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Children in the Fields

State Laws Provide Inadequate Protection

For additional information on the Model State Child Labor Law, 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 healh, safety, education, and well-being.

Status:

  • Seventy-six percent of the states set a minimum age for non-agricultural employment at 14 years. In agricultural employment, 27 percent of the states set a minimum age below 14 years and 49 percent have no minimum age for employment.
  • For child agricultural workers, the maximum hours of work while school is in session is either greatly exteneded or no maximum is set at all: 57 percent of the states do not set maximum hours for 14- and 15-years-old and 78 percent do not set maximum hours for 16- and 17-year-olds. For the states that do set maximum hours of work, they are as high as 60 hours a week, even when school is in session.

Model State Child Labor Law:

In response to outdated and insufficient state child labor laws, the Child Labor Coalition drafted a model state law. Important provisions in the model law provide equal protection for migrant and seasonal farmworker children, as provided for minors employed in non-agricultural industries.

  • The model law sets a minimum age of 14 for all employment (whether non-agricultural or agricultural employment);
  • The model law sets the same maximum hours of work while school is in and out of session (for non-agricultural and agricultural employment);

When School is in Session:

14- and 15-year-olds ­ 15 hours maximum
16-and 17-year-olds ­ 20 hours maximum

When School is not in Session:

14- and 15-year-olds ­ 30 hours maximum
16-and 17-year-olds ­ 40 hours maximum

  • The model law prohibits minors (under age 18) from dangerous agricultural occupations and substances and operating hazardous tools and machinery.
  • The model law requires a certificate of employment for working minors, regardless of occupation.
 
 
 

 

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