Can a 10-Year-Old Legally Have a Job? Federal Rules and Exceptions

Can a 10-year-old have a job? Under federal law, not a regular one. The Fair Labor Standards Act sets 14 as the minimum age for standard non-farm employment, so a 10-year-old cannot be hired at a restaurant, store, office, or almost any other typical workplace. A short list of exceptions does allow younger children to earn money: working for a parent-owned business, delivering newspapers, performing in entertainment, certain farm work, and casual jobs like babysitting or yard work that fall outside federal employment rules altogether.

Why 14 Is the Federal Floor

The FLSA defines “oppressive child labor” as employing anyone under 16 in most occupations, with limited carve-outs for 14- and 15-year-olds in non-hazardous work outside school hours.¹ Children under 14 cannot work in non-agricultural jobs covered by the FLSA at all.² So the real question for a parent is which specific exception, if any, fits the child’s situation.

Jobs a 10-Year-Old Can Legally Do

Working for a Parent’s Business

A child under 16 can work any hours in a business owned solely by their parent, or a partnership where both partners are the child’s parents. The work cannot involve manufacturing, mining, or any occupation the Secretary of Labor has declared hazardous.³ A parent who owns a small shop could have their 10-year-old stock shelves or help with light filing. This does not apply to corporations or to partnerships that include non-parent owners.

Delivering Newspapers

Newspaper delivery directly to consumers is exempt from all federal child labor rules with no minimum age.³ Traditional paper routes have shrunk, but the exemption still applies where the work exists. Some states set their own minimum ages for carriers, often between 10 and 14.

Acting and Performing

Children of any age may work as actors or performers in movies, television, radio, and theatrical productions.⁴ Federal law sets no hour limits, but most states cap the workday for child performers, often scaling by age.

Casual Work Outside the FLSA

Some activities fall outside federal employment rules entirely. The Department of Labor identifies minor chores around private homes and casual babysitting as work the FLSA does not cover.² A 10-year-old mowing a neighbor’s lawn, raking leaves, or watching a younger child for a few hours is not “employed” in the federal sense. This is where most 10-year-olds actually earn money. State laws can still set limits on this kind of work.

Farm Work Follows Different Rules

Agriculture has its own tier of restrictions, more permissive than other industries.

On a farm owned or operated by a parent, a child of any age can work any hours in any job, including tasks otherwise classified as hazardous.⁵

On someone else’s farm, a 10-year-old faces tighter rules. Children under 12 may work outside school hours with parental consent, but only on small farms where no employees are subject to the federal minimum wage.⁵ On larger farms covered by the FLSA, a 10- or 11-year-old can only work under a special waiver granted to the employer by the Secretary of Labor for hand-harvest labor on short-season crops, capped at eight weeks between June 1 and October 15.⁴ Even where farm work is permitted, children under 16 on a non-parent farm cannot perform any of the hazardous agricultural occupations, which include operating larger tractors, running certain machinery, handling toxic pesticides, or working at heights above 20 feet.⁶

Social Media and Content Creation

Family YouTube channels, TikTok accounts, and Instagram content featuring children under 14 have run ahead of the law. The FLSA exempts child performers from child labor restrictions, and the Department of Labor has indicated this exemption reaches influencers and online content creators. But the statute was written in 1938, and the fit is awkward when a parent is both the employer and the content producer.

Several states have moved to close the gap. California, Illinois, Minnesota, and Utah enacted laws between 2024 and 2025 targeting child influencer work. These generally require a trust account (similar to the Coogan accounts used for child actors) funded with a portion of the child’s earnings, mandate records of the child’s work time, and in some cases give the child the right to request deletion of content featuring them once they reach adulthood. If your 10-year-old appears in monetized content, check your state’s rules.

State Law Can Be Stricter

When federal and state child labor laws both apply, the stricter rule controls.² Federal exemptions are a floor. A state may set a higher minimum age for newspaper carriers, restrict child performers further, or tighten agricultural employment beyond federal requirements. A federal exemption does not automatically mean a 10-year-old can do the work where you live. The Department of Labor publishes state-by-state comparison tables worth reviewing before the child starts.⁷

Work Permits

Many states require a minor to obtain a work permit or age certificate before starting a job. The document confirms the child’s age and that the proposed work complies with labor laws.⁸ Requirements vary: some states mandate permits, others recommend them, and a few leave the choice to the employer. Getting a permit typically involves proof of age, parental consent, and a description of the job and schedule from the prospective employer, with issuance by school officials or the state labor department.

Taxes on a 10-Year-Old’s Earnings

Working for a Parent’s Business

When a child works for a sole proprietorship owned by a parent, or a partnership in which both partners are the child’s parents, the earnings are exempt from Social Security and Medicare taxes until the child turns 18, and from federal unemployment tax until the child turns 21. Income tax withholding still applies.⁹ These exemptions do not apply if the business is a corporation.

Babysitting and Yard Work

Money a child earns from babysitting, yard work, or selling homemade crafts is generally self-employment income. If net earnings from self-employment reach $400 or more in a tax year, the child owes self-employment tax on those earnings.¹⁰ Below $400, no self-employment tax is due. Most 10-year-olds won’t hit that threshold, but a busy summer of lawn jobs could.

What Employers Face for Breaking the Rules

Federal civil penalties for child labor violations apply per child affected. As of January 2025, employing a minor in violation of the rules can cost up to $16,035 per child; a violation causing serious injury or death, up to $72,876; and a willful or repeated violation causing serious injury or death, up to $145,752.¹¹ Willful violations can also carry criminal fines and, on a second conviction, imprisonment.¹²

These penalties target employers. A parent who hires their own 10-year-old within a legal exemption faces no penalty. An employer who puts a 10-year-old on the schedule at a covered workplace is looking at five-figure fines per child, and state penalties often stack on top.

1
Legal Information Institute. 29 USC 203(l) – Oppressive Child Labor
2
U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations
3
U.S. Department of Labor. FLSA – Child Labor Rules Advisor – Complete Child Labor Exemptions
4
Office of the Law Revision Counsel. 29 USC 213 – Exemptions
5
U.S. Department of Labor. Fact Sheet 40 – Overview of Youth Employment Provisions of the FLSA for Agricultural Occupations
6
U.S. Department of Labor. FLSA – Child Labor Rules – Agricultural Hazardous Occupations
7
U.S. Department of Labor. State Child Labor Laws Applicable to Agricultural Employment
8
U.S. Department of Labor. Employment/Age Certificate
9
Internal Revenue Service. Family Employees
10
eCFR. 26 CFR 1.1402(b)-1 – Self-Employment Income
11
U.S. Department of Labor. Civil Money Penalty Inflation Adjustments
12
Office of the Law Revision Counsel. 29 USC 216 – Penalties