Labor Standards in Agriculture · Wage and Hour Division 1-866-487-9243 Fact Sheet #44: Visits to Employers WHD is responsible for administering and enforcing a number of federal

Wage and Hour Division

1-866-487-9243 www.wagehour.dol.gov

Labor Standards in Agriculture

Presented by the U.S. Department of Labor

Wage & Hour Division Seattle District Office

May 2016 David Miljoner, Assistant Director, Seattle Office

PresenterPresentation NotesThe Fair Labor Standards Act (the FLSA) is the federal law of broadest application governing minimum wage, overtime pay and child labor. The Wage & Hour Division of the U.S. Department of Labor enforces the FLSA. In addition, the the Wage and Hour Division also enforces:

The Family and Medical Leave Act The Migrant and Seasonal Agricultural Worker Protection Act The Employee Polygraph Protection Act The Garnishment Provisions of the Consumer Credit Protection ActThe Davis-Bacon and Related ActsThe McNamara-O’Hara Service Contract Act Temporary Worker Provisions of the Immigration and Nationality Act

Additional information on any of these laws is available from the Wage and Hour Division.

1-866-487-9243 Wage and Hour Division www.wagehour.dol.gov

Fact Sheet #44: Visits to Employers

WHD is responsible for administering and enforcing a number of federal laws which set basic labor standards, among them:

PresenterPresentation NotesThis Fact Sheet provides general information about the laws enforced by the Wage and Hour Division (WHD).Purpose of Visit


Compliance Responsibilities

Fair Labor Standards Act **Child Labor in Agriculture Migrant & Seasonal Agricultural

Worker Protection Act Occupational Safety and Health Act

(OSHA) (citation) sets field sanitation Section 216 of the Immigration and

Nationality Act (H-2A)

PresenterPresentation NotesFour major laws governing the employment of workers in agriculture are administered by the Wage and Hour Division:

The Fair Labor Standards Act ( FLSA) (29 U.S.C. 201, et. seq.) sets minimum wage, overtime, child labor, and record keeping standards for agricultural workers along with most other workers in the U.S.

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801, et. seq.) requires registration by Farm Labor Contractors and sets rules governing the employment of farm workers.

The Occupational Safety and Health Act (OSHA) (citation) sets field sanitation standards covering drinking water, hand washing, and toilet facilities in the field.

Section 216 of the Immigration and Nationality Act (8 U.S.C. 1101, et. seq.) governs the admission and employment of temporary foreign workers in agriculture under the H-2A program.


Visits to Employers An investigator from WHD may conduct an investigation to determine whether these laws apply to an employer. If the employer is subject to these laws, the investigator will verify that workers are paid and employed properly according to the laws administered, and that youths under age 18 are employed as provided by the child labor provisions. The WHD does not require an investigator to previously announce the scheduling of an investigation, although in many instances the investigator will advise an employer prior to opening the investigation.

PresenterPresentation NotesThis Fact Sheet provides general information about the laws enforced by the Wage and Hour Division (WHD).No announcement of visit required.


Visits to Employers The investigator has sufficient latitude to initiate

unannounced investigations in many cases in order to directly observe normal business operations and develop factual information quickly.

An investigator may also visit an employer to provide information about the application of, and compliance with, the labor laws administered by WHD.

PresenterPresentation NotesThis Fact Sheet provides general information about the laws enforced by the Wage and Hour Division (WHD).Purpose of Visit

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Why is an employer selected for an investigation?

The WHD conducts investigations for a number of reasons, all having to do with enforcement of the laws and assuring an employer’s compliance. WHD does not disclose the reason for an investigation. Many are initiated by complaints All complaints are confidential

In addition to complaints, WHD selects certain types of businesses or industries for investigation.

Regardless of the reason all are conducted in accordance with established policies and procedures.

FS Wage and Hour Division

PresenterPresentation Notes; the name of the worker and the nature of the complaint are not disclosable;

Confidential whether a complaint exists may not be disclosed.

Directed cases: The WHD targets low-wage industries, for example, because of high rates of violations or egregious violations, the employment of vulnerable workers, or rapid changes in an industry such as growth or decline. Occasionally, a number of businesses in a specific geographic area will be examined. The objective of targeted investigations is to improve compliance with the laws in those businesses, industries, or localities.

