US Dept. of Labor to re-post proposed change to Farm Child Labor Rule

The US Department of Labor announced in February that it will:

"re-propose the portion of its regulation on child labor in agriculture interpreting the 'parental exemption.' The decision to re-propose is in part a response to requests from the public and members of Congress that the agency allow an opportunity for more input on this aspect of the rule. . . .

The parental exemption allows children of any age who are employed by their parent, or a person standing in the place of a parent, to perform any job on a farm owned or operated by their parent or such person standing in the place of a parent. Congress created the parental exemption in 1966 when it expanded protections for children employed in agriculture and prohibited their employment in jobs the Department of Labor declared particularly hazardous for children under the age of 16 to perform.

The department recognizes the unique attributes of farm families and rural communities. The re-proposal process will seek comments and inputs as to how the department can comply with statutory requirements to protect children, while respecting rural traditions. The re-proposed portion of the rule is expected to be published for public comment by early summer. The department will continue to review the comments received regarding the remaining portions of the proposed rule for inclusion in a final rule."

Click here for the full text of USDOL's press release.

Update of Proposed Child Farm Labor Rules

From the Maryland Farm Bureau: Rep. Tom Latham (R-Iowa) on Friday introduced a measure that expresses the sense of the Congress that “the Secretary of Labor should recognize the unique circumstances of family farm youth and multi-generational family partnerships in agricultural operations when drafting regulations under the Fair Labor Standards Act.”

Latham’s legislation, co-sponsored by Rep. Dan Boren (D-Okla.), is a response to a proposal by the Department of Labor that would affect the ability of growers to hire youth, limit training offered by the Cooperative Extension Service and vocational educational programs such as 4-H and FFA and also potentially affect the existing family farm exemption. In addition, the new rules could prevent young people from doing other types of work that isn’t directly agricultural but related to agriculture, such as jobs connected with grain storage. Farmers and ranchers are worried that the proposed rules could significantly affect the way families work their operations. DOL is currently reviewing public comments on its proposal.

For more info on DOL's proposal, see MHC Legislative Blogpost of November 11. 2011

According to the American Horse Council, the United States Department of Labor (DOL) has proposed new child labor regulations applicable to agriculture. The proposed rule would place new limits on the work “hired farm workers” under 16 (and in some cases 18) would be allowed to do – and this could severely impact horse farms, auctions and sales that employ young people to work hands-on with horses.

Currently, young people under 16 are prohibited from working in most occupations. However, the Fair Labor Standard Act (FLSA), which established American child labor laws, includes an exemption for agriculture that allows children under 16 to work on farms and ranches.

“This proposed rule would radically restrict the work employed young people would be allowed to perform,” said AHC President Jay Hickey. “We are very concerned the DOL is attempting to so limit what young workers can do on farms and ranches that it would be impossible to usefully employ young people.”

The proposed rule would exclude employed workers under 16 from most animal husbandry activities such as breeding, vaccinating and treating sick or injured animals, including horses. It would prohibit teenagers under 16 from working near breeding stallions. The proposed rule would also prohibit workers under 16 from herding livestock from horseback or on a motorized vehicle (no gatoring of horses) or on foot in confined spaces such as pens or corrals. The operation of almost any type of tractor or power equipment would be prohibited. The proposed rule would prohibit employed workers under 18 from working in feed lots, stockyards, livestock exchanges or auctions. More on the proposed changes can be found on the AHC website.

“The DOL is saying most work around livestock is too dangerous for anyone under 16. I don’t believe most people who have grown up on a farm or ranch would agree with that opinion. These rules are so extreme operating a lawn mower wouldn’t be allowed,” said AHC Legislative Director Ben Pendergrass.

Ostensibly, the proposed new rules would not apply to young people working on farms and ranches owned or operated by their parents.

“While the ‘parental exemption’ is supposedly left intact we are concerned family farms and ranches that are owned as partnerships, even with other family members, such as grandparents, or bothers and sisters, or operated as LLCs would not qualify under the ‘parental exemption’ in these proposed rules,” said Pendergrass. “We don’t believe these proposed rules recognize the reality or traditions of agriculture. Basically if you have a nephew, niece or grandchild or other young person who is 15 and wants to work on your farm or ranch you can hire them, but there is not much farm work they would technically be allowed to do. We are also very concerned that these rules could bar anyone under 18 from working in any capacity at a horse sale or auction.”

It also does not apply to young people doing unpaid “chores” or recreational activities, but it is unclear whether work that receives compensation in the form of lessons or other farm services would be “paid” or “unpaid.” Some jurisdictions considered any compensation through services (such as lessons or board) to be taxable income.

Comments on these proposed new rules were due November 1, 2011. “The AHC and other agricultural industries have asked the DOL for a 60 extension of the comment period. It is unclear whether or not this extension will be granted,” said Hickey. “We are currently drafting comments to submit to the DOL, if anyone in the horse community has examples of how the proposed rule would impact their horse farm or ranch please email us at bpendergrass@horsecouncil.org”