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Are Children 16 and under Subject to FSLA Performing Contract Work Texas

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  • Are Children 16 and under Subject to FSLA Performing Contract Work Texas

    I have an affiliate marketing sales company and have been considering whether to offer kids under 16 work at home jobs (under 5 hours per week - on the weekend). I'm concerned about whether this might violate FSLA laws or would they be exempt since they would be considered contract labor. Thanks for any guidance.

  • #2
    Work at home doing what?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thanks for the reply. The youth would be working at affiliate marketing which is basically blogging and putting links for his users to shop at places like Amazon, etc.

      Originally posted by Pattymd View Post
      Work at home doing what?

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      • #4
        Also known as Spam.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Ah, I've heard of it.

          But just in case this to 100% legit, the answer is no. Employees under age 16 are not automatically excluded from FLSA coverage due to their age. Nor is this a "work at home" scheme that automatically excludes them (under one of the arcane exceptions). If they don't meet the criteria for independent contractor status, then they are, by default, employees, just like an adult would be. You do know, of course, that persons under age 18 cannot be held to any contract or agreement you might "convince" (or the shortened version of the word) them to sign, right?

          http://www.irs.gov/pub/irs-pdf/p1779.pdf
          Last edited by Pattymd; 10-09-2010, 10:39 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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