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US Should Protect Young Farmworkers–Lawmakers, Labor Department Need to Act

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Margaret Wurth
Margaret Wurth
Senior Researcher, Children’s Rights Division

[This piece originally appeared on at www.hrw.org on June 13, 2022]

As the world marks another World Day Against Child Labor, US leaders should commit to ending child labor at home.

Globally, countries have reduced the number of children involved in child labor – defined as work performed by children below the minimum age of employment or children under age 18 engaged in hazardous work – from 245 million in 2000 to 160 million in 2020. Meanwhile, US protections for child farmworkers are as weak as ever.

Under US law, children can work in agriculture from younger ages, for longer hours, and in more hazardous conditions than children working in any other sector. Today, it is legal for 12-year-old children to work unlimited hours on a farm of any size, as long as they have a parent’s permission and they don’t miss school. Children that young cannot legally work in any other sector in the US. In agriculture, children at age 16 can do work considered “hazardous” by the US Labor Secretary, while in every other sector children must be 18.

Lawmakers in Congress have introduced legislation to close these gaps. The Children’s Act for Responsible Employment and Farm Safety (CARE Act) would amend US labor law to raise the minimum hiring age in agriculture to 14, and the minimum age for hazardous work to 18, matching the minimum ages for other areas of work.

Another important bill, the Children Don’t Belong on Tobacco Farms Act, would prohibit children under 18 from work involving direct contact with tobacco , a toxic crop containing nicotine.

… Read the rest

Press Release: Child Labor Coalition Welcomes the Reintroduction of the Children’s Act for Responsible Employment and Farm Safety 2022 (CARE Act)

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For immediate release: March 31, 2022
Contact: Reid Maki, (202) 207-2820, reidm@nclnet.org

Washington, D.C.—The Child Labor Coalition (CLC), representing 38 groups engaged in the fight against domestic and global child labor, applauds Rep. Lucille Roybal-Allard (D-CA) and Rep. Raúl Grijalva (D-AZ) for introducing the Children’s Act for Responsible Employment and Farm Safety (CARE). The legislation, introduced on Cesar Chavez Day, would close long-standing loopholes that permit children in agriculture to work for wages when they are only age 12. The bill would also ban jobs on farms labeled “hazardous” by the U.S. Department of Labor if workers are under the age of 18. The children of farm owners, working on their parents’ farms, would not be impacted by the CARE Act.

 

“Today, I am re-introducing the Children’s Act for Responsible Employment and Farm Safety (CARE Act) with my friend and co-lead Congressman Raúl M. Grijalva to protect the rights, safety, and future of [children who work on farms],” said Congresswoman Roybal-Allard, Thursday. 

 

“I’m proud to co-lead this important legislation with Rep. Roybal-Allard to protect the children of farmworkers. Farmworkers remain some of the most exploited, underpaid, and unprotected laborers in our nation. They and their children deserve legal protections, better working conditions, and higher workplace standards to protect their health and safety. It’s past time we updated our antiquated labor laws to give children working in agriculture the same protections and rights provided to all kids in the workforce,” said Rep. Grijalva. 

 

“Children working for wages on farms are exposed to many hazards—farm machinery, heat stroke, and pesticides among them—and they perform back-breaking labor that no child should have to experience,” said CLC co-chair Sally Greenberg, the executive director of the National Consumers League, a consumer advocacy organization that has worked to eliminate abusive child labor since its founding in 1899.… Read the rest

201 Organizations Endorse Legislation (CARE Act) to Close Child Labor Loopholes that Endanger the Health, Safety and Educational Development of Farmworker Children

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The Child Labor Coalition is reaching out for organizational endorsements of the Children’s Act for Responsible Employment and Farm Safety,  which would end exploitative child labor in U.S. agriculture. [The bill was introduced on Cesar Chavez Day, 3/31/2022 in the 117th Congress. We will post a bill number as soon as it is available.]

201 great national, regional, and state-based groups have endorsed this much-needed legislation.

We ask organizations to help us advance this vital legislation which would remove the exemptions to the Fair Labor Standards Act that allow children to work unlimited hours in agriculture at the age of 12; these exemptions also allow child farmworkers to perform hazardous work at the age of 16. A text of the bill can be found here.

The educational impact of child labor on U.S. farmworker children has been devastating. We estimate that two out of three children who work in the fields drop out of school.

