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Branstad, Northey: Proposed child labor rules ‘overreaching’
By DOUG SCHMITZ
Iowa Correspondent

DES MOINES, Iowa — Gov. Terry Branstad and Iowa Agriculture Secretary Bill Northey have asked the U.S. Department of Labor (DOL) to extend the comment period on newly-proposed regulations concerning children working on family farms, which they say reach beyond the role of federal government.

“These new, overreaching regulations will prevent young people from learning through supervised hands-on experience and obtaining lifelong values,” Branstad said of their request for a 45-day extension for public comments, or until Jan. 15, 2012. “The federal government should not construct further employment barriers at a time when there are fewer job opportunities available for young people.”

In a Nov. 3 letter to Labor Secretary Hilda Solis, Branstad and Northey said the new federal regulations would limit farmers from “engaging young people in agriculture and preventing future farmers from acquiring the critical skills and experience needed for a successful career in agriculture.

“We believe that these rules are a prime example of federal overreach,” Branstad and Northey wrote. “We both appreciate the work ethic and life lessons that we learned working and growing up on our family farm.

“We know from experience that parents, grandparents, aunts, uncles and neighbors care deeply about the health and safety of children involved in agriculture. They are best positioned to determine the capabilities and safety of the kids they love. In fact, here in Iowa, our rural communities teach farm safety both to farm kids and town kids.”

They added that federal regulations should be focused on the areas of highest impact, and should strive to minimize costs and unintended consequences.

“The proposed regulatory expansion by the Department of Labor goes beyond key high-risk areas and thus dilutes the focus on worker safety,” they wrote. “Safety is at the forefront for Iowa farmers and their families, who think daily about pragmatic solutions to accomplish farming activities and chores while ensuring the well-being of those involved.

“We believe Iowa farm families and rural communities are better at ensuring the safety of children in agriculture than the federal government. The proposed regulations claim that they will in no way compromise the statutory child labor parental exemption involving children working on farms owned or operated by their parents.”
The newly-proposed rule would amend existing Fair Labor Standards Act (FLSA) child labor regulations and incorporate into them the enforcement policies the division follows when determining whether to assess a civil money penalty for child labor violations. On Sept. 2, the DOL published a notice of proposed rulemaking in 76 Federal Register 54836, with a comment period scheduled to end on Nov. 1. Last month, its Wage and Hour Division announced a 30-day extension of the comment period, to Dec. 1, for its proposed rule to revise regulations addressing child labor in agricultural and nonagricultural employment under the FLSA.

Although many comments have been submitted, the DOL also has received requests to extend the period for filing public comments from members of Congress and various agricultural business organizations.

“We need more young farmers in Iowa to carry on our agricultural traditions,” Northey said. “We are concerned that the rules will have the unintended consequences of discouraging farmers from engaging young people in agriculture, and preventing future farmers from acquiring the critical skills and experience needed for a successful career in agriculture.”

Branstad and Northey added that narrowly limiting the statutory parental exemption ignores the reality of many contemporary family farm business structures.

“Often, several generations and multiple family members are involved in a family farm operation, including farming as a Limited Liability Corp.,” they wrote. “Agriculture is currently among the bright spots in the U.S. economy.

“Iowa’s economy is composed of a unique mix of industries, but agriculture remains a core industry within the state. Farm families shouldn’t be saddled with burdensome federal regulations.”
While the regulations intend to safeguard children against actions that are “not detrimental to their education,” Branstad and Northey said they “are concerned that these regulations will prevent kids from learning through supervised hands-on experience and obtaining lifelong values from those that love them most.”

In addition, they told Solis the regulations would likely reduce opportunities for young people to earn money for college. “Many young Iowans work in fields and on farms during the summer months and save money for their future,” they continued.
11/16/2011