Wage and Hour Division (WHD)

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ALBUQUERQUE, N.M. -- The U.S. Department of Labor's Wage and Hour Division found three minors illegally employed during the Deming and La Mesa red chile pepper harvests. The employers were fined a total of $5,224 in civil money penalties for violating the youth employment provisions of the Fair Labor Standards Act. (FLSA).

Mesilla Park, N.M., farmer William Koenig of WJK Inc. and farm labor contractor Rosalio Bujanda have paid $1,622 each in civil money penalties for illegally employing two 15-year-olds to work at a Deming chile pepper harvest site during school hours and for failing to record their dates of birth.

Salem, N.M., farm labor contractors Manuel Jesus Ochoa and Michelle Ochoa, doing business as Mir-Agro Harvesting Inc., have paid $1,980 in civil money penalties for illegally employing an 11-year-old minor who was working after school hours with her parents in a La Mesa chile pepper field. Children under 12 are prohibited from performing harvesting work without a special waiver which, in this case, had not been obtained.

Under the FLSA, children aged 10 and 11 may hand-harvest short-season crops outside school hours for no more than eight weeks between June 1 and October 15, only if their parents have obtained special waivers from the U.S. Secretary of Labor. These children are limited to working on farms where none of the employees are subject to the minimum wage requirements of the FLSA.

Youths aged 12 and 13 may work outside of school hours in non-hazardous jobs on farms that also employ a parent or with written parental consent. Youths aged 14 and 15 may work on farms outside school hours in jobs not declared hazardous. Youths aged 16 and above may work in any farm job at any time

"The laws and regulations for underage children are very specific, and employers in violation will be fined," said Cynthia Watson, Wage and Hour regional administrator in Dallas.

An investigation by the Wage and Hour Division also determined that Koenig and Bujanda were in violation of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) for inadequate recordkeeping. MSPA provides protection for migrant and seasonal agricultural workers and requires all farm labor contractors to register with the Wage and Hour Division.

The U.S. Labor Department launched YouthRules!, a public awareness campaign, to bring teens, parents, educators and employers together to promote safe and rewarding work experiences for young workers. More information on YouthRules! can be found at www.youthrules.dol.gov.

For more information about MSPA or the FLSA, call the Albuquerque Wage and Hour office at (505) 245-2142 or the Labor Department's toll-free help line at 1-866-4USWAGE (1-866-487-9243.) Information is also available on the Internet at www.wagehour.dol.gov.

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