Michigan Interagency Migrant Services Committee (IMSC) Outreach Network In Collaboration With Michigan Primary Care Association

Transcription

1 Michigan Interagency Migrant Services Committee (IMSC) Outreach Network In Collaboration With Michigan Primary Care Association June 15, 2011 IMSC Outreach Network Goals of the Series: Resources for local and state agencies Core training for staff throughout the state Opportunity to learn more about other agencies and outreach conducted through these agencies Education from top experts on select topics Final webinar begins at 1:00 p.m. (EST) Wednesday, June 22 th : Reporting Alleged/Apparent Violations and Complaints To register go to, Along with today s webinar, archives of past webinars on personal safety and farmworker rights can be found on MPCA s Migrant Health webpage, including presentation handouts and additional resources. House Keeping Do not put your phone on hold All registered participants will receive a link to: Evaluation on Survey Monkey PowerPoint presentation List of remaining webinar series Q and A If you have a question, please send it to the host. We will attempt to get through as many as possible. 1

2 Raise Your Hand Use the Telephone See Who Is Talking Ask A Question Child Labor Requirements in Agricultural Occupations Under the Fair Labor Standards Act Presented by the U.S. Department of Labor 2

3 Child Labor in Agriculture The following information applies to minors under age 16 employed in agriculture. Parental Exemption The FLSA contains an exemption from the agricultural youth employment provisions which allows minors of any age to work at any time in any job on a farm owned or operated by their parent or a person standing in place of their parent. Minimum Age Standards Once young persons turn 16 years old, they may perform any job in agriculture. A minor 14 or 15 years old may work in agriculture, on any farm, but only outside of school hours and in non-hazardous jobs. A minor 12 or 13 years of age may work in agriculture on a farm outside of school hours and in non-hazardous jobs, but only if a parent has given written permission or if a parent is working on the same farm as his or her child. 3

4 Minimum Age Standards If the minor is younger than 12, he or she may work in agriculture only on small farms that are not required to pay the Federal minimum wage. The minor must have parental permission and may only be employed outside of school hours in non-hazardous jobs. Under the FLSA, a small farm is exempt from the minimum wage requirements if it did not use more than 500 man days in any calendar quarter during the preceding year. Permitted Occupations Minors under age 16 may engage in many activities involved in agriculture. Hazardous Occupations The Secretary of Labor has prohibited employment in certain agricultural occupations for minors under the age of 16. 4

5 Hazardous Occupation No. 1 Bans operating tractors with in excess of 20 Power-Take-Off (PTO) horsepower Hazardous Occupation No. 2 Bans operating or helping to operate pickers, combines, mowers and other implements Exemption from Hazardous Occupations Nos. 1 and and 15-year old minors who hold certificates of completion from the 4-H Federal Extension Service Training Program for either tractor operation or machine operation may work in the occupations for which they have been trained. 5

6 Hazardous Occupation No. 3 Bans operating (or helping to operate) trenchers, forklifts, potato combines or power-driven saws Hazardous Occupation No. 4 Bans work with certain animals in farmyards, pens or stalls Hazardous Occupation No. 5 Bans felling timber with a diameter of over 6 inches 6

7 Hazardous Occupation No. 6 Bans working from ladders or scaffolds at heights over 20 feet Exemption from Hazardous Occupations Nos. 1 through and 15-year old student-learners enrolled in vocational agricultural programs are exempt from Hazardous Occupations Nos. 1 through 6 when certain requirements are met. Hazardous Occupation No. 7 Bans driving a vehicle transporting passengers or riding on a tractor 7

8 Hazardous Occupation No. 8 Bans working inside certain storage structures and in manure pits Hazardous Occupation No. 9 Bans handling certain agricultural chemicals Hazardous Occupation No. 10 Bans handling blasting agents 8

9 Hazardous Occupation No. 11 Bans handling anhydrous ammonia Tips for Employers Remember, hired farmworkers may not waive the child labor requirements for their own children. Compliance Assistance The Department of Labor launched YouthRules! to help employers, parents, teachers, and working teens understand and comply with federal and state youth employment provisions. Visit the YouthRules! Website for important information that will help young workers find and maintain positive and safe employment. 9

10 Compliance Assistance Materials - Child Labor The Fair Labor Standards Act The Regulations 29 CFR 570 Child Labor Bulletin 102 Handy Reference Guide Child Labor Advisor Fact Sheet 40 Poster Enforcement Enforcement is conducted out by Wage and Hour staff throughout the U.S. Employers who violate the child labor provisions are subject to a civil money penalty of up to $11,000 for each violation. Federal law prohibits the interstate movement of goods produced where child labor violations are found. Additional Information Visit the WHD homepage at: Call the WHD toll-free information and helpline at Spanish line English line Direct Line Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: Call or visit the nearest Office 10

