The Fair Labor Standards Act prohibits employers from employing any child under 18 years of age in occupations involved in the manufacture of clay construction products and of silica refractory products because they are considered to be particularly hazardous or detrimental to youth health or welfare. 29 CFR 570.64(a)
Exceptions
The following are exceptions from the prohibitions on occupations involved in the manufacture of clay construction products and of silica refractory products for youth who are 16 and 17 years old:
- occupations at clay construction product manufacturing establishment performed in:
- storage and shipping
- offices, laboratories, and storerooms
- drying departments of plants manufacturing sewer pipe
- occupations at silica brick or silica refractories performed in offices
Clay construction products
Clay construction products include, but are not limited to, the following:
- brick
- hollow structural tile
- sewer pipe and similar products
- refractories
- architectural terra cotta
- glazed structural tile
- roofing tile
- stove lining
- chimney pipes and tops
- wall coping
- drain tile
Clay construction products do not include non-structural-bearing clay products or non-clay construction products, such as:
- ceramic floor and wall tile
- mosaic tile
- glazed and enameled tile
- faience
- sand-lime brick
- glass brick
- non-clay refractories
Silica brick or other silica refractories
Silica brick or other silica refractories are refractory products made from raw materials containing free silica as their main component. 29 CFR 570.64(b)(2)
Age certification
Employers who employ minors are not in violation of the Fair Labor Standards Act’s child labor laws if they keep on file unexpired certificates of age for each minor employed which shows the minor is the appropriate age for the work being performed, even if the child turns out not to be the appropriate age. 29 US Code 203(l)(2); 29 CFR 570.5(a); 29 CFR 570.38; 29 CFR 570.121 For more information, visit our page on age certificates.
