By Tom Stiles

About a year ago, the Amish were confronted by a problem with New York State Government. The NYS Department of Labor informed the Amish that their teenagers could no longer be involved in manufacturing.

Asm. Bill Parment (D - Ashville)

The Amish, like all New York citizens, have a constitutional right to their faith, without interference from the State of New York.  They sincerely believe that their children should be taught to work at an early age, and be trained for the family business at the end of the eighth grade.

The New York Child Labor Laws prohibit children (under age 18) from working with or being around heavy machinery.  In this case, the Amish children were assembling apple crates near the family saw mill. The Federal Government gives the Amish a religious exemption from the federal Child Labor Law, but New York State does not.

Leaders of several Amish communities contacted NYCF seeking help.  Rev. Duane Motley and Rev. Jason McGuire met with them, discussed their beliefs and practices and their needs to continue their way of life.  The Amish have had established peaceful communities in New York State for generations.  They have been able to maintain their traditions, beliefs, and practices without dispute or controversy.  They are contributing members and an asset to their local communities.  Their children are trained to work at an early age.  The children are carefully mentored and monitored while engaged in activities such as woodworking and farming.  Some of the Amish leadership present indicated that if the State of New York insists that their children cannot receive this early training, they will move to a more Amish-friendly State.

Rev. Motley and Rev. McGuire turned to a number of Legislators, seeking relief for the Amish.  Senator Catharine Young (R – Olean) and Assemblyman William Parment (D – Ashville) agreed that the Amish were important members of their districts and deserved an exemption from the NYS Child Labor Laws.  They introduced a bill in their respective House of the Legislature.  The bills, Senate S3552 and Assembly A6929 are making their way through the Legislative process.  On May 27, 2008, S3552 cleared the Senate Labor Committee and now awaits action in the Senate Rules Committee.

A6929 cleared the Assembly Labor Committee on May 20, 2008 and awaits further action in the Assembly Codes Committee. 

Opposition to the bill is coming from the State Department of Labor. State Labor argues that the bill reaches too widely and that it would exempt any religious community that employs children, not only the Amish.  The Department of Labor believes that, under the bill, cult groups could potentially exploit minors if they are engaged in for profit activities.

Additionally, a communication from the Department cites a decision in Tony and Susan Alamo Foundation v. Secretary of Labor, “which held that a religious organization that engages in for-profit activity…must comply with the same laws and restrictions applicable to its competitors.  Any other standard, said the Court, would give certain businesses an unfair advantage over others.”

Rev. Motley is optimistic that both houses will pass the bills before the end of session, and Governor Paterson will sign it into law sometime this year.  

S3552 and A6929 grant a religious exemption to the Amish, but still require adult supervision. The bills recognize the State’s responsibility to ensure religious freedom, but also ensure that minors are protected at all times.