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Investigation Procedures

Section 11(a) of the FLSA authorizes representatives of the Department of Labor to investigate and gather data concerning wages, hours, and other employment practices; enter and inspect an employer’s premises and records; and question employees to determine whether any person has violated any FLSA provision

The WHD investigator will identify himself/herself and present official credentials. The investigator will explain the investigation process and the types of records required during the review.


PresenterPresentation NotesMost employers are subject to the Fair Labor Standards Act (FLSA)

SLSA is the primary federal law of most general application requiring payment of the minimum wage and overtime premium pay, keeping certain basic payroll and employment records, and limiting the working hours and types of jobs for certain underage youths.

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Investigation Steps

Examination of records to determine which laws or exemptions apply.

Examination of payroll and time records, and taking notes or making transcriptions or photocopies

Interviews with certain employees in private. Meet with the employer and/or a representative of

the firm who has authority to reach decisions and commit the employer to corrective actions if violations have occurred

Employers may be represented by their accountants or attorneys at any point


PresenterPresentation Notes

records include, for example, those showing the employer’s annual dollar volume of business transactions, involvement in interstate commerce, and work on government contracts. Information from an employer’s records will not be revealed to unauthorized persons.

Interviews with certain employees in private. The purpose of these interviews is to verify the employer’s payroll and time records, to identify workers’ particular duties in sufficient detail to decide which exemptions apply, if any, and to confirm that minors are legally employed. Interviews are normally conducted on the employer’s premises. In some instances, present and former employees may be interviewed at their homes or by mail or telephone. • When all the fact-finding steps have been completed

When the investigator has advised the employer of his/her findings, the employer or re

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What enforcement remedies are available ?

The FLSA gives the Department of Labor (“Department”) the authority to :

recover back wages and liquidated damages (to be paid to employees)

o assess civil money penalties (to be paid to the government), in instances of minimum wage, overtime, and other violations.



Other violations for which CMP assessed include housing Safety and Health requirements (OSHA), vehicle safety requirements (MSPA), field sanitation

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What enforcement procedures are provided under the laws?

The Department makes every effort to resolve most compliance issues administratively. If appropriate, the Department may litigate and/or recommend criminal prosecution.




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Administrative procedures

Supervise the payment of unpaid compensation owed to any employee(s).

• In lieu of litigation, the Department may seek back wages, liquidated damages, and civil money penalties, if applicable, through settlements with employers.

• Civil money penalties may be assessed for child labor violations, repeat and/or willful violations of FLSA minimum wage or overtime requirements, and other violations under the MSPA.




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Litigation procedures

Litigation procedures: • The Department may file a lawsuit in U.S. District

Court • The Department may seek a U.S. District Court

injunction to restrain violations of the law, • The Department may seek an order for payment of

civil money penalties from a U.S. Department of Labor Administrative Law Judge.

• An employee may file a private suit to recover back wages, an equal amount in liquidated damages, plus attorney’s fees and court costs. • The FLSA provides that DOL may seek a U.S. District Court order to

h hi f h ff d d Wage and Hour Division


*on behalf of employees for back wages and an equal amount in liquidated damages.

*including the unlawful withholding of proper minimum wage and overtime pay, failure to keep proper records, and retaliation against employees who file complaints and/or cooperate with the Department.

In such a case, the Department will not seek the same back wages and liquidated damages on that employee’s behalf.

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Litigation procedures

• An employee may file a private suit to recover back wages, an equal amount in liquidated damages, plus attorney’s fees and court costs.

• The FLSA provides that DOL may seek a U.S. District Court order to prevent the shipment of the affected goods.


PresenterPresentation NotesWHD recognizes that it is a time sensitive matter, Department works swiftly to communicate with the ER and provide an opportunity to come into compliance, abate whatever violation may be occurring, get ATC and ATP and to the extent possible avoid contesting the shipment or spoilage of goods.

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Criminal prosecution

Employers who have willfully violated the law may be

subject to criminal penalties, including fines and imprisonment.



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Retaliation is prohibited

Employees who have filed complaints or provided

information cannot be discriminated against or discharged on account of such activity. If adverse action is taken against an employee for engaging in protected activity, the affected employee or the Secretary of Labor may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages.





