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Virginia Administrative Code
Title 16. Labor And Employment
Agency 15. Department of Labor And Industry
Chapter 40. Virginia Hours of Work for Minors
6/19/2024

16VAC15-40-50. Exceptions.

This chapter does not apply whenever the Code of Virginia exempts a minor from hours-of-work limitations or provides different hours of work. These exemptions are as follows:

1. Minors employed in the following situations are exempt from hours-of-work limitations contained in 16VAC15-40-30 and 16VAC15-40-40:

a. A minor under 16 years of age may be employed by his parent, or a person standing in place of his parent, in a business owned by such parent or person, except in manufacturing.

b. A page or clerk for either the House of Delegates or the Senate of Virginia.

c. Domestic duties in and around a minor's own home when duties are performed directly for the minor's parent or other person standing in place of the parent.

d. Work performed for the state or any of its agencies, institutions, or political subdivisions, or any public body.

e. Theatrical performers, provided a theatrical permit is obtained from the Department of Labor and Industry.

f. Activities performed for a volunteer rescue squad.

g. A minor 14 or 15 years old employed to perform sports-attending services at professional sporting events (baseball, basketball, football, soccer, tennis, etc.) as defined in 16VAC15-40-10.

h. A child 12 years of age or older employed by an eleemosynary organization or unit of state or local government as a referee for sports programs sponsored by that eleemosynary, state, or local organization or by an organization of referees sponsored by an organization recognized by the United States Olympic Committee under 36 USC § 220522.

2. Minors engaged in occasional work performed around the home of the employer (not in connection with the employer's trade, business, or profession) may not work during school hours, but are otherwise exempt from the hours-of-work limitations contained in 16VAC15-40-30.

3. Minors 14 years and 15 years of age enrolled in a regular school work-training program in accordance with §§ 40.1-88 and 40.1-89 of the Code of Virginia may work during school hours as part of this program, but are otherwise subject to the hours-of-work limitations contained in 16VAC15-40-30 and 16VAC15-40-40.

4. Minors at least 12 years of age may deliver newspapers as early as 4 a.m., but are otherwise subject to the hours-of-work limitations contained in 16VAC15-40-30.

Statutory Authority

§ 40.1-80.1 of the Code of Virginia.

Historical Notes

Derived from VR425-01-80 § 5, eff. July 17, 1991; amended, Virginia Register Volume 16, Issue 18, eff. June 22, 2000; Volume 19, Issue 21, eff. August 1, 2003.

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