WA · family-business carve-out for minor workers
Washington 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. Washington narrows that carve-out, and whichever rule is stricter binds the employer (FLSA § 218(a)). This page covers how Washington 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
- RCW 49.12.121 (employment of minors); WAC 296-125-030 (Minor Work Permit); WAC 296-125-0287 (hours and prohibited occupations)
- Last verified
Washington vs the federal § 213(c)(1)(C) carve-out
Each row compares Washington'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 | Washington | 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 Washington
Washington's general youth-employment regulations (WAC 296-125) apply to a minor working in a parent-owned non-agricultural business — the WAC does not carry a parent-owned-business exemption from the Minor Work Permit, the hour caps, or the time-of-day restrictions. The narrow carve-outs cover newspaper delivery, casual yard work, and family-farm work, not parent-owned non-ag commercial businesses.
How Washington actually treats parent-owned businesses
Washington requires the employer to obtain a Minor Work Permit endorsement from the Department of Labor & Industries before employing any minor under 18 — there is no parent-owned-business carve-out in RCW 49.12.121 or WAC 296-125-030. The under-16 hour caps (3 hrs/school day, 16 hrs/school week, 8 hrs/non-school day, 40 hrs/non-school week) and 16–17 caps (4 hrs/school day, 20 hrs/school week, 8 hrs/non-school day, 28 hrs/non-school week — increased to 48 hrs in agriculture only) apply equally to family-owned restaurants, retail, and service businesses, as do the school-year curfew (7 PM/9 PM summer for 14–15; 10 PM school nights, 12 AM non-school for 16–17). The federal § 213(c)(1)(C) parent-owned-business exemption does NOT preempt the state's more-protective Minor Work Permit and hour caps under § 218(a). Federal hazardous orders HO-1 through HO-17 also apply.
Citation
RCW 49.12.121 (employment of minors); WAC 296-125-030 (Minor Work Permit); WAC 296-125-0287 (hours and prohibited occupations)
Where to verify Washington'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.