Fair Labor Standards Act (FLSA)

PresenterPresentation NotesThe Fair Labor Standards Act (FLSA) sets standards for wages and overtime pay, which affect most private and public employment in the U.S. The FLSA requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. For nonagricultural operations, it restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed too dangerous.

Information about the Fair Labor Standards Act can be obtained at or from local offices of the Wage and Hour Division.


FLSA Overview

Minimum Wage-$7.25 per hour Overtime - after 40 hours per week Child labor Recordkeeping provisions

PresenterPresentation NotesEmployees who are covered by the FLSA are generally entitled to be paid at least the Federal minimum wage as well as time and one-half their regular rates of pay for all hours worked over 40 in a work week.

The FLSA also contains child labor provisions regulating the employment of anyone under the age of 18 in covered work. In-depth training on the FLSA Child Labor requirements is available in a separate presentation.

The FLSA requires that employers make, keep and preserve records of hours worked by and wages paid to employees.


Coverage

“Coverage” refers to whether a business or worker is subject to the FLSA. • “Covered” means subject to FLSA. • “Not Covered” means not subject to FLSA.

PresenterPresentation NotesCoverage under the FLSA is broadly construed by the courts, while exemptions are narrowly construed.


FLSA Coverage

Two Types of Coverage • Enterprise Coverage: If an enterprise is

covered, all employees of the enterprise are entitled to FLSA protections.

• Individual Coverage: Even if the enterprise is not covered, individual employees may be covered and entitled to FLSA protections.

PresenterPresentation NotesEnterprise coverage is determined by characteristics of the business.

If enterprise coverage applies, then all persons employed in that business enterprise are covered by the FLSA.

Individual coverage is determined by characteristics of the work performed by the individual worker.

If individual coverage applies, then the individual worker is covered by the FLSA even if other employees are not covered.


Enterprise Coverage

Enterprise with: • At least two (2) employees • At least $500,000 a year in gross receipts

If these two conditions are met, then all employees are covered

PresenterPresentation NotesEnterprise coverage is defined at Section 3(s)(1) of the FLSA.

Enterprise coverage also includes all hospitals, nursing homes and other institutions primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises, schools including preschools, elementary schools, secondary schools and schools for mentally or physically gifted or handicapped children, and public agencies. Enterprise coverage applies whether or not the hospital, school, or institution is public or private or operated for a profit or not for a profit.


Individual Coverage

Workers who are engaged in: • Interstate commerce; • Production of goods for commerce; • Closely-related process or occupation

directly essential (CRADE) to such production

Essentially all field workers are individually covered by FLSA

PresenterPresentation NotesIndividual coverage is determined by the work performed by the individual employee.

Field workers are almost always covered by the FLSA because they are engaged in the production of goods for interstate commerce … the crops will be sold on the open market and will be shipped to other states or countries.

Individual coverage is determined on a workweek basis. If the employee performs any work that is individually covered, then all time spent working for the same employer during that workweek is covered. A workweek is 7 consecutive 24 hour periods determined by the employer.


FLSA Minimum Wage

$7.25 per hour • Minimum rate must be paid

regardless of method of payment: –hourly –piece rate –job rate –day rate –salary

PresenterPresentation NotesCovered, non-exempt employees must be paid not less than the minimum wage rate, currently $5.15 per hour, for all hours worked.

The minimum wage rate must be paid regardless of how the pay is initially calculated. If the initial calculation does not equal the minimum wage rate, the employer must make up the difference. An example follows on the next slide.

The minimum wage applies on an individual worker basis. It does not apply on a family or “gang rate” basis. Each individual worker in the family or work group must receive the minimum rate.


FLSA Overtime to be paid

Time and one half after forty hours must be paid in these cases: • Certain Packing/Processing plants

– Where goods are processed for more than one farmer

• Retail operations off the farm – Example: nursery outlets

• Reforestation and Christmas Trees

PresenterPresentation NotesMany covered workers in agriculture are exempt from FLSA overtime requirements. However, some workers must be paid time and one-half their regular rate of pay for all hours worked over 40 in a workweek.

Covered workers who must be paid time and one-half overtime include: Workers in packing or processing plants Workers in retail operations unless part of the farm Logging and reforestation workers Christmas Tree operations

A grower who operates a packing shed solely for her own crops does not have to pay overtime premium after 40 hours. But overtime must be paid in any workweek when the grower packs for other growers.