The CLC’s press release explains why there is an urgent need to protect farmworker children and how the bill accomplishes this. Child farmworkers perform back-breaking work for long hours in excessive heat while they are exposed to pesticides and other dangerous agro-chemicals.

Organizations that wish to add their names to the list of endorsers, please email reidm@nclnet.org .

The 201 groups below have endorsed the Children’s Act for Responsible Employment and Farm Safety between 2019 and 2022:

Action for Children North Carolina
AFL-CIO
Alianza Nacional de Campesinas
Alliance for Justice 
American Academy of Pediatrics
American Federation of State, County and Municipal Employees (AFSCME)
American Federation of Teachers 
American Medical Women’s Association
Amnesty International USA 
Arkansas Human Development Corporation
Asian Americans Advancing Justice — AAJC
Asian Pacific American Labor Alliance 
Association of Farmworker Opportunity Programs 
Association of Western Pulp and Paper Workers (AWPPW) 
Bakery, Confectionery, Tobacco Workers, & Grain Millers  International Union 
Bakery, Confectionery, Tobacco Workers, & Grain Millers  International Union, Local 351 (NM)
Bank Information Center
Be Slavery Free
Beyond Borders
Beyond Pesticides
Bon Appétit Management Company 
California Human Development 
California Rural Legal Assistance Foundation 
Casa de Esperanza: National Latin@ Network for Healthy Families and Communities
CATA – Farmworkers’ Support Committee  (NJ, PA, MD)
Causa (OR)
Center for Childhood & Youth Studies, Salem State University  (MA) 
Center for Human Rights of Children, Loyola University
Center for Progressive Reform
Central Valley Opportunity Center (California)
Centro de los Derechos del Migrante
Child Labor Coalition 
Child Welfare League of America
Children’s Advocacy Institute, Univ.
… Read the rest

The Children’s Act for Responsible Employment (CARE Act) would help protect child farmworkers

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Child farmworker Greccia Balli. Photo courtesy of Human Rights Watch.

Grecia Balli began working in farm fields when she was 10 years old. At age 14, she decided to drop out of school because her life as a migrant farmworker caused her to switch schools frequently, making it difficult for her to keep up academically. By age 17 she no longer dreamed of becoming a police officer, which had been her goal. Her life revolved around farm work.

Grecia is one of an estimated 400,000 to 500,000 children who work in U.S. agriculture. Interviewed for “Fingers to the Bone,” a film by U. Roberto Romano and Human Rights Watch, Grecia said she felt as though she had no choices as a farmworker. “You don’t feel the same as other kids.”

Child farmworkers aren’t treated the same as other children, either, under current U.S. labor laws. Seventy-five years after its passage, the antiquated Fair Labor Standards Act (FLSA) of 1938 continues to regulate child labor, but fails to provide children performing agricultural work with protections equal to those afforded other children. The FLSA restricts children younger than 16 years from working for more than three hours on a school day, but a loophole for the agricultural sector means children as young as 12 can legally work unlimited hours on farms before or after school, and children of any age can work on small farms, with their parents’ permission. Children 14 and older can work on any farm, without parental consent. Child agricultural workers are also permitted to perform hazardous work at age 16, while hazardous work is strictly reserved for adults in all other sectors.

Agriculture is one of the most dangerous industries and the most dangerous for children, according to U.S. Department of Labor statistics. “Children working for wages on farms are exposed to many hazards—farm machinery, heat stroke, and pesticides among them—and they perform back-breaking labor that no child should have to experience,” says Child Labor Coalition (CLC) Co-Chair Sally Greenberg, the executive director of the National Consumers League, a consumer advocacy organization that has worked to eliminate abusive child labor since its founding in 1899. “Child farmworkers deserve the same protections that all other American kids enjoy.”

As Grecia’s story illustrates, schooling is also negatively impacted when children labor in agriculture. Many of them leave school before the term ends and return after it has begun. This can lead to academic difficulties. American Federation of Teachers Secretary-Treasurer and CLC Co-Chair Lorretta Johnson notes, “Fifty percent of children who regularly work on farms will not graduate from high school.” Child farmworkers have four times the national rate of school drop-out.

For more than a decade, the CLC has endeavored to address the issue of child agricultural labor and is working to help pass the Children’s Act for Responsible Employment (CARE), HR 2234, federal legislation re-introduced on June 12, 2013, by Representative Lucille Roybal-Allard (D-CA) to amend the FLSA.

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