Child Labor Laws: Effective Implementation Year

Child labor laws became effective in the United States in 1938 with the passing of the Fair Labor Standards Act (FLSA). The FLSA was the first federal law to address issues related to the employment and welfare of working children. The act set a minimum age for employment and restricted the hours that youth under 16 years of age could work. It also listed hazardous occupations that were too dangerous for young workers to perform.

The history of child labor in the United States dates back to the country's founding. During the Industrial Revolution, children as young as 10 years old (and sometimes younger) routinely worked in factories, on farms, and in retail stores. The use of child labor reached its peak during this time due to miserable working conditions, including long hours, a lack of safety codes, and low wages.

In the late 19th century, progressive child labor reformers began to gain traction, and efforts to outlaw the employment of small children expanded at the state level. However, many states (particularly in the South) resisted these efforts. It wasn't until the 20th century that reform efforts became widespread, with the formation of organizations dedicated to the abolition of child labor, such as the National Child Labor Committee in 1904.

The first federal child labor bill was introduced in 1906 by Republican Senator Albert J. Beveridge, but it was not adopted. It wasn't until 1916 that the Keating-Owen Act, the first federal child labor law, was passed. However, this act was later struck down by the Supreme Court in 1918.

It wasn't until the FLSA was passed in 1938 that a comprehensive child labor law was enacted and upheld by the Court. This act set national standards for the employment of children and has been amended periodically since then. Today, child labor laws continue to evolve, with some states loosening restrictions and others advocating for stronger protections.

Child labor laws in the United States: what they address and how they came to be

Child labor laws in the United States have evolved over the years to address issues related to the employment and welfare of working children. The history of child labor in the US is extensive, dating back to the colonial era and gaining prominence during the Industrial Revolution. Here is an overview of the key points regarding child labor laws in the United States:

Historical Context

The use of child labor has a long history in the United States, with children as young as 10 or even younger working in various industries such as agriculture, manufacturing, and domestic service. The Puritan work ethic valued hard work over idleness, and children were expected to contribute to the family economy. The Industrial Revolution further increased the demand for child labor, as factories and mines sought workers who could be paid less and fit into tight spaces.

Early Reform Efforts

The mid-19th century saw the first attempts at regulating child labor, with educational reformers advocating for primary education and some states establishing minimum wage and school attendance laws. However, these laws were often full of loopholes, and child labor remained widespread.

Progressive Era Reforms

The Progressive Era in the early 20th century saw more widespread reform efforts, with the formation of the National Child Labor Committee in 1904, which advocated for the abolition of child labor. These efforts led to the introduction of the first federal child labor bill in 1906 by Republican Senator Albert J. Beveridge, which brought heightened attention to the issue. However, the bill was turned down by President Theodore Roosevelt.

The Keating-Owen Act

In 1916, the National Child Labor Committee and the National Consumers League pressured Congress to pass the Keating-Owen Act, which outlawed interstate commerce involving goods produced by children under the ages of 14, 15, or 16. This marked the first federal child labor law, but it was later struck down by the Supreme Court in 1918.

The Fair Labor Standards Act

Reformers continued to push for federal legislation, and in 1938, Congress passed the Fair Labor Standards Act (FLSA), which included child labor provisions. The FLSA was a sweeping federal law that restricted the employment and abuse of child workers, protecting their educational opportunities and prohibiting their employment in hazardous occupations. The FLSA set restrictions on the hours that youth under 16 could work and listed specific occupations deemed too dangerous for young workers.

State-Level Variations

It is important to note that child labor laws can vary at the state level, with each state having its own minimum requirements for the age of employment, working hours, and safety regulations. While the FLSA established federal guidelines, states have the flexibility to enforce more stringent standards if their laws differ from federal law.

Ongoing Challenges

Despite the progress made, child labor remains an issue in certain sectors, such as agriculture, where migrant workers are more challenging to regulate. Additionally, there are concerns about the exploitation of children of illegal immigrants in industries like garment manufacturing. State-by-state enforcement of child labor laws continues to be a challenge, and efforts to protect the welfare and educational opportunities of working children remain ongoing.

The Fair Labor Standards Act of 1938: the most sweeping federal law restricting child labor

The Fair Labor Standards Act of 1938 (FLSA) is a federal law that restricts the employment and abuse of child workers in the United States. It was enacted by the 75th United States Congress and signed into law by President Franklin D. Roosevelt on June 25, 1938, coming into effect on October 24, 1938.

The FLSA created the right to a minimum wage and "time-and-a-half" overtime pay for working over forty hours a week. It also prohibited the employment of minors in "oppressive child labour", ensuring that when young people work, it does not jeopardise their health, well-being, or educational opportunities. The Act applied to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer could claim an exemption from coverage.

The road to the FLSA was a long one, with many failed attempts to pass federal child labour legislation. The National Child Labor Committee (NCLC), an organisation dedicated to the abolition of all child labour, was formed in 1904 and played a significant role in advocating for reform. In 1916, the United States Congress passed the Keating-Owen Act, which outlawed interstate commerce involving goods produced by employees under the age of 14, 15, or 16, depending on the type of work. However, this law was struck down by the Supreme Court in 1918.

In the following years, several attempts were made to pass federal child labour laws, including through constitutional amendments and the National Industrial Recovery Act, but these efforts were unsuccessful due to legal challenges and political opposition. Finally, in 1938, Congress passed the FLSA, which included child labour provisions modelled on the Keating-Owen Act. The FLSA established the first federal minimum wage of $0.25 per hour, limited the workweek to 44 hours, and created the Department of Labor's Wage and Hour Division (WHD) to enforce the law.