Deductions not allowed

Deductions from pay not allowed if: • Deduction is for item that is for the

employer’s benefit or convenience; and, • The deduction reduces the employee’s

earnings below minimum wage, or

• The deduction is from overtime pay

PresenterPresentation NotesThe FLSA prohibits deductions from wages for the cost of any items which are considered primarily for the benefit or convenience of the employer if the deduction would reduce the employee’s earnings below the required minimum wage or overtime compensation. Examples of illegal deductions: tools used in the employee’s work; damages to the employer’s property by the employee; theft of the employer’s property by the worker or other individuals.

Many states have laws limiting deductions from wages. Nothing in the FLSA overrides or nullifies any higher standard or more stringent provision set by state law.


Examples

Examples of deductions not allowed: • Tools required to do the work • Damages to employer property • Theft of employer property • Safety equipment required by law

PresenterPresentation NotesThis slide provides examples of deductions that can result in FLSA violations .


Exemptions

Exemption means that certain requirements do not apply even if the business or worker is covered by the FLSA.

PresenterPresentation NotesThe FLSA establishes a number of specific exemptions from its Minimum Wage, Overtime, and Child Labor provisions. Exemptions are limited to the specific detailed facts and conditions recited in the law itself.

An employee who is covered but exempt is NOT subject to the particular standard named in the exemption. Example: hand harvest workers in agriculture are usually covered under the FLSA, but they are exempt from overtime pay requirements. They need not be paid overtime premium after 40 hours.


Wage requirements do not apply

When: • Fewer than 500 man days on the farm in

every calendar quarter last year • Worker is either the spouse, parent, child,

brother or sister of the owner • Local hand harvest worker paid a piece

rate who worked fewer than 13 weeks last year

PresenterPresentation NotesFLSA section 13(a)(6) provides a complete exemption from both the minimum wage and overtime provisions of the Act.

“Man-day” means any day during which an employee performs any agricultural labor for at least one hour. Example: 5 workers in the field for one day equals 5 man-days if they worked for at least one hour. Many different combinations will result in 500 man-days. The man day test looks to the calendar quarters in the previous calendar year. The quarter(s) during the harvest season will usually have the highest man-day counts. Important: The “man-day” count includes all workers at the site … both those employed by the grower and those employed by Farm Labor Contractors.

In addition to the 3 exemptions mentioned on this slide, section 13(a)(6) also exempts: a) any child aged 16 or younger who is employed in hand harvest labor, works on the same farm where his/her parent is working harvesting crops that customarily and generally recognized as being paid on a piece rate basis, and is paid piece rates the same as those paid to adult workers, and b) any employee who is principally engaged in the range production of livestock.


FLSA Overtime Exempt

Workers employed solely in agriculture need NOT be paid overtime

Examples: – Field workers – Tractor operators – Loaders and drivers – Farm office personnel

PresenterPresentation NotesEmployees who work exclusively in agriculture for the entire workweek are not due overtime.

If an employee performs any nonexempt work in a workweek the exemption is lost for the entire workweek. For example, an employee who works in the field harvesting crops is sent to a packing shed for one day when the work in the packing shed is subject to overtime, all work in that workweek becomes subject to overtime.

“Agriculture” includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production , cultivation, growing, and harvesting of any agricultural or horticultural commodities.

see also Section 3(f) and 13(b)(12) of the FLSA


FLSA Record Keeping

Records for each employee • Name, address and social security number • Date of birth for young workers • Hours worked per day and week • Rate of pay • Gross wages • All deductions

PresenterPresentation NotesFLSA record keeping standards are established at FLSA Section 11 (c) and Regulations 29 CFR Part 516.

Date of birth is required for any employee under the age of 19.


Compliance Assistance Materials

Fair Labor Standards Act 29 C.F.R. Part 780 Fact Sheet No. 012 Agricultural

Employers Under The Fair Labor Standards Act (FLSA)

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The child labor rules that apply to agricultural employment depend on the age of the young worker and the kind of job to be performed. The rules are the same for all youth, migrant children as well as local resident children.

