U.S. Department of Labor to re-propose ‘parental exemption’ of child labor in agriculture rule

The U.S. Department of Labor’s Wage and Hour Division today announced that it will re-propose the portion of its regulation on child labor in agriculture interpreting the “parental exemption.” The decision to re-propose is in part a response to requests from the public and members of Congress that the agency allow an opportunity for more input on this aspect of the rule.

The parental exemption allows children of any age who are employed by their parent, or a person standing in the place of a parent, to perform any job on a farm owned or operated by their parent or such person standing in the place of a parent. Congress created the parental exemption in 1966 when it expanded protections for children employed in agriculture and prohibited their employment in jobs the Department of Labor declared particularly hazardous for children under the age of 16 to perform.

The department recognizes the unique attributes of farm families and rural communities. The re-proposal process will seek comments and inputs as to how the department can comply with statutory requirements to protect children, while respecting rural traditions. The re-proposed portion of the rule is expected to be published for public comment by early summer. The department will continue to review the comments received regarding the remaining portions of the proposed rule for inclusion in a final rule.

Until the revised exemption is final, the Wage and Hour Division will apply the parental exemption to situations in which the parent or person standing in the place of a parent is a part owner of the farm, a partner in a partnership or an officer of a corporation that owns the farm if the ownership interest in the partnership or corporation is substantial. This approach is consistent with guidance the Wage and Hour Division has provided to the public on its website for the past several years.

“The Department of Labor appreciates and respects the role of parents in raising their children and assigning tasks and chores to their children on farms and of relatives such as grandparents, aunts and uncles in keeping grandchildren, nieces and nephews out of harm’s way,” said Secretary of Labor Hilda L. Solis. “Today’s announcement to re-propose the parental exemption means the department will have the benefit of additional public comment, and the public will have an opportunity to consider a revised approach to this issue. We will continue to work closely with the U.S. Department of Agriculture to ensure that our child labor in agriculture rule generally, and the parental exemption specifically, fully reflect input from rural communities.”