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Michigan Interagency Migrant Services Committee (IMSC) Outreach Network

In Collaboration With Michigan Primary Care Association

June 15, 2011

IMSC Outreach Network

Goals of the Series: • Resources for local and state agencies

• Core training for staff throughout the state

• Opportunity to learn more about other agencies and outreach

conducted through these agencies

• Education from top experts on select topics

Final webinar begins at 1:00 p.m. (EST) • Wednesday, June 22th: Reporting Alleged/Apparent Violations and Complaints

• To register go to, www.mpca.net/migrant.html.

• Along with today’s webinar, archives of past webinars on personal safety and farmworker rights can be found on MPCA’s Migrant Health webpage, including presentation handouts and additional resources.

House Keeping

• Do not put your phone on hold

• All registered participants will receive a link to:

Evaluation on Survey Monkey

PowerPoint presentation

List of remaining webinar series

Q and A

• If you have a question, please send it to the host. We will attempt to get through as many as possible.

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Raise Your Hand

Use the Telephone

See Who Is Talking

Ask A Question

1-866-487-9243

Wage and Hour Division

www.wagehour.dol.gov

Child Labor Requirements in Agricultural Occupations

Under the Fair Labor Standards Act

Presented by the

U.S. Department of Labor Wage and Hour Division

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1-866-487-9243



Child Labor in Agriculture

The following information applies to minors under age 16 employed in agriculture.

1-866-487-9243



Parental Exemption

The FLSA contains an exemption from the agricultural youth employment provisions which allows minors of any age to work at any time in any job on a farm owned or operated by their parent or a person standing in place of their parent.

1-866-487-9243



Once young persons turn 16 years old, they may perform any job in agriculture.

A minor 14 or 15 years old may work in agriculture, on any farm, but only outside of school hours and in non-hazardous jobs.

A minor 12 or 13 years of age may work in agriculture on a farm outside of school hours and in non-hazardous jobs, but only if a parent has given written permission or if a parent is working on the same farm as his or her child.

Minimum Age Standards

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1-866-487-9243



If the minor is younger than 12, he or she may work in agriculture only on small farms that are not required to pay the Federal minimum wage. The minor must have parental permission and may only be employed outside of school hours in non-hazardous jobs.

Under the FLSA, a “small farm” is exempt from the minimum wage requirements if it did not use more than 500 “man days” in any calendar quarter during the preceding year.

Minimum Age Standards

1-866-487-9243



Permitted Occupations

Minors under age 16 may engage in many activities involved in agriculture.

1-866-487-9243



Hazardous Occupations

The Secretary of Labor has prohibited employment in certain agricultural occupations for minors under the

age of 16.

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1-866-487-9243



Hazardous Occupation No. 1

Bans operating tractors with in excess of 20 Power-Take-Off (PTO) horsepower

1-866-487-9243




Bans operating or helping to operate pickers, combines, mowers and other implements

1-866-487-9243



Exemption from Hazardous Occupations Nos. 1 and 2

14- and 15-year old minors who hold certificates of completion from the

4-H Federal Extension Service Training Program for either tractor operation or machine operation may work in the occupations for which they have been trained.

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1-866-487-9243




Bans operating (or helping to operate) trenchers, forklifts, potato combines or power-driven saws

1-866-487-9243




Bans work with certain animals in farmyards, pens or stalls

1-866-487-9243




Bans felling timber with a diameter of over 6 inches

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1-866-487-9243




Bans working from ladders or scaffolds at heights over 20 feet

1-866-487-9243



Exemption from Hazardous Occupations Nos. 1 through 6

14- and 15-year old student-learners enrolled in vocational agricultural programs are exempt from Hazardous Occupations Nos. 1 through 6 when certain requirements are met.

1-866-487-9243




Bans driving a vehicle transporting passengers or riding on a tractor

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.123.htm

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_570/29CFR570.123.htm

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1-866-487-9243




Bans working inside certain storage structures and in manure pits

1-866-487-9243




Bans handling certain agricultural chemicals

1-866-487-9243




Bans handling blasting agents

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1-866-487-9243




Bans handling anhydrous ammonia

1-866-487-9243



Tips for Employers

Remember, hired farmworkers may not waive the child labor requirements for their own children.

1-866-487-9243



Compliance Assistance

www.youthrules.dol.gov

The Department of Labor launched YouthRules! to help employers, parents, teachers, and working teens understand and comply with federal and state youth employment provisions.

Visit the YouthRules! Website for important information that will help young workers find and maintain positive and safe employment.

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1-866-487-9243



Compliance Assistance Materials - Child Labor

The Fair Labor Standards Act

The Regulations 29 CFR 570

Child Labor Bulletin 102

Handy Reference Guide

Child Labor Advisor

Fact Sheet 40

Poster

1-866-487-9243



Enforcement

Enforcement is conducted out by Wage and

Hour staff throughout the U.S.

