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NEWS & VIEWS, continued from page 10


has proposed new child labor regulations appli- cable to agriculture. T e proposed rule would place new limits on the work “hired farm work- ers” under 16 (and in some cases 18) would be allowed to do—and this could severely impact horse farms, auc- tions and sales that employ young peo- ple to work hands- on with horses. Currently, young people under 16 are prohibited from working in most occupations. How- ever, the Fair La- bor Standard Act (FLSA), which es- tablished American child labor laws, includes an exemp- tion for agriculture that allows children under 16 to work on farms and ranches. “T is proposed rule would radically restrict


the work employed young people would be allowed to perform,” said AHC President Jay Hickey. “We are very concerned the DOL is attempting to so limit what young workers can do on farms and ranches that it would be im- possible to usefully employ young people.” T e proposed rule would exclude employed


workers under 16 from most animal hus- bandry activities such as breeding, vaccinating and treating sick or injured animals, including horses. It would prohibit teenagers under 16 from working near breeding stallions. T e pro- posed rule would also prohibit workers under 16 from herding livestock from horseback or on a motorized vehicle (no gatoring of horses)


Maryland Jockey Club and


The Equiery


at a preview screening of the new movie


“War Horse” December 15, 2011


Details will be announced via email.


Tickets are free and will be available on a fi rst come, fi rst served basis - but you must be on The Equiery’


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or on foot in confi ned spaces such as pens or corrals. T e operation of almost any type of tractor or power equipment would be prohibit- ed. T e proposed rule would prohibit employed workers under 18 from working in feed lots, stockyards, livestock exchanges or auc- tions. More on the proposed changes can be found on the AHC website. “T e DOL is


Join the


saying most work around livestock is too dangerous for anyone under 16. I don’t believe most people who have grown up on a farm or ranch would agree with that opinion. T ese rules are so extreme operating a


lawn mower wouldn’t be allowed,” said AHC Legislative Director Ben Pendergrass. Ostensibly, the proposed new rules would not


apply to young people working on farms and ranches owned or operated by their parents. “While the ‘parental exemption’ is supposedly left intact we are concerned that family farms and ranches owned as partnerships, even with other family members, such as grandparents, or brothers and sisters, or operated as LLCs would not qualify under the ‘parental exemption’ in these proposed rules,” said Pendergrass. “We don’t believe these proposed rules recognize the reality or traditions of agriculture. Basically if you have a nephew, niece or grandchild or other young person who is 15 and wants to work on your farm or ranch you can hire them, but there


is not much farm work they would technically be allowed to do. We are also very concerned that these rules could bar anyone under 18 from working in any capacity at a horse sale or auction.”


It also does not apply to young people doing unpaid “chores” or recreational activities, but it is unclear whether work that receives compen- sation in the form of lessons or other farm ser- vices would be “paid” or “unpaid.” Some juris- dictions considered any compensation through services (such as lessons or board) to be taxable income.


Comments on these proposed new rules were due November 1, 2011. “T e AHC and other agricultural industries have asked the DOL for a 60-day extension of the comment period. It is unclear whether or not this extension will be granted,” said Hickey. “We are currently draft- ing comments to submit to the DOL; if anyone in the horse community has examples of how the proposed rule would impact their horse farm or ranch please email us at bpendergrass@ horsecouncil.org.”


Forget Replacing Teenagers with Foreign Workers


T e horse industry relies on H-2B foreign


workers to operate. T e Department of Labor (DOL) is about to adopt two new rules con- cerning the H-2B program that could signifi - cantly impact horse employers who utilize it. T e American Horse Council fears these ac- tions could make the H-2B program essentially unusable for many employers. Because of the severe impact these DOL rules could have on the small and seasonal businesses that rely on the H-2B program, Congressman Rodney Alexander (R-LA) has introduced


continued on page 74


Wayne LaFortune Reining Horses


Training Lessons


Horses for Sale Non- Pro Assistance


WayneLaFortune@hotmail.com 301.908.1738 Mt. Airy, MD


14 | THE EQUIERY | DECEMBER 2011 800-244-9580 | www.equiery.com


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