FL · family-business carve-out for minor workers
Florida family-business carve-out for minor workers
Federal FLSA § 213(c)(1)(C) exempts a minor working in a parent-owned, non-hazardous, non-manufacturing, non-mining business from the general 14-year minimum age and the standard hour caps for 14- and 15-year- olds. Florida broadens that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how Florida treats parent-owned businesses for minor workers: which family relationships qualify, whether a state work permit is still required, whether state hour caps still apply, how state hazardous-occupations prohibitions interact with the federal HO-1 to HO-17 list, and the exact state-code citation.
Quick facts
- Federal carve-out treatment
- Broadened by state
- State work permit required?
- No
- State hour caps apply?
- Waived in parent-owned biz
- State hazardous prohibitions
- Apply
- State statute
- Fla. Stat. § 450.012(1)(c); § 450.061
- Last verified
Florida vs the federal § 213(c)(1)(C) carve-out
Each row compares Florida's treatment of parent-owned businesses to the federal exemption under 29 USC § 213(c)(1)(C) and 29 CFR § 570.123. When the state is stricter, the state rule binds the employer; when the state is broader or silent, the federal floor still applies. Federal hazardous orders HO-1 through HO-17 always apply regardless of state law (the federal exemption never reaches mining, manufacturing, or HO-listed work).
| Dimension | Federal floor | Florida | Delta |
|---|---|---|---|
| Recognition of carve-out | Parent or in loco parentis, non-hazardous, non-mfg | Broadened by state | Broader than FLSA |
| State work permit required | Not required in parent-owned biz | Not required | Matches FLSA |
| State hour caps in parent-owned biz | Waived (no daily/weekly cap) | Waived | Matches FLSA |
| Hazardous-occupations prohibitions | Federal HO-1 to HO-17 always apply | State HOs also apply | Stricter than FLSA |
Which family relationships qualify in Florida
Parent OR person standing in the position of a parent (in loco parentis). § 450.012(1)(c) uses the phrase "his or her parent or person standing in loco parentis," extending beyond the federal § 213(c)(1)(C) parent-only language.
How Florida actually treats parent-owned businesses
Florida § 450.012(1)(c) exempts from Chapter 450 "a person under 18 years of age who is employed by his or her parent or person standing in loco parentis in an occupation not declared hazardous by Florida or federal law." Combined with Florida's 2003 abolition of state work permits for all minors generally (no certificate required for any minor in any employment in Florida), this means a minor of any age can work for a parent or in loco parentis in a Florida non-hazardous business with no state hour cap, no permit, and no curfew. The § 450.081 hour caps and the 2024 HB 49 curfew amendments do NOT apply to the family-business exemption. § 450.061 hazardous occupations (operating power-driven machines, slaughter, roofing, etc.) and federal HO-1 through HO-17 always apply regardless — the exemption never reaches "hazardous" work. Florida is one of a small group of states (with TX, ID, UT) whose family-business carve-out is broader than the federal floor, both in scope (no permit, no hour caps) and in qualifying relationships (in loco parentis included).
Citation
Fla. Stat. § 450.012(1)(c); § 450.061
Where to verify Florida's family-business treatment
Family-business carve-outs are interpreted by state labor agencies and can shift after legislative sessions. Before relying on these rules to hire a minor in a parent-owned business, confirm with the primary sources below.