youth labor
On April 9, 2025, the Ohio House of Representatives passed its version of the state’s biennial budget, also known as House Bill 96, which introduces substantial revisions to Ohio’s pesticide application laws. These updates aim to bring the state into closer alignment with current federal regulations and carry significant implications—particularly for family farms that involve youth workers. As the school year ends and more minors begin working regularly on farms, the timing of these proposed changes raises concerns about how they may limit the roles young people can legally perform—especially when it comes to pesticide-related tasks.
Changes on the Horizon?
One of the most notable changes is the proposed restriction that only licensed commercial or private pesticide applicators may “use” Restricted Use Pesticides (“RUPs”). This would eliminate the previous allowance for trained service persons, immediate family members, or employees to apply RUPs under the direct supervision of a licensed applicator.
Additionally, House Bill 96 expands the definition of “use” of RUPs to include not only the act of application but also:
- Pre-application activities such as mixing and loading;
- The application itself, performed by a licensed commercial or private applicator;
- Other pesticide-related tasks, including transporting or storing opened containers, cleaning equipment, and disposing of leftover pesticides, spray mixtures, rinse water, containers, or any materials containing pesticides.
The bill makes clear that no individual may use RUPs unless they are properly licensed under Ohio law, reinforcing the importance of formal certification for anyone involved in pesticide handling.
What Does this Mean for Youth on the Farm?
Under current Ohio law, immediate family members—including minors—are permitted to apply RUPs as long as they are under the direct supervision of a licensed applicator. For years, agricultural families have relied on this exemption to allow youth to assist with farm duties involving pesticide use. However, the proposed changes in House Bill 96 would eliminate this exception by requiring that anyone handling RUPs be individually licensed. Because Ohio law mandates that pesticide applicators be at least 18 years old, minors would no longer be permitted to perform any pesticide-related tasks, even under direct supervision. Of course, this provision is not just geared toward youth on the farm—it also affects employees and trained service persons who previously operated under a licensed applicator’s supervision. If the proposed changes go through, a violation of the law could result in significant civil penalties.
Given the proposed changes in House Bill 96, it’s an appropriate time to take a broader look at the full range of youth labor regulations that apply to farm work. While pesticide use is just one area impacted by legal restrictions, there are numerous federal and state laws that govern what tasks minors can perform, what equipment they can operate, and how many hours they can legally work—especially during the school year versus summer months. These rules can vary based on the age of the minor and their relationship to the farm owner. With regulatory changes potentially tightening in one area, it’s essential for farm families and employers to ensure they are in compliance across the board to avoid penalties and ensure safe, lawful participation of youth in agricultural work. Read more about employing youth on the farm here.
Next Steps
Farm families and employers should begin preparing for the upcoming changes to Ohio’s pesticide rules. While these changes aren't law yet—they won’t take effect until the Governor signs the bill—they are needed to align Ohio’s regulations with federal law. If Ohio wants to keep its authority to enforce the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), these updates are a forgone conclusion.
To review the specific pesticide-related provisions in House Bill 96, begin on page 903 of the bill text. Alternatively, for an overview of the proposed budget and potential changes, you can consult the summary prepared by the Ohio Legislative Service Commission.
Tags: pesticides, restricted use pesticides, youth labor, Labor and Employment, minors on the farm, pesticides and minors.
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Written by Peggy Kirk Hall and Jeffrey K. Lewis
School is out and youth employment is in. As more and more youth turn to the job market during summer break, now is a good time to review the laws that apply to youth working in agricultural situations. Here’s a quick refresher that can help you comply with youth employment laws. For additional details and explanation, refer to our law bulletin on “Youth Labor on the Farm: Laws Farmers Need to Know.”
- The agricultural “exemption” applies only to your children and grandchildren. Many farmers know that there are unique exemptions for agricultural employers when it comes to employment law. Youth employment is no different. In Ohio, youth employment laws do not apply to children working on a farm owned or operated by their parent, grandparent, or legal guardian. This means that your children, grandchildren, and legal guardianship children working on farms you own or operate may perform tasks that are considered “hazardous,” receive a wage less than federal and state minimum wage and work longer hours. Keep in mind that this exemption does not apply to youth who are your cousins, nieces, nephews, and other extended family members—those family members are subject to youth employment laws.
- Lawn mowing and similar tasks are special. Ohio Revised Code § 4109.06(9) explicitly states that youth engaged in “lawn mowing, snow shoveling, and other related employment” are not subject to Ohio’s youth employment laws. This means that farms may hire youth to mow the grass and do similar tasks around the farm without having to comply with labor laws regarding working hours and wage requirements.
- Treat youth like adults for verification, workers compensation and taxes. The law doesn’t deal with youth uniquely when it comes to Form I-9 employment verification, workers compensation coverage, and withholding taxes. A farm employer must complete these same requirements for youth employees.
- Don’t start them too young. Minimum working age is a tricky area of law. Federal law allows youth under the age of 14 to be employed as long as certain requirements are met, such as having written parental consent and limiting work hours and tasks. States may preempt federal law by being more restrictive. Ohio law, however, doesn’t address youth under 14 and doesn’t explicitly permit or prohibit them from being employed. Be aware that the Ohio Department of Commerce has stated that it interprets this silence in Ohio law as a prohibition against employing youth under 14. This creates a compliance risk for employers who want to employ a youth under 14, as Ohio may deem that a violation of state law. Before hiring youth under 14 for jobs other than the specifically exempted tasks of lawn mowing, snow shoveling or similar work, consult with your attorney.