11 Disclaimer This presentation is intended as general information only and does not carry the force of legal opinion. The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention. Tom Barnes MBG Marketing Most major food buyers expect their suppliers/vendors to meet and exceed standards they set in many areas. Two standards set by food buyers that growers must meet are food safety and child labor. 11

12 Sample Code of Conduct language: No minor may be hired if their age is below the legal limit in the country where the merchandise is produced. Workers shall be at least 14 years old unless the applicable law allows otherwise. Customers require product grown under GAPs and GMPs. Audits are routinely conducted. GAPs (good agricultural practices) = crop protection, worker protection, environment protection. GMPs (good manufacturing practices) = packing facility sanitation & security, worker hygiene/ training/safety, product and packaging food grade safety. GAPs restrict access to foodproduction areas to authorized personnel only. MLH (migrant labor housing) sites located near a food-production field may have limited or restricted access depending on access roads and driveways. If a restricted access sign is posted at field entrance- report to main office to obtain authorized field access. There are exceptions for governmental and emergency response personnel. 12

13 GMPs restrict access to food-processing facilities. Always go first to main office to report and sign in; park in designated parking area. Children are not allowed within a facility beyond the office. Pets are not allowed on the premises. Todos Tienen Derechos / Everyone Has Rights Camp Access & Youth Employment presentation by Thomas K. Thornburg Farmworker Legal Services Migrant Outreach Worker Educational Webinar June 15,

14 Todos Tienen Derechos / Everyone Has Rights Access to Labor Camps Recognized Legal Rights of Access: representatives of assistance organizations have a RIGHT to visit migrant labor camps; and occupants of migrant labor camps have a RIGHT to receive guests in their homes. Todos Tienen Derechos / Everyone Has Rights Constitutional Rights The U.S. Supreme Court has said that a property owner s right to control access to his or her property is limited by a visitor s constitutional rights, as in the case of migrant camps. Cf., U.S. v. Hassle (W.D. MI. 1971) A visitor s constitutional rights include freedom of speech, religion, press and association/assembly. U.S. Const. Amendment I Todos Tienen Derechos / Everyone Has Rights Rights under other U.S. Laws Congress has passed laws that help meet the critical needs of the poor in general and of migrant laborers in specific. E.g., NFJP, Migrant Ed Eligible migrant workers are entitled to the benefits provided by these federal laws. Camp owners cannot deny migrant workers the right to these benefits by blocking access to representatives of organizations that help provide or secure these benefits. 14

15 Todos Tienen Derechos / Everyone Has Rights Michigan Property Law Property owners have certain rights with respect to their property under Michigan law. However, these rights do not include the right to deny access to his camps to guests or persons working for any governmental or private agency whose primary objective is the health, welfare, or dignity of the migrant workers as human beings. Folgueras v. Hassle; U.S. v. Hassle, 331 F. Supp. 615, 624 (W.D. Mich. 1971) Todos Tienen Derechos / Everyone Has Rights Michigan Tenant Law The rights granted by Michigan law to tenants, including migrant workers: full rights to freely come and go to and from their dwellings (same rights are also granted to their guests and representatives of assistance organizations), and the right to invite and associate with guests of the tenants choosing. Todos Tienen Derechos / Everyone Has Rights Reasons for Rights of Access Migrant workers are vulnerable to abuse due to their isolation, barriers to communication and extreme poverty. An employer has no right to isolate migrant workers further by denying public access to migrant labor camps. 15

16 Todos Tienen Derechos / Everyone Has Rights Anti-discrimination Law Michigan s Elliott-Larsen Civil Rights Act (CRA) prohibits age discrimination in employment and familial status discrimination in migrant housing. Employers are prohibited by the CRA from taking an adverse employment action (i.e., refusing to hire) an individual because an employer perceives that person as being too young. Zanni v. Medaphis Physician Services Corp., 240 Mich. App. 472 (2000) Refusing housing to workers with children may constitute familial status discrimination under federal law. Fair Housing Act of 1988 (D. Ore. 1996) Todos Tienen Derechos / Everyone Has Rights For more Information: Thomas K. Thornburg Farmworker Legal Services Kalamazoo, MI thornbur@lsscm.org You will be receiving a follow up with a link to Survey Monkey. Your feedback is greatly appreciated. 16

17 Hosted by Michigan Primary Care Association in collaboration with Michigan Department of Human Services For additional questions please contact Lynda Meade at or by calling