Farm, Ranch & Garden see more »

Working on farms during the summer break or after school has been a way for high school students, especially in rural areas, to earn money and valuable experience while doing what they love. But those opportunities would come to an end if a bill passes in Congress.

The Children’s Act for Responsible Employment (H.R. 3564), or CARE Act, would eliminate the Fair Labor Standards Act (FLSA) exemption that currently allows 12- to 17-year-olds to work on farms as long as conditions are safe and parents give their consent.

The proposed legislation comes at a time when Texas Farm Bureau (TFB) and the Texas Department of Agriculture (TDA) are enacting programs to encourage the younger generation to take up farming as a profession.

According to TDA, only 15 percent of Texas ag producers are under 45 years old. "If we continue to see a growing trend of aging agricultural producers in Texas as well as the U.S., it will not only hurt our food supply but will be detrimental to our rural communities," said Adrian Schulze, secretary/treasurer of the Blanco County Farm Bureau. "This new proposed legislation seems to be a slap in the face of our efforts to replace an aging agricultural work force."

Under the bill, minors would only be allowed to work on their own parents’ operation under the direct supervision of a parent or legal guardian.

There is no exception in the bill for non-farm youth who may be working as part of their participation in vocational agriculture programs, 4-H or cooperative education programs.

The bill was introduced by Rep. Lucille Roybal-Allard (D-Calif.) and got a boost from a report by Human Rights Watch in early May, Fields of Peril, saying that migrant farm workers put their kids in the fields to make more money, and the work threatens the children’s health and education.

While there may be some young people in the field when they don’t want to be there or shouldn’t be there, Schulze said the bill goes too far. "To prohibit all employment of people under the age of 18 would take away a lot of benefits that young people gain from working on farms. It would be throwing out the good with the bad. This bill is definitely the wrong approach."

Schulze added that existing laws should be enforced. Meanwhile, youths in agriculture should continue to be exempt from the FLSA and, with parental consent, be able to work in jobs that are safe.