Employment of Minors

Young workers have always been part of agriculture. Whether it’s a teenager helping with chores on the family farm, a neighbor’s child hired for the summer, or a high school student detasseling corn or working the harvest, farms across Ohio regularly rely on youth labor. That reliance raises a practical question for agricultural employers: before a minor can start working, does the law require a work permit?

For most Ohio employers, the answer is yes. For agricultural employers, however, the answer is usually no. This article walks through where Ohio’s work permit requirement comes from, what it is designed to accomplish, and the agricultural exemptions that remove the requirement in most farm employment situations.

Where the Rules Come From

Determining whether a young worker needs a work permit in Ohio requires looking to both federal and state law. Fortunately, the analysis is simpler than it might first appear: federal law is silent on work permit requirements, so there is no question of which law controls. The governing rules are found in Chapter 4109 of the Ohio Revised Code, the chapter of Ohio law that regulates the employment of minors.

The General Rule: A Work Permit Is Required

Under Ohio law, a minor generally may not begin working until he or she provides the employer with an age and schooling certificate, commonly known as a “work permit.” These permits serve several important protective purposes: they verify the minor’s age, safeguard school attendance, document parental consent, and help prevent the exploitation of young workers. 

The Agricultural Exemptions

For agricultural employers, the rules are different. Ohio law carves out meaningful exemptions for youth working in agriculture that effectively eliminate the work permit requirement in most farm employment situations.

The broadest exemption covers family farms. Under O.R.C. § 4109.06(A)(10), a minor employed on a farm operated by his or her parent, grandparent, or legal guardian (who does not reside in an agricultural labor camp) is exempt from Chapter 4109 in its entirety. Because the work permit requirement lives in that chapter, it simply does not apply to these young workers.

Even on farms not operated by a parent, grandparent, or guardian, youth agricultural workers remain exempt from the specific provisions that create and enforce the work permit requirement. Under O.R.C. § 4109.06(B)(3), farms employing these youth are not subject to:

• § 4109.02 – the requirement to obtain an age and schooling certificate
• § 4109.08 – enforcement of the certificate requirement
• § 4109.09 – the notice of nonuse obligation
• § 4109.11 – the related recordkeeping requirements

The bottom line: whether a young person is working on the family farm or hired by a neighboring operation, Ohio law does not condition agricultural employment on obtaining a work permit.

Final Thoughts

Work permits are only one piece of the labor law picture for agricultural employers. Even where the permit requirement does not apply, employers hiring young workers should make sure they remain compliant with other federal and state obligations, including:

• Ohio’s workers’ compensation insurance requirements
• Wage and hour requirements
• Hour restrictions for minors
• Hazardous job restrictions
• Workplace safety requirements
• Other recordkeeping requirements
• New employee verification