by JPeters | November 4, 2024 7:53 pm
For the past few years[1], 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 Some states are relaxing restrictions, while others are refining and “modernizing” outdated regulations.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[2] (DOL) has reported a 69 percent increase[3] 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[4] working in violation of child labor laws. This represented an 88 percent increase since 2019. There was also an 83 percent jump in penalties[5]—$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[6] of Kieler, Wis., paid $1.5 million in penalties[7] 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[8] one of the nation’s wealthiest asset managers, Blackstone[9], 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[10], 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:
The FLSA establishes different rules for agricultural work. With some exceptions, the current minimum age for employment in agricultural occupations is:
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[11] 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[12]). 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[13]—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[14] 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[15]).
In June 2022, New Hampshire’s child labor law was amended to:
The New Hampshire Lodging and Restaurant Association[16] and the New Hampshire Liquor Commission[17] 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.
Lindsay E. Nadeau[18] and Steven L. Winer[19]
Source URL: https://orr-reno.com/blog-child-labor-regulations-changing/
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