[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.103]

[Page 329-330]
 
                             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 G_General Statements of Interpretation of the Child Labor 
     Provisions of the Fair Labor Standards Act of 1938, as Amended
 
Sec. 570.103  Comparison with wage and hour provisions.

    A comparison of the child labor provisions with the so-called wage 
and hours provisions contained in the Act discloses some important 
distinctions which should be mentioned.
    (a) The child labor provisions contain no requirements in regard to 
wages. The wage and hours provisions, on the other hand, provide for 
minimum rates of pay for straight time and overtime pay at a rate not 
less than one and one-half times the regular rate of pay for overtime 
hours worked. Except as provided in certain exemptions contained in the 
Act, these rates are required to be paid all employees subject to the 
wage and hours provisions, regardless of their age or sex. The fact 
therefore, that the employment of a particular child is prohibited by 
the child labor provisions or that certain shipments or deliveries may 
be proscribed on account of such employment, does not relieve the 
employer of the duties imposed by the wage and hours provisions to 
compensate the child in accordance with those requirements.
    (b) There are important differences between the child labor 
provisions and the wage and hours provisions with respect to their 
general coverage. As pointed out in Sec. 570.114, two separate and 
basically different coverage provisions are contained in section 12 
relating to child labor. One of these provisions (section 12(c)), which 
applies to the employment by an employer of oppressive child labor in 
commerce or in the production of goods for commerce, is similar to the 
wage and hours coverage provisions, which include employees engaged in 
commerce or in the production of goods for commerce or employed in 
enterprises having employees so engaged. The other provision (section 
12(a)), however, differs fundamentally in its basic concepts of coverage 
from the wage and hours provisions, as will be explained in Sec. Sec. 
570.104 to 570.111.
    (c) Another distinction is that the exemptions provided by the Act 
from the minimum wage and/or overtime provisions are more numerous and 
differ from the exemptions granted from the child labor provisions. 
There are only four specific child labor exemptions of which only one 
applies to the minimum wage and overtime pay requirements as well. This 
is the exemption for employees engaged in the delivery of newspapers to 
the consumer. \3\ With this exception, none of the specific exemptions 
from the minimum wage and/or overtime pay requirements applies to the 
child labor provisions. However, it should be noted that the exclusion 
of

[[Page 330]]

certain employers by section 3(d) \4\ of the Act applies to the child 
labor provisions as well as the wage and hours provisions.
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    \3\ Section 13(d) of the Act.
    \4\ Section 13(d) defines ``employer'' to include ``any person 
acting directly or indirectly in the interest of an employer in relation 
to an employee but shall not include the United States or any State or 
political subdivision of a State, or any labor organization (other than 
when acting as an employer), or anyone acting in the capacity of officer 
or agent of such labor organization''.

[16 FR 7008, July 20, 1951. Redesignated at 28 FR 1634, Feb. 21, 1963. 
Redesignated and amended at 36 FR 25156, Dec. 29, 1971]

                        Coverage of Section 12(a)