Gavin Howe
Child labor laws in the United States have evolved over the years, addressing issues related to the employment and welfare of working children. While the federal legal system had limited powers to enact child labor laws, individual states took the initiative with varying laws covering youth employment. The push for child labor law reforms began in the 19th century, with early trade unions and organizations advocating for minimum age requirements and schooling for child workers. The first state child labor law was enacted in Massachusetts in 1836, requiring factory children under 15 to receive a minimum level of education. In 1848, Pennsylvania set the minimum age for factory workers at 12, becoming the first state to implement legislation specifically targeting the minimum age of child laborers. The movement towards child labor legislation gained momentum in the early 20th century, with the formation of the National Child Labor Committee in 1904, dedicated to abolishing child labor. Despite setbacks and legal challenges, Congress passed the Keating-Owen Act in 1916, which banned the interstate sale of goods produced with child labor. However, it was later declared unconstitutional. Significant progress was made in 1938 with the Fair Labor Standards Act, which included provisions to restrict child labor and protect the educational opportunities and safety of youth. This federal law set a milestone in the fight against child labor in the United States, with states also playing a crucial role in enforcing and strengthening child labor regulations.
| Characteristics | Values |
|---|---|
| First state child labor law | Massachusetts, 1836 |
| First state to enact a child labor law requiring employers to provide some schooling | Connecticut, 1813 |
| First state to implement legislation pertaining to the minimum age of child laborers | Pennsylvania, 1848 |
| First child labor bill at the national level | Introduced by Republican Senator Albert J. Beveridge, 1906 |
| Founding of the National Child Labor Committee | 1904 |
| First national child labor law | Keating-Owen Act, 1916 |
| Federal law restricting child labor | Fair Labor Standards Act, 1938 |
| Number of states that ratified the child labor amendment by 1937 | 28 |
| States with loosened child labor restrictions as of 2023 | New Jersey, Arkansas |
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What You'll Learn
The Fair Labor Standards Act (FLSA)
Child labor laws in the United States address issues related to the employment and welfare of working children. The Fair Labor Standards Act (FLSA) of 1938 is the most comprehensive federal law that restricts the employment and abuse of child workers. It establishes the minimum wage, overtime pay eligibility, record-keeping, and child labor standards affecting full-time and part-time workers in the private sector and federal, state, and local governments. The FLSA's child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs that are detrimental to their health and safety. These provisions are based on the Keating-Owen Act, which was passed in 1916 and outlawed interstate commerce involving goods produced by employees under a certain age.
The FLSA restricts the hours that youth under 16 years of age can work and lists hazardous occupations that are too dangerous for young workers to perform. For non-agricultural jobs, children under 14 may not be employed, children between 14 and 16 may be employed in allowed occupations during limited hours, and children between 16 and 17 may work unlimited hours in non-hazardous occupations. The FLSA also established the first federal minimum wage of $0.25 per hour and limited the workweek to 44 hours. It created the Department of Labor's Wage and Hour Division (WHD) to enforce the law.
The FLSA's child labor provisions are enforced by the U.S. Department of Labor, which publishes guidelines for the employment of young workers in most jobs. Employers must display an official poster outlining the requirements of the FLSA and keep employee time and pay records. The Department of Labor also provides online tools such as the Hours Worked Advisor and the Child Labor Rules Advisor to help employers and employees understand their rights and responsibilities under the FLSA.
The FLSA has been updated and revised over the years to reflect changing economic conditions and societal norms. For example, in 2009, the federal minimum wage was increased to $7.25 per hour, and in 2024, the Department of Labor published a final rule updating the regulations for exempt employees, including executive, administrative, and professional employees. The FLSA continues to be a critical piece of legislation in protecting the rights and welfare of child workers in the United States.
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The Keating-Owen Act
The Act was passed in response to growing public support for curtailing child labour, with the National Child Labor Committee (NCLC) and the National Consumers League pressuring Congress to act. The NCLC played a significant role in raising awareness about the issue by hiring photographer Lewis Hine to document the working conditions of children in factories, fields, and mines. Hine's photographs influenced Congress to pass the Keating-Owen Act.
The Act prohibited the sale in interstate commerce of goods produced by factories that employed children under 14, mines that employed children younger than 16, and any facility where children under 14 worked after 7:00 p.m. or before 6:00 a.m. or for more than eight hours daily. It also specified that the U.S. Attorney General, the Secretary of Commerce, and the Secretary of Labor would convene a board to publish uniform rules and regulations to comply with the Act.
Despite its good intentions, the Keating-Owen Act was short-lived. The Supreme Court later ruled it unconstitutional on the grounds that it regulated commerce that did not cross state lines. This setback led to further efforts to address child labour, including the Fair Labor Standards Act of 1938, which established federal minimum wage, limited the workweek to 44 hours, and created the Department of Labor's Wage and Hour Division to enforce the law.
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State-level laws
Child labor laws in the United States address issues related to the employment and welfare of working children. The federal legal system had limited powers to pass child labor laws, primarily due to the constitution that gave parents the right to raise their children as they pleased. As such, child labor laws were initially a matter for individual states to deal with, and they created their own laws, including age and schooling requirements.
