Rising Child Labor Violations in the U.S.: A Growing Concern Amid Legislative Changes

In recent years, the United States has witnessed a significant surge in child labor violations, coinciding with legislative changes in several states that have relaxed protections for young workers. This trend has sparked a national debate over the balance between economic demands and the welfare of minors.

According to the U.S. Department of Labor (DOL), fiscal year 2023 saw 955 investigations uncovering child labor violations, a 14% increase from the previous year. These investigations revealed nearly 5,800 minors employed in violation of the law, marking an 88% increase since 2019. Consequently, the DOL assessed over $8 million in penalties, an 83% rise from the prior year. (dol.gov)

Several states have enacted or proposed legislation altering existing child labor protections:

• Florida: In March 2024, Governor Ron DeSantis signed House Bill 49 (HB49) into law. This legislation allows 16- and 17-year-olds to work more than eight hours on Sundays and holidays and provides mechanisms for waiving weekly hour limitations during school sessions. The law also mandates meal breaks for minors under 15 and those aged 16-17 working extended hours. HB49 took effect on July 1, 2024. (foley.com)

• Arkansas: The Youth Hiring Act of 2023 repealed a century-old law requiring employers to verify the age and obtain parental consent for workers under 16. (americamagazine.org)

• Indiana: Senate Bill 146, signed into law in March 2024, allows 14- to 16-year-olds to work past 7 p.m. on school nights and removes restrictions on work hours for 16- to 18-year-olds. (littler.com)

• Iowa: The state updated its Youth Employment Law on July 1, 2024, permitting employers to apply for waivers allowing 16- and 17-year-olds to participate in certain hazardous work activities under specific conditions. (americamagazine.org)

These legislative changes have raised concerns among child welfare advocates. Critics argue that such measures could exploit vulnerable teens, especially from disadvantaged backgrounds, potentially harming their education and health. Studies indicate that night shifts increase long-term health risks, and adequate sleep is crucial for adolescent brain development. In Florida, nearly 20% of students are already chronically absent, raising concerns that increased work hours could exacerbate this issue. (ft.com)

Several high-profile cases have highlighted the issue of child labor violations:

• Packers Sanitation Services Inc. (PSSI): Over a three-year period, the DOL found that more than 100 children, some as young as 13, were illegally employed in hazardous meatpacking plant jobs across eight states. PSSI was penalized $1.5 million for these violations. (blog.dol.gov)

• McDonald's Franchises: An investigation revealed that over 300 minors, including two 10-year-olds, were working at McDonald's locations across Kentucky, Indiana, Maryland, and Ohio, beyond legally allowed hours and performing prohibited tasks. The investigation resulted in $212,544 in civil penalties. (apnews.com)

In response to the rising trend of child labor violations, the DOL has initiated a crackdown. The department is advocating for increased enforcement budgets and higher penalties for violations, as the current maximum fine stands at $15,138. This effort comes amidst pressures to relax child labor laws due to difficulties employers face in hiring adult workers in a strong job market. (news.bloomberglaw.com)

The relaxation of child labor laws has sparked a national debate. Critics argue that such changes could exploit vulnerable teens, especially from disadvantaged backgrounds, potentially harming their education and health. Studies indicate that night shifts increase long-term health risks, and adequate sleep is crucial for adolescent brain development. In Florida, nearly 20% of students are already chronically absent, raising concerns that increased work hours could exacerbate this issue. (ft.com)

As the nation grapples with these developments, the need for a comprehensive examination of the correlation between legislative changes and the rise in child labor violations becomes increasingly evident. Balancing economic needs with the health, education, and well-being of minors remains a critical challenge for policymakers and society at large.