PA · family-business carve-out for minor workers
Pennsylvania 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. Pennsylvania narrows that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how Pennsylvania 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
- 43 P.S. § 40.1 (definitions, casual/domestic carve-out); § 40.3 (LLC-1 General Work Permit); § 40.7 (hour caps); 34 Pa. Code Ch. 11
- Last verified
Pennsylvania vs the federal § 213(c)(1)(C) carve-out
Each row compares Pennsylvania'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 | Pennsylvania | 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 Pennsylvania
Pennsylvania's family carve-outs in the Child Labor Act of 2012 cover family-farm work, domestic service in a private home, babysitting, and casual occasional yard work — they do NOT extend to a parent-owned non-agricultural business. A 14-year-old working at a family restaurant or family retail business is subject to the same LLC-1 work permit, hour caps, and night-work restrictions as a 14-year-old at any other employer.
How Pennsylvania actually treats parent-owned businesses
Pennsylvania's Child Labor Act of 2012 requires the General Work Permit (Form LLC-1) for every minor 14–17 in covered employment. § 40.1's carve-outs from "employment" are narrowly drawn — domestic service in a private home, casual or intermittent work for a single person, household chores not in connection with a trade or business, newspaper delivery, baby-sitting, and family-farm work — and do NOT include parent-owned non-agricultural commercial businesses. § 40.7 hour caps (4 hrs/school day, 18 hrs/school week, 8 hrs/non-school day, 44 hrs/non-school week for 14–15-year-olds; 8 hrs/school day, 28 hrs/school week, 10 hrs/non-school day, 48 hrs/non-school week for 16–17 with parental permission) apply equally to family-owned commercial businesses, as do the 7 PM curfew (10 PM in summer for 14–15) and the 12 AM curfew on non-school nights for 16–17. The federal § 213(c)(1)(C) parent-owned-business exemption does NOT preempt PA's more-protective state law under § 218(a). Federal hazardous orders HO-1 through HO-17 also apply, and 34 Pa. Code Ch. 11 carries state-level hazardous prohibitions on top of the federal list.
Citation
43 P.S. § 40.1 (definitions, casual/domestic carve-out); § 40.3 (LLC-1 General Work Permit); § 40.7 (hour caps); 34 Pa. Code Ch. 11
Where to verify Pennsylvania'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.