HR Management & Compliance

10-Year-Old Blueberry Picker Proves Costly for Employer

Source: Nat'l Child Labor Cmte.

Federal investigators fined an Arkansas farm $8,000 for illegally hiring a 10-year old to pick blueberries and for other wage and hour violations . The Labor Department also has recovered $1,160 in back wages for four of the farm’s workers.

“The laws and regulations for vulnerable young workers are very specific, and employers in violation will be penalized,” said Cynthia Watson, regional administrator of the Wage and Hour Division in the Southwest. “Assessing penalties is one element of the Wage and Hour Division’s comprehensive approach to ensuring the welfare of young workers.”

The investigation by the division’s Little Rock District Office found that a 10-year-old was hired to pick blueberries at the Double Springs Grass Farm in Judsonia, Ark., in violation of the FLSA’s child labor provisions. Investigators also found that four agricultural workers were not properly paid for all hours worked. The employer has agreed to comply with the FLSA in the future.

DOL is currently revamping its 40-year old rules dealing with farm labor and has given the public until Dec. 1 to respond to proposed updates to the child labor regulations. At presstime, DOL had received nearly 200 comments,  mostly form letters with identical language protesting the proposed change: “Agriculture operations offer a safe work environment for all workers, especially youth,” dozens of letters stated.

(Thompson subscribers:  See Tab 700 in Thompson’s Fair Labor Standards Handbook for more information about the FLSA’s child labor requirements for the agricultural sector.)

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