Virginia § 40.1-79.01 - Exemptions from chapter generally

§ 40.1-79.01. Exemptions from chapter generally

A. Nothing in this chapter, except the provisions of subsection A of § 40.1-100 and §§ 40.1-100.1, 40.1-100.2, and 40.1-103, shall apply to:

1. A child engaged in domestic work when such work is performed in connection with the child's own home and directly for his parent or a person standing in place of his parent;

2. A child employed in occasional work performed outside school hours where such work is in connection with the employer's home but not in connection with the employer's business, trade, or profession;

3. A child 12 or 13 years of age employed outside school hours on farms, in orchards, or in gardens with the consent of his parent or a person standing in place of his parent;

4. A child between the ages of 12 and 18 employed as a page or clerk for either the House of Delegates or the Senate of Virginia;

5. A child participating in the activities of a volunteer emergency medical services agency;

6. A child under 16 years of age employed by his parent in an occupation other than manufacturing; or

7. 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 U.S.C. § 220522.

B. Nothing in this chapter, except §§ 40.1-100.1, 40.1-100.2, and 40.1-103, shall be construed to apply to a child employed by his parent or a person standing in place of his parent on farms, in orchards or in gardens owned or operated by such parent or person.

C. Nothing in this chapter, except subsection A of § 40.1-100 and §§ 40.1-100.1, 40.1-100.2, 40.1-103, and 40.1-109.2, shall apply to a child engaged in the work of content creation as described in § 40.1-109.1. For the purposes of this subsection, a child engaged in the work of content creation shall not be considered to be "employed, permitted, or suffered to work" in any setting described in subsection A of § 40.1-100 solely due to such child's presence in such setting, provided that:

1. Such child is not exposed to a hazard capable of causing serious physical harm or death to such child in violation of § 40.1-100.1;

2. Such child is under the direct supervision of an adult who ensures compliance with all applicable safety requirements; and

3. Such child's engagement in the work of content creation does not require direct interaction with hazardous equipment or conditions.

1991, c. 511; 1998, c. 30; 2003, c. 380; 2015, cc. 502, 503; 2025, cc. 699, 705.