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Code · BILL · 118th Congress · S. 4038 (Introduced in Senate) — To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor, and for other pur... · Sec. 102

Sec. 102. Revised age requirement for child agricultural employment and exemptions for hazardous and non-hazardous work

471 words·~2 min read·/bill/118/s/4038/is/section-102

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Section 13(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(c) ) is amended by striking paragraph
(1)and inserting the following: “(1) Except as provided in paragraph (2), the provisions of section 12 relating to child labor shall not apply to any worker— who is younger than 16 years of age and engaged for work, outside of the school hours for the school district where such worker is living while so engaged, in agriculture by his or her parent, grandparent, aunt, uncle, first cousin, or legal guardian, on a farm that is owned or operated by such parent, grandparent, aunt, uncle, first cousin, or legal guardian, while such worker is so engaged; who— is 16 or 17 years of age; and is engaged for work in agriculture; or who— is 14 or 15 years of age; and is engaged for work in agriculture— in an occupation that the Secretary finds and declares appropriate for the engagement for work of a child who is 14 or 15 years of age and does not interfere with the schooling, health, and well-being of such a child; and for periods, and under conditions, that the Secretary finds and declares appropriate for the engagement for work of a child who is 14 or 15 years of age in non-agricultural work and does not interfere with the schooling, health, and well-being of such a child. . Section 13(c) of such Act ( 29 U.S.C. 213(c) ) is further amended by striking paragraph
(2)and inserting the following: The provisions of section 12 relating to child labor shall apply to any worker younger than 18 years of age engaged for work in agriculture in an occupation the Secretary finds and declares to be particularly hazardous for the engagement for work of a child younger than 18 years of age or detrimental to the health or well-being of such a child, except— with respect to engagement for work, outside of the school hours for the school district where such worker is living while so engaged, in agriculture by his or her parent, grandparent, aunt, uncle, first cousin, or legal guardian, on a farm that is owned or operated by such parent, grandparent, aunt, uncle, first cousin, or legal guardian; or with respect to engagement for work in agriculture of a worker who— is a student learner exempted under section 570.72(a) of title 29, Code of Federal Regulations (or any successor regulations); is exempted under section 570.72(b) of title 29, Code of Federal Regulations (or any successor regulations), because the worker has completed a training program of the cooperative extension service of a land-grant college or university; or is exempted under section 570.72(c) of title 29, Code of Federal Regulations (or any successor regulations), because the worker is engaged in a vocational agricultural training program. .
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Sec. 102
Revised age requirement for child agricultural employment and exemptions for hazardous and non-hazardous work
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