DOL To Re-Propose Parental Exemption Portion

Since September of 2011, when the Department of Labor announced proposed changes to the agricultural child labor regulations, the agency has been deluged with comments and letters of concern from those in the agricultural industry as well as many Congressmen advocating reconsideration of proposed rules which substantially restricted the parental exemption. Those public comments and concerns seem to have been successful in as far as getting DOL officials to re-propose the ‘parental exemption’ portion of the child labor in agriculture rule which has been in existence for forty years. An agency official stated the DOL will discontinue its current enforcement practice as proposed in September and will revert to its earlier enforcement practice, and that “that approach is consistent with guidance the Wage and Hour Division has provided to the public on its website for the past several years”. Until the re-proposed portion of the rule is published sometime this summer the DOL says it will continue to review public comments already received on the proposed rule’s remaining portions. They should come to the conclusion, “if it isn’t broke, don’t fix it”.