Children under 16 may not work when school is in session. In addition, the Secretary of Labor has declared that certain jobs in agriculture are too hazardous for anyone under 16 to perform.

Child Labor in Agriculture


See also: 29 CFR 570

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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.

PresenterPresentation NotesThis exemption is much more extensive than the parental exemption applicable to nonagricultural employment. As we discuss the youth employment rules established for minors employed in agriculture, it is important to remember that these rules do not apply to the child of the farmer.

The term parent includes natural parents or any person standing in place of a parent. A person who takes a child into his or her home and treats the child as a member of his or her own family, educating and supporting the child as if he or she were his or her own child, is generally said to stand in place of a parent.

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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

PresenterPresentation NotesSchool hours are based on the schedule of the local public school in the school district where the minor is living while employed.

The term outside of school hours means the time before and after school, holidays, Saturday, Sunday, vacation time, and any day when school is not scheduled to be open for students.

Minors who attend private school or are home-schooled are subject to the school hours restrictions for the public school district in which they live.

The term parent includes natural parents or any person standing in place of a parent. A person who takes a child into his or her home and treats the child as a member of his or her own family, educating and supporting the child as if he or she were his or her own child, is generally said to stand in place of a parent.

See Also: C.L. 102 (WH 1295) Child Labor Requirements In Agriculture Under the Fair Labor Standards Act; Fact Sheet 040 Federal Child Labor Laws in Farm Jobs; 29 CFR 570

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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.


PresenterPresentation Notes"Small" farm means any farm that did not use more than 500 "man-days" of agricultural labor in any calendar quarter (3-month period) during the preceding calendar year. "Man-day" means any day during which an employee works at least one hour.

For example: A farm employing 7 workers for at least an hour per day for 6 days/week has 42 “man-days” per week. If that employment is maintained for the entire quarter, the farm has 546 “man-days” for the quarter.

See also: 29 CFR 780.301 through .306

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The FLSA still contains provisions that permit local minors who are 10 and 11 years of age to be employed to hand harvest short-season crops outside school hours for no more than 8 weeks between June 1 and October 15 if their employer has obtained a special waiver from the Secretary of Labor.

PresenterPresentation NotesAlthough provisions for this waiver are still contained in Section 13(c)(4) of the FLSA, the Department of Labor cannot legally issue waivers to any growers because of an injunction issued by the U. S. Court of Appeals for the District of Columbia in National Association of Farmworkers Organizations v. Marshall (March 20, 1980).

The court determined that no applicant would be able to demonstrate, as required by the statute, that the employment would pose zero risk to the health or well-being of the affected children.

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Permitted Occupations

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

PresenterPresentation NotesMinors under age 16 may:Hand plant and cultivateRaise and care for poultryMilk cowsProcess and store milk and dairy productsClean barns, equipment storage buildings and chicken coopsMow lawnsRide, drive or exercise horsesPick cottonHandle irrigation pipesHarvest and store tobaccoRide on transplanters

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Hazardous Occupations

The Secretary of Labor has prohibited

employment in certain agricultural occupations for minors under the

age of 16.


See also: 29 CFR 570.71

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Hazardous Occupation No. 1

Bans operating tractors with in excess

of 20 Power-Take-Off (PTO) horsepower

PresenterPresentation NotesProhibited:Minors under age 16 may not operate tractors of over 20 PTO (Power-Take-Off) horsepower. They also may not connect or disconnect an implement or any of its parts to or from these tractors. Permitted:Minors under age 16 may operate tractors of 20 PTO or less.

Exemption:The 4-H Agriculture Extension Service Training program issues certificates of completion of either the tractor operation or machine operation program. 14- and 15-year-olds may work on tractors if they have a valid training certificate from this program, and a copy is provided to the farmer employing them. 29 CFR 570.72


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Bans operating or helping to operate

pickers, combines, mowers and other implements

PresenterPresentation NotesProhibited:Minors under age 16 may not operate (or help operate), start, stop, adjust, feed, or perform any activity that involves physical contact with the following machines:Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea vinerFeed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a non-gravity-type self-unloading wage or trailerPower post-hole digger, power post driver, or nonwalking-type rotary tiller

Permitted:Minors under age 16 may:Move crops to the person feeding the machine and remove the finished product from the areaPick vegetables and berries and load them on conveyors or in containersLoad and unload material from other types of conveyors such as belts, buckles or chainsOperate a potato bin balerSet posts, attach and stretch wire, install gates and repair fencesSee Also: C.L. 102 (WH 1295) Child Labor Requirements In Agriculture Under the Fair Labor Standards Act; Fact Sheet 040 Federal Child Labor Laws in Farm Jobs; 29 CFR 570

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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.

