MO · family-business carve-out for minor workers
Missouri 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. Missouri broadens that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how Missouri 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
- RSMo § 294.011 (definition of "employ" — parent-owned-business exclusion); § 294.040 (hazardous occupations)
- Last verified
Missouri vs the federal § 213(c)(1)(C) carve-out
Each row compares Missouri'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 | Missouri | 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 Missouri
Missouri's § 294.011 definition of "employ" expressly excludes "any child working for the child's parents in any occupation except those covered by federal child labor laws or those declared hazardous by the director" — covering parent-owned non-agricultural businesses under direct parental control. The broader carve-out includes occasional yard/farm work with parental consent.
How Missouri actually treats parent-owned businesses
Missouri's Child Labor Act at § 294.011 excludes from the definition of "employ" (and thus from the act's entire reach) "any child working for the child's parents in any occupation except those covered by federal child labor laws or those declared hazardous by the director." For a parent-owned non-agricultural business in Missouri, no Work Certificate is required, the state's § 294.030 hour caps do not apply, and no state time-of-day restrictions apply — provided the child works directly for the parent. Federal hazardous orders HO-1 through HO-17 always apply, and Missouri's hazardous-occupations rules at § 294.040 (which the Director of Labor may declare hazardous) carry through regardless of parent ownership — mining, manufacturing, and HO-listed occupations remain prohibited for under-16/under-18 as applicable.
Citation
RSMo § 294.011 (definition of "employ" — parent-owned-business exclusion); § 294.040 (hazardous occupations)
Where to verify Missouri'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.