States are weakening their child labor restrictions nearly 8 decades after the US government took kids out of the workforce

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A movement to weaken American child labor protections at the state level began in 2022.

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The ConversationThe Conversation
URL: 
https://theconversation.com/states-are-weakening-their-child-labor-restrictions-nearly-8-decades-after-the-us-government-took-kids-out-of-the-workforce-205175https://theconversation.com/states-are-weakening-their-child-labor-restrictions-nearly-8-decades-after-the-us-government-took-kids-out-of-the-workforce-205175
Retrieved on: 
Monday, June 26, 2023
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Workforce, The Washington Post, Tony Evers, Ministry of Labour, Employment, Foundation for Government Accountability, Senate, United States Department of Labor, Parent, Agriculture, Child labour, Sleep, Fair Labor Standards Act of 1938, Minor, Movement, Government, Wind, Congress, School, Documentation, Work, Democrat, Child, Occupation, Supreme court, Law of the United Kingdom, Republican, Ronald Reagan, Trade, Hammer v. Dagenhart, Federation, Health, Foundation, United States v. Darby Lumber Co., House, Book, Injury, Legislation, Nightclub, Toy, Birth control, Nursing, Private investigator, Mining
Geotags: 
MISSOURI, NEW JERSEY, COLORADO, IOWA, GEORGIA, NEW HAMPSHIRE, ARKANSAS, UNITED STATES, SOUTH DAKOTA
Summary
Key Points: 
  • A movement to weaken American child labor protections at the state level began in 2022.
  • Many conservatives and business leaders have long argued, based on a combination of ideological and economic grounds, that federal child labor rules aren’t necessary.
  • Expanding child labor can encourage kids to drop out of school and jeopardize young people’s health through injuries and work-related illnesses.

Long-brewing battle

    • U.S. law also does not treat 16- and 17-year-olds as adults.
    • The federal government deems many occupations to be too hazardous for anyone under 18.
    • Three years after President Franklin D. Roosevelt signed the Fair Labor Standards Act, the Supreme Court unanimously upheld it in the U.S. v. Darby Lumber ruling, which toppled a related precedent.

Challenges began during the Reagan administration

    • In 1982, President Ronald Reagan sought to ease federal protections to allow 14- and 15-year-olds to work longer hours in fast-food and retail establishments and to pay young workers less than the minimum wage.
    • A coalition of Democrats, labor unions, teachers, parents and child development groups blocked the proposed changes.
    • Today, the Foundation for Government Accountability, a Florida-based think tank, is drafting state legislation to strip child labor protections, The Washington Post has reported.

Iowa and Arkansas

    • In our view, Iowa has the most radical new law designed to roll back child labor protections.
    • Teens as young as 16 can now serve alcohol in Iowa restaurants, as long as two adults are present.
    • Arkansas has scrapped those safeguards against child labor exploitation.

Federal vs. state laws

    • Doesn’t federal law preempt state laws?
    • Both federal and state laws govern the employment of minors, and all states have compulsory school attendance laws.
    • Federal laws set a floor of regulations in youth employment that cover maximum hours, minimum ages, wages and protections from hazardous jobs.
    • Having child labor laws on the books at both the federal and state levels is only half the battle.

Construction sites?

    • Some states are considering legislation that directly conflicts with federal child labor standards on hazardous occupations.
    • For example, a bill Republican Minnesota state Sen. Rich Draheim introduced would allow 16- and 17-year-olds to work in or around construction sites.
    • Strong opposition from politicians, child advocacy groups, education associations, labor unions and the public has defeated some of these efforts.
    • Georgia Republicans introduced a bill that would have eliminated work permits for minors, but they withdrew it without a vote.

Taking aim at federal rules

    • There are some national efforts to weaken – or strengthen – child labor rules as well.
    • Dusty Johnson, a South Dakota Republican, seeks to revise federal regulations to permit 14- and 15-year-olds to work until 9 p.m. on school nights and up to 24 hours per week during the school year.
    • And several Democrats have introduced measures to strengthen federal child labor restrictions, especially in agriculture.
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