Employers who violate the child labor provisions are subject to a civil money penalty of up to $11,000 for each violation.

Federal law prohibits the interstate movement of goods produced where child labor violations are found.

1-866-487-9243



Additional Information

Visit the WHD homepage at: www.wagehour.dol.gov

Call the WHD toll-free information and helpline at 1-866-487-9243

Spanish line 313-226-1611

English line 313-226-1612

Direct Line 616-456-2007

Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: www.dol.gov/elaws

Call or visit the nearest Wage and Hour Division Office

http://www.wagehour.dol.gov/

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1-866-487-9243



Disclaimer

This presentation is intended as general information only and does not carry the force of legal opinion.

The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention.

Tom Barnes MBG Marketing

Most major food buyers expect their suppliers/vendors to meet and exceed standards they set in many areas.

Two standards set by food buyers that growers must meet are “food safety” and “child labor”.

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Sample Code of Conduct language:

No minor may be hired if their age is below the legal limit in the country where the merchandise is produced.

Workers shall be at least 14 years old unless the applicable law allows otherwise.

Customers require product grown under GAPs and GMPs. Audits are routinely conducted. GAPs (good agricultural practices) = crop

protection, worker protection, environment protection.

GMPs (good manufacturing practices) = packing facility sanitation & security, worker hygiene/ training/safety, product and packaging food grade safety.

GAPs restrict access to food-production areas to authorized personnel only. MLH (migrant labor housing) sites

located near a food-production field may have limited or restricted access depending on access roads and driveways.

If a restricted access sign is posted at field entrance- report to main office to obtain authorized field access. There are exceptions for governmental and emergency response personnel.

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GMPs restrict access to food-processing facilities.

Always go first to main office to report and sign in; park in designated parking area.

Children are not allowed within a facility beyond the office.

Pets are not allowed on the premises.

Todos Tienen Derechos / Everyone Has Rights

Camp Access & Youth Employment

presentation by

Thomas K. Thornburg

Farmworker Legal Services

Migrant Outreach Worker Educational Webinar

June 15, 2011

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Access to Labor Camps

• Recognized Legal Rights of Access:

– representatives of assistance organizations

have a RIGHT to visit migrant labor camps;

and

– occupants of migrant labor camps have a

RIGHT to receive guests in their homes.


Constitutional Rights

• The U.S. Supreme Court has said that a

property owner’s right to control access to

his or her property is limited by a visitor’s

constitutional rights, as in the case of

migrant camps. Cf., U.S. v. Hassle (W.D. MI. 1971)

• A visitor’s constitutional rights include

freedom of speech, religion, press and

association/assembly. U.S. Const. Amendment I


Rights under other U.S. Laws

• Congress has passed laws that help meet the

critical needs of the poor in general and of

migrant laborers in specific. E.g., NFJP, Migrant Ed

• Eligible migrant workers are entitled to the

benefits provided by these federal laws.

• Camp owners cannot deny migrant workers

the right to these benefits by blocking access

to representatives of organizations that help

provide or secure these benefits.

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Michigan Property Law

• Property owners have certain rights with

respect to their property under Michigan law.

• However, these rights “do not include the

right to deny access to his camps to guests or

persons working for any governmental or

private agency whose primary objective is the

health, welfare, or dignity of the migrant

workers as human beings.” Folgueras v. Hassle;

U.S. v. Hassle, 331 F. Supp. 615, 624 (W.D. Mich. 1971)


Michigan Tenant Law

• The rights granted by Michigan law to

tenants, including migrant workers:

– full rights to freely come and go to and

from their dwellings (same rights are also

granted to their guests and representatives

of assistance organizations), and

– the right to invite and associate with guests

of the tenants’ choosing.


Reasons for “Rights of Access”

• Migrant workers are vulnerable to abuse

due to their isolation, barriers to

communication and extreme poverty.

• An employer has no right to isolate

migrant workers further by denying

public access to migrant labor camps.

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Anti-discrimination Law • Michigan’s Elliott-Larsen Civil Rights Act (CRA)

prohibits “age” discrimination in employment and

“familial status” discrimination in migrant housing.

• Employers are prohibited by the CRA from taking an

adverse employment action (i.e., refusing to hire) “an

individual because an employer perceives that

person as being too young.” Zanni v. Medaphis

Physician Services Corp., 240 Mich. App. 472 (2000)

• Refusing housing to workers with children may

constitute “familial status” discrimination under

federal law. Fair Housing Act of 1988 (D. Ore. 1996)


For more Information:

Thomas K. Thornburg

Farmworker Legal Services Kalamazoo, MI

[email protected]

www.FarmworkerLaw.org

You will be receiving a follow up email

with a link to Survey Monkey.

Your feedback is greatly appreciated.

http://www.farmworkerlaw.org/

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Hosted by Michigan Primary Care Association in collaboration

with Michigan Department of Human Services

For additional questions please contact Lynda Meade at

[email protected] or by calling 517-381-8000

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