[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.5]

[Page 285-286]
 
                             TITLE 29--LABOR
 
                        CHAPTER V--WAGE AND HOUR
                                DIVISION,
                           DEPARTMENT OF LABOR
 
PART 570--CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION--Table of Contents
 
                     Subpart B--Certificates of Age
 
Sec. 570.5  Authorized certificates and their effect.

    Authority: Secs. 3, 11, 12, 52 Stat. 1060, as amended, 1066, as 
amended, 1067, as amended; 29 U.S.C. 203, 211, 212.

    Source: 41 FR 26835, June 29, 1976, unless otherwise noted.


    (a) To protect an employer from unwitting violation of the minimum 
age standards under the Act, section 3(1) of the Act provides that 
``oppressive child labor shall not be deemed to exist by virtue of the 
employment in any occupation of any person with respect to whom the 
employer shall have on file an unexpired certificate issued and held 
pursuant to regulations of the Secretary of Labor certifying that such 
person is above the oppressive child-labor age.'' The provisions of this 
subpart provide for age certificates based on the best available 
documentary evidence of age. Certificates issued and effective pursuant 
to this subpart furnish an employer with proof of the age of a minor 
employee upon which he may rely in determining whether the minor is at 
least the minimum age for the occupation in which he is to be employed.
    (b) The employment of any minor shall not be deemed to constitute 
oppressive shild labor under the Act if his

[[Page 286]]

employer shall have on file an unexpired certificate, issued and held in 
accordance with this subpart, which shall be either:
    (1) A Federal certificate of age, issued by a person authorized by 
the Administrator of the Wage and Hour Division, showing that such minor 
is above the oppressive child-labor age applicable to the occupation in 
which he is employed, or
    (2) A State certificate, which may be in the form of and known as an 
age, employment, or working certificate or permit, issued by or under 
the supervision of a State agency in a State which has been designated 
for this purpose by the Administrator showing that such minor is above 
the oppressive child-labor age applicable to the occupation in which the 
minor is employed. States so designated are listed in Sec. 570.9(a). Any 
such certificate shall have the force and effect specified in 
Sec. 570.9.
    (c) The prospective employer of a minor, in order to protect himself 
from unwitting violation of the Act, should obtain a certificate (as 
specified in paragraphs (b) (1) and (2) of this section) for the minor 
if there is any reason to believe that the minor's age may be below the 
applicable minimum for the occupation in which he is to be employed. 
Such certificate should always be obtained where the minor claims to be 
only 1 or 2 years above the applicable minimum age for the occupation in 
which he is to be employed. It should also be obtained for every minor 
claiming to be older than 2 years above the applicable minimum age if 
his physical appearance indicates that this may not be true.