PresenterPresentation NotesIn order for this exemption to apply, the 14- or 15-year-old must:Have been instructed by his employer on safe and proper operation of the specific equipment to be used; and Be continuously and closely supervised by the employer where feasible; or, where not feasible, be checked for safety by the employer at least at mid-morning, noon, and mid-afternoon Employers must keep copies of written agreements and certificates under these programs. The U.S. Office of Education is also authorized to issue such certificates in vocational education programs. The same requirements apply to the Vocational Education programs.


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

PresenterPresentation NotesProhibited:Minors under age 16 may not start, stop, adjust, feed or perform any activity that involves physical contact with trenchers or earth-moving equipment, forklifts, potato combines or power-driven circular, band or chain saws.

See Also: C.L. 102 (WH 1295) Child Labor Requirements�In Agriculture Under the Fair Labor Standards Act; Fact Sheet 040 Federal Child Labor Laws in Farm Jobs; 29 CFR 570

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Bans work with certain animals in farmyards, pens or stalls

PresenterPresentation NotesProhibited:Minors under age 16 may not work on a farm in a yard, pen or stall occupied by:a bull, boar, or stud horse maintained for breeding purposes or a sow with suckling pigs; or a cow with a newborn calf (with umbilical cord present)

Permitted:Minors under age 16 may work with these animals in an open area. They may work with beef or range bulls and cattle, dairy cattle or breeding stock on the range. They may work with farm animals except as shown above. They may show animals at livestock shows, fairs, and exhibits not taking place on a farm.


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Bans felling timber with a diameter of over 6 inches

PresenterPresentation NotesProhibited:Minors under age 16 may not fell, buckle, skid, load, or unload timber with a butt (large end) diameter of more than 6 inches.

Permitted:Minors under age 16 may work with timber up to 6 inches in diameter, which includes most fence posts and tier poles. They may also clear brush and harvest trees up to 6 inches in butt diameter.


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Bans working from ladders or

scaffolds at heights over 20 feet

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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.

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PresenterPresentation NotesIn order for the student-learner to be exempt from the provisions of Hazardous Occupations Nos. 1 through 6, the student must be:Enrolled in a vocational education training program in agriculture under a recognized State or local educational authority, or in a substantially similar program conducted by a private schoolEmployed under a written agreement which:Provides that the work of the student-learner is incidental to the trainingProvides that the work is intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced personProvides that safety instruction be given by the school and correlated by the employer with on-the-job trainingProvides that a schedule of organized and progressive work processes to be performed on the job have been preparedIncludes a written agreement that contains the name of the student-learner, and is signed by the employer and by a person authorized to represent the educational authority or schoolCopies of the agreement must be kept on file by both the educational authority or school and by the employer.


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

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Bans driving a vehicle transporting passengers or riding on a tractor

PresenterPresentation NotesProhibited:Minors under age 16 may not drive a bus, truck, or automobile when transporting passengers, or ride on a tractor as a passenger or helper. They may not ride on any tractor or serve as a helper on any tractor.

Permitted:Minors under age 16 may drive and serve as helpers on trucks, buses and automobiles on the farm itself. They may load or unload trucks.


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Bans working inside certain storage

structures and in manure pits

PresenterPresentation NotesProhibited:Minors under age 16 may not work inside:A fruit, forage (feed), or grain storage structure designed to retain an oxygen deficient or toxic atmosphere (for example, a silo where fruit is left to ferment) An upright silo within 2 weeks after silage (fodder) has been added or when a top unloading device is in operating position A manure pitA horizontal silo while operating a tractor for packing purposes Permitted:Minors under age 16 may work inside the non-gas-tight type silo while the unloading device is in a raised position, and they may also operate this device from outside the silo.


