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Children in the Fields

Fair Labor Standards Act of 1938 Provides Inadequate Protection for Farmworker Children

Email Rep. Tom Lantos about the "Young American Workers Bill of Rights"

Email your own House Representative about this bill

 

For additional information on the Fair Labor Standards Act, contact:

Diane Mull

Executive Director

Association of Farmworker Opportunity Programs

 

Problem:

  • Child labor provisions are divided into two categories: agricultural and non-agricultural labor.
  • Minors working in agriculture are less protected from exploitation and more exposed to hazardous employment which threatens their health, safety, education, and well-being.

Status:

  • A migrant farmworker child can be employed in agriculture even if younger than 12 years of age.
  • Even without parental consent, 10- and 11-year-old migrant farmworker children can be used as hand-harvesters if the farm gets a waiver form from the U.S. Department of Labor.
  • A migrant farmworker child can work in agriculture more than 40 hours a week, even during the school term.
  • A migrant farmworker child can work an unlimited number of hours performing agricultural services before school.
  • A migrant farmworker child 14 years old or younger can use knives, machetes, operate machinery, and be exposed to dangerous pesticides.
  • A migrant farmworker child may engage in hazardous employment at the age of sixteen years. Hazardous employment in other industries and occupations is prohibited for minors under the age of eighteen.
  • Migrant farmworker children, like their parents, are often exempt from unemployment compensation, worker's compensation, overtime, and federal minimum wage.

"Young American Workers Bill of Rights": (Rep. Tom Lantos - sponsor)

The Bill amends the Fair Labor Standards Act of 1938 to reform the provisions relating to child labor.

Among other things, the bill provides equal protection for minors working as migrant and seasonal farmworkers, as for those minors who are engaged in non-agricultural employment. Equal standards are set for minimum age for employment (14 years), day and weekly hours restrictions, requirements for work permits, etc. Additionally, the bill identifies several occupations that are particularly hazardous for the employment of children between the ages of 16 and 18. Pesticide handling will be added to the list of Hazardous Occupations Orders. These provisions do not apply to children working on family farms.

Children in the Fields continued: State Laws Provide Inadequate Protection

 
 
 

 

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