A r c h i v e d  I n f o r m a t i o n

Managing Volunteers Within the Law

Child Labor Laws

Child labor laws can restrict minors? volunteer service. In the interest of protecting children, U.S. Department of Labor staff may consider some forms of volunteer service to be employment for purposes of the federal child labor law. Even though the child labor law is part of the Fair Labor Standards Act, which generally does not apply to volunteers, the justification for applying the child labor rules to volunteers is stronger than the justification for applying the minimum wage and maximum hour rules.

In light of this uncertainty, some volunteerism experts recommend that organizations design service assignments for young volunteers to comply with the child labor restrictions regarding hazardous occupations, licensing, parental consent, and working hours.[41]

Federal child labor protections do not pose the only obstacle to programs enlisting the service of minor volunteers. Each state enforces its own child labor provisions, some of which impose restrictions more severe than federal law. The New York State Department of Labor advises that employment certificates should be obtained by workers under 18 years of age whether in paid employment or in volunteer service.[42] Because each state?s law is unique, you should check with your state labor department if in doubt.


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