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Bans handling certain agricultural chemicals

PresenterPresentation NotesProhibited:Minors under age 16 may not handle or apply agricultural chemicals classified under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.) as Category I of toxicity, identified by the word “poison” and the “skull and crossbones” on the label; or Category II of toxicity, identified by the word “warning” on the label. Handling includes cleaning or decontaminating equipment, disposal or return of empty containers, or serving as a flagman for aircraft applying agricultural chemicals. Permitted:Minors under age 16 may handle and apply fertilizers or chemicals that are not labeled as indicated above.


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Bans handling blasting agents

PresenterPresentation NotesProhibited:Minors under age 16 may not handle or use a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cord.


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Bans handling anhydrous ammonia

PresenterPresentation NotesProhibited:Minors under age 16 may not transport, transfer, or apply anhydrous ammonia.


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Tips for Employers

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

PresenterPresentation NotesOften, migrant workers bring their children to the field. If the children are under legal age to work, they may not assist their parents or perform work of any kind.

If the minors work, not only may violations of the child labor rules occur, but each youth may be entitled to the full minimum wage for the time spent working.

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Tips for Employers

Verify ages of young employees

Know the child labor requirements

Train managers on the child labor requirements

Give minor employees information on the child labor requirements

PresenterPresentation NotesIf an employee is under age 19 the employer must have a record of the employee’s date of birth. Federal child labor rules do not require work permits, but many states do. If the state issues age certificates, they are acceptable proof of age. Birth certificates, baptismal records, school records, or passports are also acceptable proofs of age.

See Also: C.L. 102 (WH 1295) Child Labor Requirements In Agriculture Under the Fair Labor Standards Act; 29 CFR 570, 29 CFR 516

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More Employer Tips

Review time records for minors

Post warning labels on prohibited equipment

Make compliance important

Encourage minors to say “no” if asked to do something prohibited


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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




The Migrant & Seasonal Agricultural Workers

Protection Act (MSPA)

PresenterPresentation NotesThe Migrant and Seasonal Agricultural Workers Protection Act (MSPA) was enacted in 1983. The purpose of this Act is:Address issues that are detrimental to migrant and seasonal agricultural workers; Require Farm Labor Contractors to register; and,To assure necessary protections for migrant and seasonal agricultural workers, agricultural associations and agricultural employers.


MSPA Overview

Coverage Joint Employment Registration Disclosure Records Wages Safe Transportation Safe Housing Exemptions

PresenterPresentation NotesThis presentation will cover nine key areas and will define the responsibilities for Farm Labor Contractors, Agricultural Employers and Agricultural Associations.


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.


Labor Standards in AgricultureFact Sheet #44: Visits to EmployersCompliance ResponsibilitiesVisits to EmployersVisits to EmployersWhy is an employer selected for an investigation?Investigation Procedures Investigation Steps What enforcement remedies are available ?What enforcement procedures are provided under the laws? Administrative proceduresLitigation proceduresLitigation proceduresCriminal prosecution Retaliation is prohibited Fair Labor Standards Act�(FLSA)��FLSA OverviewCoverageFLSA CoverageEnterprise CoverageIndividual CoverageFLSA Minimum Wage FLSA Overtime to be paidDeductions not allowedExamplesExemptionsWage requirements do not applyFLSA Overtime ExemptFLSA Record Keeping Compliance Assistance Materials��Child Labor in Agriculture�Parental Exemption�� Minimum Age Standards�� Minimum Age StandardsMinimum Age StandardsPermitted OccupationsHazardous OccupationsHazardous Occupation No. 1Hazardous Occupation No. 2Exemption from Hazardous Occupations Nos. 1 and 2Hazardous Occupation No. 3 Hazardous Occupation No. 4Hazardous Occupation No. 5Hazardous Occupation No. 6��Exemption from Hazardous Occupations Nos. 1 through 6Hazardous Occupation No. 7Hazardous Occupation No. 8 Hazardous Occupation No. 9 Hazardous Occupation No. 10 Hazardous Occupation No. 11 Tips for EmployersTips for EmployersMore Employer TipsCompliance Assistance Materials - Child Labor The Migrant & Seasonal Agricultural Workers Protection Act� (MSPA)MSPA OverviewDisclaimer

Documents

Labor Standards in Agriculture · Wage and Hour Division 1-866-487-9243 Fact Sheet #44: Visits to Employers WHD is responsible for administering and enforcing a number of federal