SUMMARY
Children’s Act for Responsible Employment (CARE Act, HR 3564) The Children’s Act for Responsible Employment (CAREAct, HR 3564) addressesthe inequities and harsh conditions faced by hundreds of thousands of children currently employed in agriculture in the U.S. The bill was introduced by Representative Lucille Roybal-Allard (D-CA) on September 15, 2009, and as of July 1, 2010, had 100 co-sponsors.
What the CARE Act would do:
Amend the Fair Labor Standards Act of 1938 (FLSA)by bringing the age and work hours standards for children working in agriculture up to the standards set under FLSAfor all other working youth. This would: o
Prohibit children below age 14 from working for hire in agriculture;
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Limit the number of hours that 14-and 15-year olds can work to 3 hours a day on a school day; 18 hours a week during a school week; 8 hours a day on a non-school day, and 40 hours a week during non-school weeks;
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Set 18 as the minimum age for hazardous jobs;
The Secretary of Labor would determine if specific agricultural jobs are safe for 14- and 15year-olds to perform—asis done with all other industries.
Increasethe civil monetary penalties for child labor violations from $11,000to $15,000,with a minimum penalty of $500, and higher fines for repeat or willful violations. It also increases criminal penalties to a maximum of five years imprisonment.
Require greater data collection from the Department of Labor on the industries in which minors are employed (specifically agriculture), a record of the types of violations found, and an annual report on child labor in the U.S. It also requires employer reporting of serious workrelated injuries or illnessesof minors.
Strengthen provisions regarding pesticide exposure in agriculture to take into account additional risks posed to children, and require the Worker Protection Standard for pesticides be included in the hazardous orders for minors by the Secretary of Labor.
What the CARE Act would NOT do: •
Affect the FLSA’sexisting family farm exemption. Under the CAREAct, farmers’ children of any age would continue to be able to work for their parents on their own farms.
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Prevent young people from working in agriculture. Children could work for hire on farms beginning at age 14, subject to the same age and hour restrictions that apply to young workers in all other sectors.
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Prevent young people from participating in educational and career exploration programs, such as 4-H or Future Farmers of America (FFA). Activities that are not paid employment would not be affected. Paid work experience and career exploration programs (WECEP)for 14 and 15-year olds are already allowed under existing labor regulations (29 CFR570.35a), and permit participants to work more hours and at different times than other 14 and 15-year olds.