MA · family-business carve-out for minor workers
Massachusetts 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. Massachusetts narrows that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how Massachusetts 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
- Narrowed by state
- State work permit required?
- Yes
- State hour caps apply?
- Yes
- State hazardous prohibitions
- Apply
- State statute
- M.G.L. c. 149 § 60 (Employment Permit requirement for 14-17); §§ 65-67 (hazardous occupations); §§ 86, 86A (hour caps and night-work); 454 CMR 27.07
- Last verified
Massachusetts vs the federal § 213(c)(1)(C) carve-out
Each row compares Massachusetts'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 | Massachusetts | Delta |
|---|---|---|---|
| Recognition of carve-out | Parent or in loco parentis, non-hazardous, non-mfg | Narrowed by state | Stricter than FLSA |
| State work permit required | Not required in parent-owned biz | Still required | Stricter than FLSA |
| State hour caps in parent-owned biz | Waived (no daily/weekly cap) | Still apply | Stricter than FLSA |
| Hazardous-occupations prohibitions | Federal HO-1 to HO-17 always apply | State HOs also apply | Stricter than FLSA |
Which family relationships qualify in Massachusetts
Massachusetts does not separately recognize a non-agricultural parent-owned-business carve-out from its Chapter 149 employment-permit or hour-cap rules. The state's carve-outs (newspaper delivery, agriculture under § 1, occasional/casual yard work) do not include parent-owned non-ag businesses.
How Massachusetts actually treats parent-owned businesses
Massachusetts requires an Employment Permit ("work permit") issued by the minor's superintendent of schools (or the Department of Labor Standards for out-of-school youth) for every minor age 14 through 17 in covered employment. Chapter 149 does NOT provide a parent-owned-business exemption from the permit requirement — a 14-year-old working at a family-owned restaurant, retail store, or service business in Massachusetts still needs a permit, and the §§ 86, 86A hour caps (3 hrs/school day, 18 hrs/school week, 6 hrs/Saturday for 14–15-year-olds; 9 hrs/day or 48 hrs/week with §§ 86A overall cap of 30 hrs/school week for 16–17-year-olds) and the 7 PM curfew (9 PM during the summer for 14–15; 10 PM on school nights, midnight on non-school nights for 16–17) apply equally. The § 1 "farm laborer" exclusion is agriculture-specific and does not extend to a parent-owned restaurant or retail business. The federal § 213(c)(1)(C) exemption does NOT preempt MA's more-protective state law (§ 218(a)). Federal hazardous orders HO-1 through HO-17 also apply, and MA's §§ 60-61 picker-machine and electrical-machinery prohibitions for under-16 apply in family businesses too.
Citation
M.G.L. c. 149 § 60 (Employment Permit requirement for 14-17); §§ 65-67 (hazardous occupations); §§ 86, 86A (hour caps and night-work); 454 CMR 27.07
Where to verify Massachusetts'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.