[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.5]

[Page 257-258]
 
                             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  Certificates of age and their effect.

    Authority: 29 U.S.C. 203(l), 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

[[Page 258]]

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 child labor under the Act if his 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.