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Letter to Elaine Chao, U.S. Secretary of LaborFebruary 8, 2001 The Honorable Elaine Chao Secretary of Labor US Department of Labor 200 Constitution Avenue, NW Washington DC 20210 Dear Secretary Chao: Congratulations on your appointment as the new U.S. Secretary of Labor. Human Rights Watch looks forward to working with you and your department in protecting the rights of workers in the United States and abroad. As you assume your new responsibilities, Human Rights Watch would like to bring to your attention our deep concern about the health and safety of hundreds of thousands of children who work as hired laborers in commercial U.S. agriculture. Human Rights Watch is the largest U.S.-based organization monitoring human rights throughout the world. We conduct regular, systematic investigations of human rights abuses in some seventy countries, and are known for our impartial and reliable reporting. Recently, we completed a two-year investigation of the conditions for children working as hired farm laborers in U.S. agriculture. Our resulting report, Fingers to the Bone: United States Failure to Protect Child Farmworkers (copy enclosed), was published in June of 2000. It is based on interviews with child farmworkers, farmworker advocates, experts, and government officials in the areas of labor, agriculture, and health and safety. The report examines health and safety risks to child farmworkers, including pesticide exposure and inadequate sanitation; hazardous conditions, including work-related illnesses and injuries; wage and hour concerns, including wage fraud and excessive and inappropriate hours of work; the effect of farm work on education; and special risks to girls, including sexual harassment. Among the report's findings:
Many of the difficulties and hazards that child farmworkers face are rooted in a two-tiered, double standard of protection in US labor law. Under the Fair Labor Standards Act (FLSA), child farmworkers are allowed to work at younger ages, for longer hours, and under more hazardous conditions than children in non-agricultural jobs. The FLSA allows children as young as twelve to work unlimited hours, and permit children of sixteen to work under hazardous conditions. In contrast, children in most other jobs cannot work before age fourteen, can only work three hours on a school day until age sixteen, and are prohibited from working under hazardous conditions until age eighteen. Because the vast majority of child farmworkers are Latino and other racial minorities, this double standard of protection also amounts to de facto race-based discrimination. As you know, the FLSA dates back to 1938, when nearly a quarter of the United States population still lived on farms. Today, only about 1.5 percent of U.S. residents live on farms, and mechanization, specialization, fertilizers, and other technical innovations have led to the phenomenal growth of large-scale agriculture. As a result, where once most children in agriculture were working on their own family farms, now most are working as hired hands for commercial enterprises. Unfortunately, the law has not kept pace with these dramatic changes. Your predecessor, Secretary Alexis Herman, stated in June 2000 that current inconsistencies in the law were "unacceptable" and pledged support for legislative changes to bring child labor standards for hired farm workers in line with the standards that have long applied to other young workers. Specifically, she endorsed the Children's Act for Responsible Employment (CARE Act), which was introduced into the last Congress by Senator Tom Harkin. This legislation would amend the FLSA to raise the minimum age for employment in agriculture to fourteen, limit the number of hours that children aged fourteen and fifteen can legally work in agriculture, and strengthen sanctions against egregious child labor violators. This legislation would not impact children who work on their parents' farms, but is meant to better protect children working as hired laborers on commercial farms. This legislation also has the support of the national Child Labor Coalition, which includes more than fifty national organizations. Unfortunately, the Congressional timetable did not allow for action on the CARE Act last year. We urge you to publicly support amendments to the Fair Labor Standards Act, such as those proposed in the CARE Act, to ensure that all working children are protected equally. By establishing more appropriate age and hour restrictions for young workers in agriculture such legislative reform will help protect the health and safety of thousands of children, ensure that they stay in school and are better prepared for the time when they eventually enter the workforce. Our report also found that to the limited extent that protections for child farmworkers exist in current law, they are inadequately enforced. Our report has recommended that the Department of Labor and the Environmental Protection Agency both take steps to more vigorously enforce relevant laws, and sanction violators to the fullest extent of the law. We have also recommended to the new Secretary of Agriculture that the U.S. Department of Agriculture significantly strengthen its educational and training programs for agricultural employers to ensure that all agricultural employers are fully aware of their legal responsibilities to protect their employees (including workers hired through farm labor contractors). As Secretary of Labor, we urge you to ensure that the Department of Labor's Wage and Hour Division:
We would welcome the opportunity to meet with you or your staff at any time to discuss these concerns or to provide additional information. Thank you very much for your consideration. Sincerely, Lois Whitman Executive Director Children's Rights Division cc: Thomas M. Markey, Acting Administrator, Wage and Hour Division, U.S. Department of Labor Senator James Jeffords, Chairman, Senate Committee on Health, Education, Labor and Pensions Senator Edward Kennedy, Ranking Member, Senate Committee on Health, Education, Labor and Pensions Senator Tom Harkin | |
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