While the FLSA was a significant step forward in restricting child labour, it did not cover all forms of child labour. Agricultural labour, for example, was excluded from the law, and as a result, approximately 500,000 children continue to work in agriculture, picking almost a quarter of the food produced in the United States.

Child labor in America: a long and unsavory history

Child labor has been practiced throughout most of human history, but it reached its peak during the Industrial Revolution. The Puritan work ethic of the 13 colonies valued hard work over idleness, and this applied to children as well. Children worked on family farms, as indentured servants, and as apprentices.

The Industrial Revolution

The Industrial Revolution saw the rise of factories and mines, which needed workers. Children were ideal employees because they could be paid less, were often small enough to fit into tight spaces, and were less likely to unionize.

Post-Civil War

Advances in manufacturing techniques after the Civil War increased the number of jobs, and therefore the number of child laborers. Immigration to the United States also peaked during this time, leading to a new source of child labor.

Early Attempts at Regulation

Educational reformers of the mid-19th century attempted to convince the public that primary school education was necessary for the nation to advance. Several states established a minimum wage and requirements for school attendance, though these laws were full of loopholes that were exploited by employers.

The National Child Labor Committee

The National Child Labor Committee, an organization dedicated to the abolition of child labor, was formed in 1904. They published information on the lives and working conditions of young workers, which helped to mobilize popular support for state-level child labor laws.

Federal Legislative Efforts

Child labor first became a federal legislative issue in 1906 with the introduction of the Beveridge proposal, which sought to regulate the types of work in which children could be engaged. Although this legislation was not adopted, it led to extended studies of child labor conditions and a series of legislative proposals.

The Fair Labor Standards Act

In 1938, the Fair Labor Standards Act was passed, which remains the primary federal law dealing with the employment of children. This law restricts the employment and abuse of child workers, protects their educational opportunities, and prohibits their employment in jobs detrimental to their health and safety.

Ongoing Issues

Despite these regulations, child labor continues to exist in certain areas of the economy, such as agriculture, where migrant workers are more difficult to regulate. In recent years, children of illegal immigrants have also been employed in the garment industry as a way to compete with imports from low-wage countries.

The Beveridge proposal of 1906: the first federal legislative issue on child labor

In 1906, Republican Senator Albert J. Beveridge introduced the first child labor bill at the national level, which brought heightened attention to the issue. The bill was later turned down by President Theodore Roosevelt.

The Beveridge proposal of 1906 was the first federal legislative issue on child labor in the United States. It was introduced by Republican Senator Albert J. Beveridge of Indiana and sought to outlaw the transport in interstate commerce of any articles mined or manufactured by children under 14 years of age. Beveridge declared:

> We cannot permit any man or corporation to stunt the bodies, minds, and souls of American children. We cannot thus wreck the future of the American Republic.

He highlighted the need for federal intervention, noting that even if some states had good child labor laws, businesses in those states would be at a disadvantage compared to businesses in states with weaker laws. Beveridge also pointed out that children could seek employment in a neighboring state and return home after their shift, which created an incentive for businesses in states with stronger laws to violate them to remain competitive.

The introduction of the Beveridge bill sparked a national debate on child labor and led to increased attention from civic groups and the media. Despite this, the bill faced opposition from President Roosevelt, who doubted its constitutionality and preferred to leave the issue to the states. The bill ultimately did not pass, but it laid the groundwork for future federal legislation addressing child labor.

The National Child Labor Committee: a central force in the movement to end child labor

The National Child Labor Committee (NCLC) was a private, non-profit organisation in the United States that served as a leading proponent for the national child labour reform movement. It was founded on 25 April 1904, by Edgar Gardner Murphy, an American clergyman and author, following a conference between Murphy's Alabama Child Labor Committee and the New York Child Labor Committee. The NCLC was administered by a board of directors, with Felix Adler elected as its first chairman.

The NCLC's mission was to promote "the rights, awareness, dignity, well-being and education of children and youth as they relate to work and working". The organisation swiftly procured the support of prominent Americans, including former president Grover Cleveland, Senator Benjamin Tillman of South Carolina, and the president of Harvard University, Charles W. Eliot. In 1907, the NCLC was chartered by an act of Congress and began to advocate for child labour reform on the state level.

The NCLC hired Lewis Hine, a teacher and professional photographer, to document child labour in American industry. Hine's photographs of boys and girls employed in mills, factories, and other occupations across the United States, provided the average American with a window into the somber working conditions facing the nation's youth. Hine's work resulted in a wave of popular support for federal child labour regulations put forward by the NCLC.

In 1915, the NCLC shifted its focus to the federal level, advocating for a bill to end child labour in American mines and factories. Although this bill was allowed to die in the Senate, it was called "a turning point in American constitutional history" as it attempted to establish federal control over working conditions and wages. In 1916, the NCLC backed the Keating-Owen Act, prohibiting the shipment of goods manufactured or processed by child labour in interstate commerce. The Act was signed into law by President Woodrow Wilson but was later deemed unconstitutional by the Supreme Court.

In response, the NCLC advocated for a federal constitutional amendment, which passed in 1924 but was never ratified. The organisation also supported the Fair Labor Standards Act (FLSA) of 1938, which included child labour provisions designed by the NCLC. The FLSA prohibits interstate commerce of goods produced through oppressive child labour and remains the primary federal child labour law today.

During World War II, the NCLC served as a watchdog to ensure that employment shortages did not weaken child labour laws. After the war, the NCLC broadened its scope, emphasising the importance of educating children about the working world and advocating for programs to advance the education and health of migrant farmworkers. The organisation continued its work into the 1990s, eventually shutting down in 2017 as it had succeeded in its mission to end child labour.

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