Under (1) Massachusetts laws farm labor is exempted from minimum wage pro- 

 visions with this language "labor on a farm -- (and) the growing and harvesting 

 of agricultural, f loricultural and horticultural commodities". 



The Federal law exempts farm workers, who cultivate the soil or grow or 

 harvest crops or who raise livestock, bees, furbearing animals or poultry and 

 who do this work in greenhouses, nurseries and hatcheries from both minimum wage 

 and overtime provisions. Incidental work in connection with farming operations 

 is also exempted if work is done only on the employer's products. 



Under (2) Massachusetts law a child is defined as a person under 18 years of 

 age -- permits the employment of children between the ages of 14 and 16 on a 

 farm outside of school hours with certain limitations on the number of hours and 

 the time of day they may work provided they have an employment permit issued by 

 the Superintendent of Schools or his representative. The employer is required 

 to get permits for children between 14 and 16 and keep them on file during the 

 time they are employed . 



Massachusetts prohibits employment of children under 16 for work on certain 

 hazardous machines or in certain occupations. 



Federal law permits employment in certain hazardous occupations or on 

 certain machines only if the person is over 18 years of age and prohibits farm 

 employment if under 16 years of age. 



A minor related by blood or marriage to the owner or operator of the farm 

 where employed is exempt from the Massachusetts law provisions as to hours and 

 hazards. Under the Federal Act the farmer's own children are exempt. 



Farmers have two situations to consider: 



1. Penalties are provided for violation of both State and Federal laws, and; 



2. In the event he employs a child illegally such a person may not be an 

 "employee" under his Workmen's Compensation insurance and hence he may not have 

 insurance coverage. In the event such a person is injured while on the job the 

 employer might have to bear the full cost of court proceedings and any award 

 that the court might make. 



Farmers who employ workers under 18 years of age should be careful to comply 

 with the federal or state statutes on child labor whichever apply and if any of 

 their operations fall under the minimum wage provisions, they need to be careful 

 to be informed of the provisions of the wage-hour laws. 



A farmer would be wise to consult his attorney and his insurance agent if 

 he employs children under 18 on his farm who are not members of his immediate 

 family . 



Federal statutes apply to products in interstate commerce, fruit, vegetables, 

 milk, etc. 



Massachusetts statutes apply to all farms in the Commonwealth. 



