Tag Archives: DOL

Leave the Kids Alone!

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Musings of a Pig Farmer
by Larry Sailer

The U.S. Department of Labor (DOL) is apparently moving “full steam ahead” with its plan to implement new farm youth employment guidelines. Under the proposed rules, simple tasks like using a hand-held flashlight or even a garden hose or unloading a truck are deemed far too dangerous for a teenager.

While the DOL has pledged to take another look at the language pertaining to a parental exemption regarding youth employment for 14 and 15 year olds, this could just be a smoke screen or a distraction from the larger issues the DOL has yet to address. The DOL fibbed about easing up on farm youth labor regs, according to an article published yesterday by the American Agriculturist.

The DOL has not pledged to make any changes that would allow children to work on their grandparents’ farm, their aunt and uncle’s farm, or even that a family farm that is organized as a limited liability corporation, which is commonplace today. As a grandpa who enjoys having his grandchildren help with farm work, I’m personally concerned about the DOL’s intent to regulate work my grandkids can do on the farm.

Sailer's grandson Devin plays in ISU's Spring Football Game.

The strong work ethic and the can-do attitude that is developed through farm work was evident last Saturday as I watched my grandson Devin play in Iowa State University’s spring football game in Ames. Despite having an injury and tonsillitis, that boy played with heart! I’m very proud of Devin, and I know that kind of “toughness” is what it takes to play Division 1 football. But, I also believe a lot of that grit and determination on the gridiron was developed through farm work.

Devin has enjoyed spending time on our farm and helping me with pig chores from the

Working on the farm as a child builds a strong work ethic.

time he was a tot. He enjoys driving the four-wheeler and farm equipment. He comes home from college on weekends to help with planting, harvesting, and even cleaning out the hog barns.

While watching Devin play football last Saturday, I found myself thinking about a comment made during my recent visit with Senator Tom Harkin in Washington, D.C. Sen. Harkin said he thinks the DOL needs to protect farm kids. And if Sen. Harkin and the DOL get their

Larry Sailer watching his grandson play football.

way, kids like Devin would never have a chance to experience farm life. How do bureaucrats, living in urban areas where the only green space is a park, know more about keeping kids safe on a farm than farm families?

We cannot let misled Washington bureaucrats destroy 4-H and FFA and the way our kids learn! Farming friends, I urge you to contact your congressmen and the DOL, so the federal government doesn’t prohibit young people from participating in agriculture – and from carrying on your family traditions.

Industry News“Gray Area” vs. “Grey Matter”

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Over the course of a week, our family has posted a series of blog articles related to the Department of Labor’s proposed changes the types of work youth can do on a farm. Our intent is to increase awareness of this issue and to create dialogue.

The Lathams are sharing their thoughts and concerns over how our particular operation could be impacted in hopes that other families will do the same. We don’t have law degrees nor are we interested in advising people on how to conduct their own business. We understand that each family farming operation has its own unique set of circumstances, and that’s why we’re encouraging farmers to take a closer look at RIN 1235-AA06 to see how their individual operations might be impacted.

While some rule proponents have pointed out there is an exemption for “parents,” this is a grey area. Even youth who work for their parents might not be exempt if their farm is part of a limited liability company (LLC) or trust that includes more than one owner who isn’t a parent. As written, the proposed rules extend the parental exemption to others acting on behalf of a parent but it does not specify “legal guardian.”

We believe the proposed laws include all sorts of gray areas and would like to see common sense (a.k.a. the use of “grey matter”) prevail. Take a closer look and see what questions you have about the proposed regulations; then be sure to ask for answers from the Department of Labor (DOL). When contacting the DOL, be specific about your questions. Also be specific about when commenting on how your operation would be impacted by the proposed rule changes.

Let’s keep this issue “top of mind” within the agricultural community, so that it doesn’t get brushed under the proverbial rug when the nation’s attention turns to hosting holiday gatherings at the week’s end. The U.S. Department of Labor needs to hear potential impacts their proposed regulations could have on real-life farm families.

Consider making “child labor” a topic of conversation at your family’s dinner table this Thanksgiving. After all, the comments are due by Dec. 1. Click here to submit your comments online. To submit written comments, reference RIN 1235-AA06 in your letter and mail it to:

The Wage and Hour Division
U.S. Department of Labor, Room S-3502
200 Constitution Ave., N.W.
Washington, D.C. 20210

Audio: Shannon Latham Talking about the Proposed Child Labor Law

Other related blog posts:

  1. Comment by Dec. 1 on how proposed changes to “child labor” regulations would impact your farm: http://bit.ly/ueDC92
  2. Farm cores help build character & work ethic. If you agree, please contact the Department of Labor by Dec 1: http://bit.ly/uCEp0X
  3. FFA & 4-H projects could be affected by proposed “child labor” rules: http://bit.ly/uCEp0X (http://bit.ly/w4pBxk)
  4. Child labor? Oh, please! Every day is “bring your child to work day” on the farm.” http://bit.ly/rWd2My
  5. Teen Farm Labor is Vital in Rural Areas: http://bit.ly/t5j65s

Industry NewsComment by Dec. 1 on Impacts of “Child Labor” (Part I)

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Today and tomorrow I’ll be in Kansas City, meeting with farm broadcasters at their annual convention. I plan to visit with them about the unintended consequences some proposed rule changes could have on the agricultural community in general and on the seed industry in particular.

One topic of discussion will be probable impacts of tightened rules regarding Child Labor. The U.S. Department of Labor in September proposed changes that could prohibit children from working on a farm or ranch that is not directly owned by their parents. Under the proposed rules, farm workers under the age of 16 would be prohibited from working in cultivation and harvesting crops. They also would be prohibited from working at country grain elevators, feedlots and other agribusinesses.

Ironically, the same “family farmers” that regulators are trying to exempt from the proposed rule changes will likely be impacted the most. Ownership arrangements of farming operations have changed over time as farms and ranches pass from one generation to the next. It’s common for siblings to jointly own and operate farms. It’s also common for extended families and neighbors to form legal partnerships. The proposed new child labor rules, however, could fundamentally alter these dynamics.

Regulators must closely examine how production agriculture operates today. They need to gain a better understanding of how business is conducted in rural America before these changes are implemented. But, they can’t do it without your help!

More than ever, the agricultural community needs to unite and be heard. Submit your comments before December 1, 2011 to the Department of Labor. To submit written comments, reference RIN 1235-AA06 in your letter and mail it to:

The Wage and Hour Division
U.S. Department of Labor, Room S-3502
200 Constitution Ave., N.W.
Washington, D.C. 20210

Click below for additional background information and how proposed rule changes will impact agriculture.