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Code of Federal Regulations (Last Updated: October 10, 2024) |
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Title 29 - Labor |
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Subtitle B - Regulations Relating to Labor |
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Chapter V - Wage and Hour Division, Department of Labor |
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SubChapter A - Regulations |
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Part 570 - Child Labor Regulations, Orders and Statements of Interpretation |
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Subpart G - General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended |
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Coverage of Section 12(C) |
§ 570.112 - General.
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§ 570.112 General.
(a) Section 12(c) of the Act provides as follows:
No employer shall employ any oppressive child labor in commerce or in the production of goods for commerce or in an enterprise engaged in commerce or in the production of goods for commerce.
(b) This provision, which was added by amendments of 1949 and 1961 to the Act, broadens child labor coverage to include employment in commerce. Moreover, it establishes a direct prohibition of the employment of oppressive child labor in commerce or in the production of goods for commerce. The legislative history pertaining to this provision leads to the conclusion that Congress intend its application to be generally consistent with that of wage and hours coverage provisions. The application of the provision depends on the existence of two necessary elements:
(1) The employment of “oppressive child labor”[24] /> by some employer and
(2) the employment of such oppressive child labor in activities or enterprises which are in commerce or in the production of goods for commerce within the meaning of the Act.
[36 FR 25156, Dec. 29, 1971]