KEY TAKEAWAYS:

  • Minors can work as independent contractors in specific roles such as delivering newspapers, babysitting, and performing in entertainment industries.
  • The Fair Labor Standards Act (FLSA) protects minors from hazardous and exploitative employment.
  • Minors who are independent contract workers are not protected by the Fair Labor Standards Act 

Can a Minor Be an Independent Contractor?

Yes, there are specific jobs that allow minors to work as an independent contractor. As an independent contractor, the employer is not required to meet minimum wage or allow employees to work without any workers' compensation coverage. Prior to accepting any employment as a minor, parents should visit the workplace, tour the parent route, and verify they have proper insurance coverage to cover any injury to their child. Examples of these jobs include:

  • Delivery of newspapers.
  • Babysitting.
  • Golf caddy (some restrictions usually apply.)
  • Lawn mowing, snow shoveling, yard work.
  • Actor or performer in television, movies, radio, or on stage.
  • Employment in businesses solely owned or operated by their parents.
  • Employment on a farm owned or operated by their parent

Child Labor Laws and Their Implications

Both federal and state laws govern the employment relationship between minors and employers. Under federal law, the U.S. Department of Labor (DOL) established child labor provisions through the Fair Labor Standards Act (FLSA). This provision outlines the legal age at which a minor can start work and the type of work they can perform.

The FLSA, however, does not currently extend to independent contractors.

Child labor laws vary by jurisdiction at the state level. However, the general rule is that where the state child labor law is less restrictive than the federal law, the federal law applies. Conversely, state law applies when a state child labor law is more stringent than federal law.

Fair Labor Standards Act (FLSA) and Its Role

The Fair Labor Standards Act (FLSA) is a federal regulation that protects minors from hazardous, oppressive, and exploitative working conditions. The FLSA sets age limits and maximum work hours and oversees the type of job and category of work minors work in. It also sets standards to ensure that work does not interfere with a minor's educational opportunities. These rules apply to both the agricultural and non-agricultural industries.

Employers whose hiring practices violate the FLSA could face a civil money penalty of more than $13,000 for each minor violation. Penalties for violations that result in death or severe injury can be up to $59,000. These penalties may double (to more than $118,000) when the violations are determined to be willful or repeated. an $118,000) when the violations are determined to be willful or repeated. 

Exemptions for Agricultural Jobs for Minors

The FLSA must be strictly adhered to. However, the act has several exemptions for minors working in agricultural-related jobs. This is because the FLSA recognizes the history of farming and the role that youth workers play. While most of the rules apply, there are more exceptions and allowances in place. Some of these exemptions and allowances include:

  • If the parents own or operate a farm, there are complete exemptions that allow the minor to work on the farm.
  • Minors between 14 and 15 years of age who are in a vocational agriculture program may take part in select hazardous jobs if it is instrumental in the training curriculum. It must be short in duration and be fully supervised. Training and consent must be given before operating the machinery.
  • Minors between 12 and 13 years of age may be hired for work that is non-hazardous and outside of school hours. The parents must also work on the farm or have parental consent in writing.
  • Minors between 10 and 11 years of age may be hired as hand-harvest laborers if a Department of Labor waiver has been granted. The minor may not work longer than eight weeks in a calendar year.

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Understanding Independent Contractor Status for Minors

Due to the gap in the FLSA, minors enter labor contracts. However, the contracts may later become voidable because, under contract law, minors do not have the legal capacity to enter them. Because of this, they have the right to disaffirm the contract and void their obligations at any time.

If a minor chooses to disaffirm a contract, the minor only needs to manifest the intention to rescind the contract, either by words or by actions. If a contract is disaffirmed, it must be disaffirmed in its entirety.

Labor Laws and Their Implications

The Fair Labor Standards Act (FLSA) sets the minimum age for employment (14 years for non-agricultural jobs), restricts the hours youth under the age of 16 may work, and prohibits youth under the age of 18 from being employed in hazardous occupations.

Work Restrictions for Teens (Ages 16-17)

Under the FLSA, youth workers between the age of  16 and 17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor.

Work Restrictions for Young Teens (Ages 14-15)

Workers aged 14-15 must adhere to stricter guidelines than workers in the 16-17 age group. Workers in this age group are prohibited from engaging in the following:

Workers aged 14-15 must adhere to stricter guidelines than workers in the 16-17 age group. Workers in this age group are prohibited from engaging in the following:

  • They may not work during school hours.
  • They may work no more than three hours on a school day, eight on a non-school day, eighteen in a school week, and forty in a non-school week.
  • They may work only between 7 a.m. and 7 p.m., except between June 1 through Labor Day, when they may work as late as 9 p.m.

Special Exemptions for Agricultural Jobs

As we previously noted, the FLSA recognizes the importance of farming and agriculture, as such, youth workers who work in this industry are governed by a different set of rules. The following applies:

  • Minors who are at least 16 years of age may perform any farm job, including agricultural occupations declared hazardous by the Secretary of Labor, at any time, including during school hours.
  • The minimum age for employment outside of school hours in any agricultural occupation except those declared hazardous by the Secretary of Labor is 14.
  • Minors aged 12 to 23 may be employed outside of school hours with written parental consent or on a farm where the minor’s parent or person standing in place of the parents is also employed.
  • Minors under 12 may be employed outside of school hours with parental consent on a farm where employees are exempt from the federal minimum wage provisions

Key Considerations for Parents and Employers

Business owners should not intentionally misclassify employees as contractors to evade FLSA regulations. If a business owner does engage in this deceptive practice, it will face hefty fines and penalties. 

Parents should also inspect their child’s working environment and ensure that the child is working under the terms ascribed in their employment contract and that the environment is safe.

Bottom-line on Independent Contracting for Minors

Minors may indeed work as independent contractors. However, they are not bound by the contract and may disaffirm it at any point during the contractual relationship. Hiring a minor as either an employee or an independent contractor requires both employers and business owners to adhere to federal and state rules. Knowing the rules surrounding this population will help ensure that the minor is working within the realms of the law and their industry type.

Frequently Asked Questions

Can a minor legally work as an independent contractor?

Yes, there are specific jobs that allow minors to work as independent contractors, but they must adhere to various legal restrictions and guidelines.

What types of jobs can minors do as independent contractors?

Minors can engage in certain types of non hazardous contract work, such as delivering newspapers, babysitting, acting or performing, and working in family-owned businesses or farms.

What are the key child labor laws affecting minor contractors?

Child labor laws vary by state and include restrictions on hours worked, types of permissible work, and the necessity of work permits.

How does the Fair Labor Standards Act (FLSA) impact minor contractors?

The FLSA sets conditions related to hiring minors, including work hours, types of work, and age-specific restrictions.

Are there special rules for minors working in agriculture?

Yes, several exemptions allow minors to work in agriculture, often with more flexibility than in other sectors.

What should parents consider before allowing their child to work as an independent contractor?

Parents should ensure the work environment is safe, verify insurance coverage, and understand the legal implications and restrictions.