The first state child labor law was created in Massachusetts in 1836, requiring factory children under 15 to attend school for a minimum of three months per year. In 1842, Massachusetts also became the first state to limit the number of hours children could work per day to 10. Many states followed suit, but enforcement was inconsistent. Early trade unions at the National Trades' Union Convention in 1836 proposed requiring state minimum age laws for factory work. In 1876, The Working Men's Party proposed prohibiting the employment of children younger than 14, and in 1881, the American Federation of Labor called for states to enact legislation barring children under 14 from wage labor.
In 1904, the National Child Labor Committee (NCLC) was established to lead the movement to end the exploitation of children in the workplace. The NCLC played a crucial role in mobilizing popular support for state-level child labor laws by publishing information on the lives and working conditions of young workers. In 1906, Republican Senator Albert J. Beveridge introduced the first child labor bill at the national level, bringing heightened attention to the topic. However, it was turned down by President Theodore Roosevelt.
By the early 1900s, failures at the state level and widespread public support for curtailing child labor led many reformers to believe that a federal law was necessary. Finally, in 1938, the Fair Labor Standards Act (FLSA) was adopted, marking a significant shift in the federal government's role in child labor regulation. The FLSA included child labor provisions modeled on the Keating-Owen Act, established the first federal minimum wage, and limited the workweek to 44 hours. The FLSA's child labor provisions were designed to protect the educational opportunities of youth and prohibit their employment in jobs detrimental to their health and safety.
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The National Child Labor Committee
The NCLC was headquartered on Broadway in Manhattan, New York, and was administered by a board of directors. The organisation was formed following a conference between the Alabama Child Labor Committee and the New York Child Labor Committee. The conference culminated on April 25, 1904, at a mass meeting held in Carnegie Hall, New York City, where the formation of the NCLC was overwhelmingly supported, and Felix Adler was elected its first chair.
The NCLC began advocating for child labour reform on the state level immediately after its conception. Owen Lovejoy in the northern states and Alexander McKelway in the southern states organised a number of state-centred campaigns. Both actively organised investigations of child labour conditions and lobbied state legislatures for labour regulations.
In 1908, the NCLC hired Lewis Hine, a teacher and professional photographer trained in sociology, to document child labour in American industry. Over the next ten years, Hine published thousands of photographs designed to garner support for the NCLC's cause. Hine's photographs became the face of the NCLC and provided the average American with a window into the somber working conditions facing the nation's youth.
The NCLC played a significant role in the passage of the Keating-Owen Act in 1916, which outlawed interstate commerce involving goods produced by employees under a certain age, depending on the type of work. The organisation also contributed to various bills in the 1950s and 1960s, including the Manpower Development and Training Act, the Economic Opportunity Act, and the Vocational Education Act.
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The Walsh-Healey Act
Child labor laws in the United States address issues related to the employment and welfare of working children. The federal system had limited powers to pass child labor laws, so it was left to individual states to create their own laws, including age and schooling requirements. The start of the 20th century saw the emergence of reform efforts, with the National Child Labor Committee, an organization dedicated to the abolition of child labor, being formed in 1904.
The Walsh-Healey Public Contracts Act (PCA), enacted in 1936, established minimum wage, maximum hours, and safety and health standards for contracts exceeding \$10,000 or \$15,000 for the manufacturing or furnishing of materials, supplies, articles, or equipment to the US government or the District of Columbia. The Act was named after its Congressional sponsors, Senator David I. Walsh and Representative Arthur Healey, both Massachusetts Democrats. It was based on Executive Order 6246, issued by President Franklin D. Roosevelt in 1933, which required government contractors to adhere to fair competition codes under the National Industrial Recovery Act (NIRA).
The PCA is administered by the Wage and Hour Division, except for safety and health requirements, which are overseen by the Occupational Safety and Health Administration (OSHA). The Act ensures that covered workers receive at least the federal minimum wage and overtime pay of one and a half times their regular rate for hours worked beyond 40 in a week. It also addresses the qualifications of contractors and the enforcement of its provisions.
The most comprehensive federal law restricting child labor in the US is the Fair Labor Standards Act of 1938 (FLSA), enacted during Roosevelt's administration. It protects educational opportunities for youth, prohibits their employment in hazardous jobs detrimental to their health and safety, and restricts the hours that those under 16 can work.
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Frequently asked questions
Child labor laws in the US began to be created in the 19th century. In 1813, Connecticut became the first state to enact a child labor law, requiring employers to provide some schooling in reading, writing, and mathematics. In 1836, Massachusetts created the first state child labor law requiring factory children under 15 to attend school for a minimum of three months per year.
The first federal child labor law in the US was the Keating-Owen Act, passed in 1916. The Act prohibited the interstate sale of any goods produced by companies that employed children under 14 or mines that employed children younger than 16.
The main law regulating child labor in the US today is the Fair Labor Standards Act (FLSA) of 1938. The FLSA restricts the employment and abuse of child workers, limits the hours that youth under 16 can work, and lists hazardous occupations that are too dangerous for young workers.
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