OH · family-business carve-out for minor workers
Ohio 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. Ohio broadens that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how Ohio 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
- Ohio Revised Code §§ 4109.06, 4109.07 (exemptions from Age and Schooling Certificate); § 4109.02 (hazardous occupations)
- Last verified
Ohio vs the federal § 213(c)(1)(C) carve-out
Each row compares Ohio'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 | Ohio | 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 Ohio
Ohio's § 4109.06 family carve-out covers a minor who is a member of the household of the operator AND the operator is the minor's parent, grandparent, or guardian — broader than the federal § 213(c)(1)(C) parent-only language, which does not extend to grandparents.
How Ohio actually treats parent-owned businesses
Ohio Revised Code § 4109.06 exempts a minor who is a member of the household of the operator (where the operator is the minor's parent, grandparent, or guardian) from the chapter's age, hour, and Age and Schooling Certificate requirements — extending the federal § 213(c)(1)(C) carve-out by including grandparents. Ohio's broader carve-out at § 4109.07 also exempts minors employed in occasional or casual work, newspaper delivery, and certain other narrow categories. For a parent-owned or grandparent-owned non-agricultural business in Ohio, no state Age and Schooling Certificate is required, and the state's hour caps under § 4109.07 (3 hrs/school day, 18 hrs/school week, 8 hrs/non-school day, 40 hrs/non-school week for under-16) do not apply to the household-employed minor. Federal hazardous orders HO-1 through HO-17 always apply, as does Ohio's hazardous-occupations list at § 4109.02 — the exemption never reaches mining, manufacturing, or HO-listed occupations.
Citation
Ohio Revised Code §§ 4109.06, 4109.07 (exemptions from Age and Schooling Certificate); § 4109.02 (hazardous occupations)
Where to verify Ohio'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.