depends on whether the activity is really volunteering, as discussed in our volunteer liability guide. Many organizations ask a parent or guardian to sign a consent form, keep adults supervising and keep young volunteers away from the hazardous tasks listed above. Ask your insurer in writing whether minors are covered.
Frequently asked questions
How old do you have to be to work on a farm?
Under federal law, a worker 14 or older can do non-hazardous farm work outside school hours. Younger children have narrower options; 12- and 13-year-olds need a parent’s consent or a parent on the same farm. Your state may set higher ages.
Can a 15-year-old operate a tractor?
Not by default: operating a tractor over 20 PTO horsepower is on the hazardous list for under 16. A 4-H or vocational agriculture student who is 14 or older may do so after approved training and certification, with the employer’s instruction and supervision.
Does the parent’s farm exemption cover my child at our community garden?
No. It applies to work for a parent (or someone standing in a parent’s place) on a farm that person owns or operates.
Do these rules apply to unpaid youth volunteers?
They apply to employment. Whether a young person is a volunteer or an employee depends on the facts; see our employment guide.
Can teenagers handle pesticides?
Under 16, handling or applying Category I or II agricultural chemicals (under FIFRA) is on the hazardous list. Check product labels and your state rules for older teens.
Do state laws matter?
Yes. States can set stricter ages, hours and work permit rules. We did not verify individual states, so ask your state labor department.
Official sources
- Fair Labor Standards Act, 29 U.S.C. §§ 203 and 213(c)
- 29 CFR § 570.71, Occupations involved in agriculture (hazardous for children under 16)
- 29 CFR § 570.72, Exemptions (4-H, vocational agriculture, student-learners; text shows no current edition date)