Navigating the Shifting Landscape of Child Labor Regulations in the U.S.
Nov 04, 2024Child Labor Regulations are Changing
Some states are relaxing restrictions, while others tighten them up
For the past few years, child labor regulation has been one of the top issues in state legislatures nationwide. Some states are relaxing restrictions, while others are refining and “modernizing” outdated regulations. Since 2021, 28 states have introduced bills to loosen child labor laws, and 12 states have enacted such bills into law. In contrast, 14 states have introduced bills to strengthen and modernize child labor protections.
Why is This Happening?
The demand for child labor is high. Since 2018, the United States Department of Labor (DOL) has reported a 69 percent increase in children employed illegally in the United States. What factors are bringing more children into the workforce? One key factor is our historically tight labor market, which has created labor shortages in various industries, and lower-paying service sector businesses have been hit the hardest.
There has been an industry-backed effort in many states to roll back some of the child labor protections currently on the books and allow minors to work more hours in a wider variety of jobs and situations. Over the past few years, state legislation generally has targeted youth work permits, work hours, protections from hazardous work, and restrictions on handling alcohol.
Many recent proposals to weaken child labor regulations appear to aim at eliminating state standards that exceed the Fair Labor Standards Act (FLSA) or contradict federal standards. Some industry groups have long been interested in weakening federal standards.
More Violations
Many employers operating service sector businesses are hiring more minors these days — and many are getting caught not following the rules. Child labor violations in the United States are soaring.
During the 2022-2023 fiscal year, the United States Department of Labor found 5,792 minors working in violation of child labor laws. This represented an 88 percent increase since 2019. There was also an 83 percent jump in penalties—$8 million—in 2023.
It’s also noteworthy that one of the largest child labor cases in history was settled last year, when Packers Sanitation Services of Kieler, Wis., paid $1.5 million in penalties after a DOL investigation found that the company employed at least 102 children aged 13 to 17 to clean slaughterhouses. The company, which belongs to one of the nation’s wealthiest asset managers, Blackstone, had the children working overnight shifts and cleaning equipment such as back saws, brisket saws, and cattle skull splitters.
Acting under the federal Fair Labor Standards Act, the department fined the company $15,138 for each minor illegally employed. According to the DOL, the company’s penalty totaled $1,544,076, the maximum civil penalty allowed by federal law.
Child labor laws are at the federal and state levels
At the federal level, “child labor laws” are provisions of FLSA, which prohibits “oppressive child labor” in the United States. The FLSA defines oppressive child labor as the employment of youth, with some exceptions and subject to certain requirements, under:
- 18 years of age for hazardous occupations;
- 16 years of age for employment in non-hazardous occupations; and
- 14 years of age for a limited set of occupations, with hours and work conditions restrictions.
The FLSA establishes different rules for agricultural work. With some exceptions, the current minimum age for employment in agricultural occupations is:
- 16 years for employment in any agricultural job, including hazardous agricultural occupations, with no restrictions on hours of work;
- 14 years for employment in non-hazardous agricultural jobs outside of school hours; and
- Any age, for employment in non-hazardous agricultural jobs, outside of school hours, with parental consent, when certain conditions are met concerning farm size, the nature and duration of work, and other requirements.
Many states default to the federal child labor standards, but an increasing number have designated their own. While there are broad similarities, every state varies in its specific child labor rules and the process involved in the employment of minors. It’s important for employers to be compliant with all employment legislation in the states where they operate.
In New Hampshire, where Orr & Reno is located, a NH Youth Employment Certificate—also referred to as “working papers”—is required for any youth 12 to 15 years old seeking employment. The certificate must be on file at the employer’s place of business within 3 business days of the first day of employment (RSA 276 A-4). The employer must also have on file, prior to employment, written permission by the parent or guardian of a 16 or 17-year-old.
To secure an NH Youth Employment Certificate, a youth 12-15 years old must first find a job. The employer must complete a form—the Employer’s Request for Child Labor—and then the youth takes that form to their local school or school superintendent’s office or to their parent to obtain a signed certificate affirming a satisfactory level of academic performance by the job seeker. The youth then returns the certificate to the employer, which is kept on file.
If a 16 or 17-year-old youth is not enrolled in school, that youth can work up to 10 hours a day or 48 hours a week at manual or mechanical labor in a manufacturing establishment, or work not more than 10¼ hours a day or 54 hours a week at manual or mechanical labor in any other employment that is not exempt by statute (RSA 276-A:11).
In June 2022, New Hampshire’s child labor law was amended to:
- Repeal restrictions on minors who work more than two nights in a week.
- Lower the age at which minors may be employed to clean tables, remove empty containers and glasses, and assist in stocking from 15 to 14 years in dining areas and from 16 to 14 years in lounge areas.
- Update the restriction on the number of hours worked for minors ages 16 or 17 who are enrolled in school during an employer’s predetermined designated workweek — when school is in session for five days — to no more than 35 hours during that workweek.
The New Hampshire Lodging and Restaurant Association and the New Hampshire Liquor Commission strongly supported this legislation.
For Employers
As always, it’s good to know the rules. Employers must be familiar with FLSA standards and the child labor regulations and guidelines in each state where their operations exist. If state standards are stricter than federal standards then the state standards apply. Training your managers is the only way to ensure that minors are scheduled appropriately and doing what they are allowed to do by law.
If you have any questions or concerns about child labor laws and your workforce — and what exceptions may apply — don’t hesitate to contact Orr & Reno for answers.
