Strengthening Child Labor Protections in Agriculture and Increasing Penalties
This Act amends the Fair Labor Standards Act of 1938 to strengthen provisions relating to child labor, particularly in agriculture. It introduces higher civil penalties for child labor violations, including those resulting in death or serious injury, and expands the definitions of employer and worker to include independent contractors under child labor provisions. These changes aim to align agricultural labor standards with other sectors and improve safety for minor workers.
Key points
Minimum Age and Hours: The Act revises age requirements for agricultural employment, limiting work for children under 16 to employment by specific family members (parents, grandparents, aunts, uncles, first cousins, or legal guardians) outside of school hours.
Pesticide Ban: Mandates the Secretary of Labor to revise regulations to prohibit the employment of children under the age of 18 as pesticide handlers.
Increased Penalties: Raises civil penalties for child labor violations (up to $156,290 per worker or up to $710,310 for death/serious injury) and introduces special criminal penalties for aggravated violations.
Independent Contractors: Child labor provisions will apply to any person engaging an individual for work, including independent contractors, rather than just traditional employees.
Reporting and Coordination: Requires the Secretary of Labor to report annually on child labor and injury data and mandates a memorandum of understanding between OSHA and the Wage and Hour Division (WHD) to coordinate enforcement.
Status:
Expired
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