As the availability of migrant workers continues to decline - due to stricter immigration enforcement, fewer new arrivals, and an aging workforce - more farms may turn to local youth to fill the gap. This includes teens with disabilities, especially in rural communities where opportunities may be limited.
If you are a vocational rehabilitation counselor supporting school-age youth with disabilities, it’s important to understand how child labor laws apply to agricultural work. These rules are different from the ones that apply to most other jobs, and they’re often less protective.
Why This Matters for Youth with Disabilities
While agricultural work can offer new opportunities, it can also expose youth with disabilities to unsafe or unfair conditions. Here’s why this issue deserves your attention:
- Youth with disabilities may not know their rights or may feel pressure to accept unsafe or unfair work conditions.
- Parents and schools may not realize how few protections exist in agricultural jobs.
- Some youth may be drawn to farmwork because it’s accessible or close to home, but may end up in situations that risk their health, safety, or educational progress.
Vocational rehabilitation counselors play a key role in helping youth and families make informed decisions. Understanding the basics of youth labor laws is crucial to this role.
The Basics: Federal Law Comes First, But States Can Add Rules
Federal law sets the baseline for child labor in agriculture, but states can, and often do, impose stricter standards. Key federal rules include:
- Youth as young as 12 can legally work on farms in certain situations.
- There are no federal limits on how early, how late, or how many hours minors can work, as long as it’s outside school hours.
- Youth as young as 16 can legally perform hazardous work in agriculture (in contrast to non-agricultural jobs, which require a minimum age of 18).
- Children of any age can work on a parent’s farm, often with no restrictions.
Some states require work permits for youth, limit hours, or tie employment to school attendance or GPA. Others leave agricultural work largely unregulated. That’s why it’s important to check both the federal rules and state-specific rules when helping youth explore or accept agricultural work.
What You Can Do
As a VR counselor, you can help youth with disabilities pursue meaningful work experiences while avoiding risk. Here’s how:
- Know your state’s rules. Each state’s labor department has different standards and requirements for youth agricultural work.
- Ask questions. If a youth is considering or currently doing farm work, ask about their tasks, hours, and conditions.
- Support self-advocacy. Help youth with disabilities understand their rights and how to speak up if something doesn’t feel right.
- Work with families and schools. Encourage a team approach to make sure the job supports, not undermines, progress toward the youth’s employment goals.
Bottom line
Agricultural jobs may become more available to youth with disabilities, but not all of them will be safe or legal. A solid understanding of the law can help you guide youth and families toward work experiences that support their unique employment goals.
Helpful Resources
- Federal Child Labor Laws for Agriculture: U.S. Department of Labor – Agricultural Employment
- State-by-State Child Labor Laws for Agriculture: State Child Labor Laws Applicable to Agricultural Employment
- Farm Labor Topics: USDA Economic Research Service