- Keep younger youth away from “hazardous” jobs. State and federal laws are clear on this point: youth under the age of 16 cannot perform “hazardous” tasks. This restriction includes operating heavy machinery with moving parts, working inside silos and manure pits, handling toxic chemicals, working with breeding livestock, sows and newborn calves, and other dangerous tasks. An exception is that 14- and 15-year-olds may operate tractors and other machinery if they have a valid 4-H or vocational agricultural certificate of completion for safe tractor and machine operation. See the complete list of prohibited hazardous tasks in our law bulletin on “Youth Labor on the Farm: Laws Farmers Need to Know.”
- Don’t make them work too early or too late. During the summer months, youth between 16 and 18 years of age may work as early or as late as needed. Youth under the age of 16, however, may not start work before 7 am or work past 9 pm.
- Give the kids a break. If youth are working longer hours, you must give them a break from working. All youth under the age of 18 must receive a 30-minute break for every 5 hours worked.
- Know how much to pay. If a farm grossed less than $323,000 in 2020, the employer must pay employees the federal minimum wage of $7.25 per hour. If the farm grossed more than $323,000 then the employer must pay employees the Ohio minimum wage of $80. Two exemptions allow a farmer to pay less than both the federal and state minimum wage to youth. If the farm is owned or operated by a youth’s parent, grandparent, or legal guardian the minimum wage requirements do not apply. Second, if the farm is a “small farm,” which means that the farm did not use more than 500 man-days of agricultural labor during any calendar quarter of the preceding year, then the farm is not required to pay the federal or state minimum wage to any youth employed on the farm.
- Sign a wage agreement. This requirement catches many employers off guard. Ohio law requires that before any youth can begin work, the youth and the employer must sign a wage agreement. Be sure to keep this signed agreement with the youth’s employment records. A sample wage agreement from the Ohio Department of Commerce is available here.
- Do your recordkeeping. Just as you would with other employees, maintain a file on each of your youth employees. The file should include the youth’s full name, permanent address, and date of birth, the youth’s wage agreement, and any 4-H or vocational agricultural certificates. Also keep time slips, payroll records, parental consent forms, and name and contact information of youth’s parent or legal guardian.
Summer is a hot time to employ our youth and school them about farming and farm-related businesses. But don’t let legal compliance ruin your summer fun. If you have youth working on the farm and have concerns about any of the items in this quick overview, be sure to talk with your attorney. Doing so will ensure that the summer job is a good experience for both you and your young employees.
Tags: employment law, youth employment, youth labor, Fair Labor Standards Act, wage and hours, minimum wage
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When kids head back-to-school, it's time for farmers to do some homework and recall the rules that apply to youth working on farms during the school year. Once school is in session, Ohio labor laws place restrictions on the times of day and number of hours that youth under the age of 18 can work on a farm. The laws don’t apply to parents, grandparents, or legal guardians, however. For other farm employers, be aware that the laws vary according to the age of the minor and some require written parental consent. Here’s a quick refresher:
16 and 17 year olds
- Cannot work before 7:00 a.m. on school days, with the exception that they can work starting at 6:00 a.m. if they were not working past 8:00 p.m. the night before.
- Cannot work after 11:00 p.m. on a school night, which means a night when the minor has school the next day.
- No daily or weekly limits on the number of hours the youth can work.
14 and 15 year olds
- Cannot work during school hours while school is in session.
- Cannot work before 7:00 a.m. or after 7:00 p.m., but can work until 9:00 p.m. from June 1 to September 1 or during any school holiday or break lasting more than 5 weekdays.
- Cannot work more than 3 hours during a school day or more than 8 hours during a non-school day.
- Cannot work more than 18 hours in a week while school is in session, unless the job is part of a work education program such as vocational training or work study.
12 and 13 year olds
- The same time restrictions and daily and weekly hour limits for 14 and 15 year olds (above) apply to 12 and 13 year olds, but there is no exception to the 18 hour weekly limit for vocational training or work study programs.
- Employer must obtain written parental consent for the youth to be working, unless the youth’s parent or legal guardian also works on the same farm.
Under 12 years old
- Can only work on a farm where employees are exempt from the federal minimum wage, which includes a farms of an immediate family member or a “small farm” that used fewer than 500 “man days” of agricultural labor in any calendar quarter the preceding year. A “man day” is a day during which an employee performs agricultural work for at least one hour.
- Exception to the above: local youths 10 and 11 may hand harvest short-season crops outside school hours for no more than 8 weeks between June 1 and October 15 if their employers have obtained special waivers from the U.S. Secretary of Labor.
- The same daily time restrictions and daily and weekly hour limits for 14 and 15 year olds (above) apply to youth under 12 years old, but there is no exception to the 18 hour weekly limit for vocational training or work study programs.
- Employer must obtain written parental consent for the youth to be working.
The other labor laws that typically apply to youth doing agricultural work on a farm continue to apply throughout the school year. For example, employers must maintain records for youth employees, provide a written agreement of compensation and a statement of earnings on payday, and a 30 minute rest period if the youth works more than five consecutive hours. An employer can’t assign any youth under the age of 16 with a “hazardous” job or task unless the youth is 14 or 15 and has a certificate of completion for tractor or machine operation. Further information about these and other laws that apply to youth under 18 working on a farm is in our new Law Bulletin, Youth Labor on the Farm: Laws Farmers Need to Know, available here.
