Saying that it will protect both children and “rural values,” the U.S. Department of Labor's Wage and Hour Division (WHD) announced that it will repropose the portion of its regulation on child labor in agriculture interpreting the "parental exemption."

This decision is in part a response to requests from the public and members of Congress that the agency allow an opportunity for more input on this aspect of the rule and “reflects the department's careful attention to public comments and its conclusion that it is appropriate to provide the public with further opportunities to participate in the regulatory process.” according to a DOL press release.

The parental exemption allows children of any age who are employed by their parent, or a person standing in the place of a parent, to perform any job on a farm owned or operated by their parent or such person standing in the place of a parent. Congress created the parental exemption in 1966 when expanding protections for children employed in agriculture and prohibiting their employment in jobs that DOL considered particularly hazardous for children under the age of 16 to perform.

DOL states it “recognizes the unique attributes of farm families and rural communities. The re-proposal process will seek comments and inputs as to how the department can comply with statutory requirements to protect children, while respecting rural traditions.”

The reproposed portion of the rule is expected to be published for public comment by early summer. DOL says it will continue to review the comments received regarding the remaining portions of the proposed rule for inclusion in a final rule.

Until the revised exemption is final, WHD will apply the parental exemption to situations where “parental” farm ownership or interest in the partnership or corporation is substantial. This approach is consistent with WHD guidance for the past several years.

DOL “appreciates and respects the role of parents in raising their children and assigning tasks and chores to their children on farms …," said Secretary of Labor Hilda L. Solis. “We will continue to work closely with the U.S. Department of Agriculture to ensure that our child labor in agriculture rule generally, and the parental exemption specifically, fully reflect input from rural communities."

DOL will continue to consider feedback from the public, Congress, and the U.S. Department of Agriculture on portions of the rule outside of the parental exemption before it is finalized, says the press release.