Keith Mack
Child labor laws are under attack in states across the country, with an alarming increase in violations of the Fair Labor Standards Act's child labor provisions. Employers who violate these laws are subject to hefty fines, and punishment can even escalate to imprisonment if the government decides that the violation was willful or repeated. Despite this, many state legislators are seeking to remove prohibitions on hazardous forms of work and allow youth to work extended hours. This is a coordinated push to weaken child labor standards and build pressure for the eventual relaxation or elimination of federal wage and hour standards.
| Characteristics | Values |
|---|---|
| Punishment | Heavy fines, imprisonment |
| Child safety | Jeopardised |
| Welfare | Jeopardised |
| Education opportunities | Jeopardised |
| Child labor standards | Not met |
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What You'll Learn
- Employers who violate child labor laws are subject to hefty fines
- Punishment can escalate to imprisonment if the government decides the violation was willful or repeated
- Child labor laws are designated by the Fair Labor Standards Act of 1938 (FLSA)
- State laws can provide more protection than the FLSA, but states cannot provide lesser protections
- Industry lobbyists backing state child labor law changes view the erosion of protections as a way to build pressure for the relaxation or elimination of federal wage and hour standards
Employers who violate child labor laws are subject to hefty fines
The FLSA was passed to ensure that when children work, that work doesn’t jeopardize a child’s safety, welfare, or educational opportunities. However, there has been an alarming increase in violations of the FLSA's child labor provisions. In response, the US Department of Labor's Wage and Hour Division launched a National Strategic Enforcement Initiative on Child Labor in February 2023 to combat the most egregious and systemic child labor violations.
Employers who violate minor labor laws can face serious consequences, including hefty fines and even imprisonment if the government decides that the violation was willful or repeated. It is important for employers to understand their responsibilities under federal and state law to ensure compliance and protect the safety and welfare of child workers.
While the FLSA provides a baseline of protections, state laws can provide additional protections for child workers. For example, in some states, employers are prohibited from allowing 16- and 17-year-old workers to perform any work on a ladder. However, some states are attempting to weaken child labor protections, which could lead to hazardous or exploitative forms of child labor. It is crucial for lawmakers to strengthen child labor standards and for employers to comply with the applicable laws to safeguard the well-being of children in the workforce.
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Punishment can escalate to imprisonment if the government decides the violation was willful or repeated
Employers who violate federal child labour laws are subject to hefty fines. Punishment can escalate to imprisonment if the government decides the violation was willful or repeated. Child labour laws in the US are designated by the Fair Labor Standards Act of 1938 (FLSA). The FLSA sets a floor on wages, hours, and child labour standards. State laws can provide more protection than the FLSA, but states cannot provide lesser protections. If a state doesn’t have its own child labour laws, it must default to the federal minor labour laws.
The US Department of Labor has uncovered an alarming increase in violations of the FLSA's child labour provisions. In February 2023, the Department's Wage and Hour Division launched a National Strategic Enforcement Initiative on Child Labor to combat the most egregious and systemic child labour violations.
State legislators have been seeking to remove prohibitions on hazardous forms of work and allow youth to work extended hours. Industry lobbyists backing state child labour law changes appear to view state-by-state erosion of protections as a way to build pressure for eventual relaxation or elimination of federal wage and hour standards for the whole country. This would legalise forms of child labour long considered to be hazardous or exploitative and expand the pool of low-wage labour available to employers.
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Child labor laws are designated by the Fair Labor Standards Act of 1938 (FLSA)
The FLSA prohibits the kind of work minors are allowed to do and restricts the number of hours they can work during a day or week. Employers who violate these laws are subject to hefty fines and even imprisonment if the government decides they have willfully or repeatedly violated the laws.
Despite these protections, violations of the FLSA's child labor provisions have been increasing. In February 2023, the U.S. Department of Labor's Wage and Hour Division launched a National Strategic Enforcement Initiative on Child Labor to combat the most egregious and systemic child labor violations. This initiative aims to protect the nation's children from hazardous and exploitative work.
Some state legislators have been seeking to remove prohibitions on hazardous forms of work and allow youth to work extended hours, which conflicts with FLSA rules. Industry lobbyists backing these changes view the state-by-state erosion of protections as a way to build pressure for the eventual relaxation or elimination of federal wage and hour standards. It is important for employers to understand their responsibilities under federal law and to ensure they are compliant with employment legislation in their area.
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State laws can provide more protection than the FLSA, but states cannot provide lesser protections
Child labor laws in the US are designated by the Fair Labor Standards Act of 1938 (FLSA). If a state doesn’t have its own child labor laws, it must default to the federal minor labor laws. The FLSA sets a floor on wages, hours, and child labor standards. However, state laws can provide more protection than the FLSA, but states cannot provide lesser protections. If state laws are weaker than those provided under federal labor laws, the federal labor law prevails.
For example, in one state with more protective laws, under state law, employers are prohibited from allowing 16- and 17-year-old workers to perform any work on a ladder. In another state with less protective laws, employers are seeking to remove prohibitions on hazardous forms of work or allow youth to work extended hours. This would conflict with FLSA rules.
In the case of disputes, federal law may supersede state law, as every state is legally obligated to follow federal law. However, the FLSA only provides a minimum threshold for employee rights. Most states have expanded on the minimum requirements. When it comes to disputes over these issues, state law may supersede federal law because it provides more protection to the employee. So long as a state law meets the federal minimum, it may trump the federal law. For example, an employer cannot legally pay an employee less than the state minimum wage.
In summary, state laws can provide more protection than the FLSA, but they cannot provide lesser protections. If a state law is weaker than federal labor laws, the federal law prevails.
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Industry lobbyists backing state child labor law changes view the erosion of protections as a way to build pressure for the relaxation or elimination of federal wage and hour standards
Child labor laws in the US are designated by the Fair Labor Standards Act of 1938 (FLSA). If a state doesn't have its own child labor laws, it must default to the federal minor labor laws. However, violations of these laws are increasing. In February 2023, the Department's Wage and Hour Division launched a National Strategic Enforcement Initiative on Child Labor to combat the most egregious and systemic child labor violations.
National business lobbyists, chambers of commerce, and well-funded conservative groups are backing state bills to increase teen participation in the workforce. For example, the conservative Opportunity Solutions Project and its parent organization, the Foundation for Government Accountability, helped lawmakers in Arkansas and Missouri draft bills to roll back child labor protections.
Some recent bills proposed by state legislators would authorize employers to hire children in hazardous industries like construction or to operate power-driven industrial machinery. Other bills have sought to establish a subminimum wage for workers under a certain age, below the minimum wage required by federal or state law.
The success of the National Strategic Enforcement Initiative on Child Labor depends on all of us working together to protect our nation's children.
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Frequently asked questions
Employers who violate minor labor laws are subject to hefty fines and, in some cases, imprisonment if the government decides that the violation was willful or repeated.
Federal child labor laws are designated by the Fair Labor Standards Act of 1938 (FLSA). These laws were passed to ensure that when children work, their safety, welfare, and educational opportunities are not jeopardized.
The FLSA sets a floor on wages, hours, and child labor standards. It restricts the number of hours a minor can work during a day or week and prohibits certain types of work for minors.
Yes, state laws can provide more protection than the FLSA, but they cannot provide lesser protections. If a state’s laws are weaker than federal labor laws, the federal laws prevail.
Child labor laws are under attack in many states across the country, with lawmakers seeking to weaken standards and remove prohibitions on hazardous forms of work. At the same time, violations of child labor laws are on the rise.
