Occupational Therapy - 2015

7 OCCUPATION: A Medium of Inquiry for Students, Faculty & Other Practitioners Advocating for Health through Occupational Studies November 2015, Volume 1, Number 1 Literature Review Legal Child Labor and Laws Legal child labor and laws contribute to protecting chil- dren in the agricultural industry throughout history until the current time. The minimum age standard for agricultural employment includes the following ages: 16, 14, 12, and children under the age of 12 (FAO, 2014; ILO, 2014). The law protects children based on age cate- gory for labor responsibilities and operating machinery before and after school hours. Children between the ages of 12 and15 have lighter agricultural responsibili- ties outside of school hours (ILO, 2014). The agriculture industry and rural-development initiatives have implemented laws recognizing children’s rights, recognizing equal gender rights and economic value, while taking into consideration the children’s rights and safety and health issues through good prac- tices to prevent exploitation or abuse (CIDA, 2006). School Hours and Agricultural Work Every state implements different laws regard- ing minimum age of employment for child labor dur- ing school hours. The majority of the states within the United States with the exception of Illinois, Massachu- setts, Nevada, and South Dakota allow individuals 16 or older to work in the agriculture industry and farming during school hours. Most states approve 14 year olds to be employed, and children under the age of 12 must have written parental consent and are exempt from the federal minimum wage (Department of Labor [DOL], 2014; NFWM, 2014). Explaining Overtime and MinimumWage Any employer in agriculture who did not utilize more than 500 “man days” of agricultural labor in any cal- endar quarter of the preceding calendar year is exempt from the minimum wage and overtime pay provisions of the FLSA for the current calendar year. A man day is defined as any day during which an employee per- forms agricultural work for at least one hour. (United States Department of Labor, 2008, para. 6) The Fair Labor Standards Act (FLSA) states all employees are entitled for overpay if the individual works beyond 40 hours per week. The employee has the right to one and half regular rate of pay. According to the FLSA, youth employment in agriculture is no less than $4.25 per hour under the age of 20 years old (DOL, 2008). 4-H Federal Extension Service Training Program In the 1950s, the Agricultural Extension Services was designed for educating and training the adult popula- tion; however, programs expanded and were specifically designed for rural youth population, such as the 4-H program and the Future Farmers of America (FFA; Liv- ing History Farm Organization [LHFO], 2014). These are youth organization programs which are sponsored by local schools throughout the United States. In 1988, FFA changed its name to National Future Farmers of America (NFFA) and operates on a local, state, and na- tional level with the aim of striving to prepare future generations for the art, science, and business of agri- cultural industry (FFA, 2014). Currently there are over half a million FFA members between the ages of 12 and 21 within the United States, including Puerto Rico, who have awarded 1,700 individuals with scholarships. Scholarships have been awarded to youth totaling 2.2 million dollars in 2014 alone. The 4-H is an after school program that is sponsored by the Extension Service and administered by National Institute of Food and Agri- culture (NIFA) and United States Department of Agri- culture (USDA), which promotes and offers vocational agriculture, such as operational training program for 14- and 15-year-old teenagers to apply and complete a certification that allows legal operation of tractors, ma- chines, and equipment after school hours (USDA, 2014; Farm Service Agency [FSA], 2014; LHFO, 2014). Terry Schrick, a retired agricultural educator, discussed the positive aspects of teaching children who work in the fields. He discussed how some of the children became very successful and pursued the medical profession, veterinarian field, while some went back to farming as a profession (LHFO, 2014). Children in agriculture versus non-agricultural work do not preclude school attendance or enrollment (Walters & Briggs, 1993). In fact, child labor outside of the agriculture industry has a higher incidence of decreased school attendance compared to children working in the agricultural industry (Walters & Briggs, 1993). Furthermore, the literacy rate among children employed in the agricultural industry was higher than children who worked in the non-agricultural areas (Walters & Briggs, 1993). Mental and Psychological Context According to Maciuba, Westneat, and Reed (2013), “findings show that the farmers have positive perspec- tives on work and farm future, and strong attachment to the land” (p. 336). Farmers expressed personal sat-