Proposed new federal rules, if implemented, will put restrictions on young farm laborers more in line with child labor laws long in place in industry and commerce. The public comment period ends Nov. 1, and the rules could take effect by Jan. 1.
Most of the U.S. Department of Labors proposed changes will provide more stringent safeguards for children under age 16 (and, in some situations, those under 18) who are hired to work in fields, operate power-driven equipment, or work around grain elevators and bins. Certainly, protection from abusive hours and dangerous conditions is just as important for them as its been for youngsters working in other businesses.
The biggest potential rub in these rules, as we see it, involves children on family farms who work for their parents. And thats important in places where farm children traditionally have contributed to their parents operations while learning skills and building a strong work ethic under supervision of the people who love them most.
DOL officials say the new rules will not do away with current exemptions for children of farmers. Well, its not exactly that clear.
Under the proposed rules, a farm kid under age 18 would not be able to do many chores for a neighbor. That could limit a longtime practice mutually beneficial to many farm families.
Another possible dilemma: The exemption for children under 16 applies on farms owned or operated by their parents. But, says the DOL, as reported in Delta Farm Press and elsewhere: Where the ownership or operation of the farm is vested in persons other than the parent, such as a business entity, corporation or partnership (unless wholly owned by the parent(s)), the exemption would not apply.
In todays world, many family farms are legally structured as one of those options. So, technically, some farm children may not work solely for their parents.
How the final rules address the farm family exemptions could have a major impact.