Child Labor Laws

[LFC]

I'm adding this because loosening child labor laws now seems to be gathering steam among Republicans. Harah Suckabee just signed a new bill into law that loosens the rules in Arkansas, a place I doubt was a bastion of concern to begin with.

Arkansas Gov. Sarah Huckabee Sanders (R) signed into law this week legislation that rolls back significant portions of the state’s child labor protections.

The law eliminates requirements for the state to verify the age of children younger than 16 before they can take a job.

Sanders believes the provision was “burdensome and obsolete,” spokeswoman Alexa Henning said in an emailed statement. Remaining state and federal regulations are still in effect, she said. Sanders signed the Republican-backed bill on Tuesday.

Things are getting worse.

The Labor Department fined Packers Sanitation Services, a subcontractor for meatpacking plants, $1.5 million in February for illegally hiring children, some of whom sustained chemical burns after working with caustic cleaning agents.

The Republican response? Just legalize it and protect employers from lawsuits.
Other states are also considering loosening child labor protections. A bill advancing in Iowa would allow 14- and 15-year-olds to work certain jobs in meatpacking plants and would shield businesses from civil liability if a youth worker is sickened, injured or killed on the job.

[LFC]

Loose child labor rules are standard Republican policy.

Child labor is back. The Labor Department’s wage and hour division recorded a 37 percent increase in 2022 in the number of minors employed in violation of the Fair Labor Standards Act, which outlawed most child labor way back in 1938 and imposed strict limits on the rest. The 37 percent increase was over the previous year. Over the previous decade, the number of minors employed in violation of the act was up 140 percent.

The surge in child labor reverses what had been, for most of the past 20 years, a significant decline in the number of minors employed in violation of the FLSA. Nobody knows exactly why the numbers started to climb in 2015, but probably it was because the labor market was getting tight. The unemployment rate, which had been falling since 2010, dropped in 2015 to 5 percent, which was then considered full employment. Workers were getting hard to find. The unemployment rate has since fallen further to 3.4 percent.

The violations began piling up just as Republican state legislators, many of them newly in the majority, went on the attack against child labor restrictions, pressing in various ways to expand the number of work hours and work settings available to teenagers aged 14 to 17. (With exceptions for farm families, child actors, and a few others, child labor under age 14 is illegal.) One Wisconsin bill went so far as to ban the phrase “child labor” from state employment statutes, requiring that the offending term be replaced by “employment of minors.” A bill introduced in Iowa last month would allow 14-year-olds to work in meatpacking plants. If the youngster gets hurt due to his own negligence (whatever that means at 14), the meatpacker will be indemnified against civil liability.

Only a few of these Dickensian pro-child-labor bills got enacted, but some did. In June, New Hampshire Governor Chris Sununu signed into law a bill that allows 14-year-old busboys to clear tables where liquor is served and expands from 30 to 35 the number of hours 16- and 17-year-olds may work during the school year. These restrictions had “become too cumbersome,” New Hampshire Deputy Labor Commissioner Rudolph Ogden explained to The New Hampshire Bulletin. Sununu is weighing a presidential bid in 2024. Working campaign slogan: Bring Back Warren’s Blacking Factory. (Just kidding.)

With this political backdrop, it’s little wonder that an investigation published Saturday by Hannah Dreier of The New York Times revealed a “shadow work force” of migrant children “across industries in every state”: 12-year-old roofers in Florida and Tennessee; 13-year-old girls washing hotel sheets in Virginia; a 13-year-old boy in Michigan making auto parts on an overnight shift that ends at 6:30 a.m.; a 12-year-old working for a Hyundai subsidiary in Alabama (this last courtesy of Reuters). The good news is that the Cheetos you’re snacking on or the Fruit of the Loom socks warming your feet may have been manufactured right here in the United States. The bad news is that they may have been made with child labor. It’s no longer just a Third World practice, or a bad memory from How the Other Half Lives.

[LFC]

This is from Nov '21.

epublican-controlled legislatures in several states have come up with a novel way to stem the effects of an ongoing labor shortage: loosen child labor laws governing the number of hours and times that teenagers are allowed to work.

It's not exactly a new strategy. Businesses hiring minimum-wage employees across the country have advertised their use of teenagers to plug the holes in their workforce for months, especially fast-food chains like Chipotle, Burger King and McDonalds, among others. Seasonal work in tourism-heavy industries like amusement parks have also doubled-down on the strategy.

But at least two states, Wisconsin and Ohio, are now pushing for new laws that would allow 14- and 15-year-olds to work longer hours — the most brazen attempts to expand American businesses' use of teenage labor in decades.

In Ohio, the Republican-controlled state legislature took up a measure last month to allow businesses to keep teenagers under the age of 16 at work until 9 p.m., with a parent's permission. Previously, they had only been allowed to work until 7 p.m. The bill was introduced by two Republicans and one Democrat.

Likewise, the Wisconsin Senate last month also passed a bill which would allow businesses to hire 14- and 15-year-olds to work from 6 a.m. to 9:30 p.m. on weeknights or 11 p.m. on weekends. The measure would only apply to businesses which run less than $500,000 in sales annually and aren't governed by a federal statute known as the Fair Labor Standards Act.

If approved by the state Assembly, which appears likely, its fate will lie with Democratic Gov. Tony Evers. It remains unclear whether he will veto the measure or not.

It's just the latest attempt in a long line of Republican-led changes to the state's child labor code over the last decade, according to an analysis in The Guardian. In 2011, Wisconsin eliminated limits on the number of hours — and days — that minors aged 16-17 could work, and even replaced the phrase "child labor" in state law with "employment of minors" in 2017.

Here's a link to the Guardian piece.

[LFC]

And some info on increased violations.

Child labor violations have been on the rise since 2015 after declining for years, according to data from the U.S. Labor Department's Wage and Hour Division. The total number of violations is much lower than it was two decades ago, but experts are still troubled.

In 2015 — the low point in the data — the Wage and Hour Division found 1,012 minors employed in violation of child labor laws, with an average of 1.9 per case. In 2022, that number more than tripled to 3,876, averaging 4.6 per case.

[LFC]

Look, it's Republican paradise. And that seems like a pretty pathetic maximum penalty.

A McDonald's restaurant in Louisville, Kentucky had 10-year-olds working shifts that sometimes ended at 2 a.m., CNN reported Wednesday.

The U.S. Department of Labor discovered the hours during an investigation into child labor law violations in the southeast.

"The agency also found three franchisees that own more than 60 McDonald’s locations in Kentucky, Indiana, Maryland and Ohio, 'employed 305 children to work more than the legally permitted hours and perform tasks prohibited by law for young workers,'" CNN said.

"The franchisees, Bauer Food, Archways Richwood and Bell Restaurant Group, did not immediately respond to a request for comment. CNN has also reached out to McDonald’s for comment."

Under the federal Fair Labor Standards Act, children younger than 14 are not permitted to work in jobs outside the agricultural sector.

“Investigators from the department’s Wage and Hour Division found two 10-year-old workers at a Louisville McDonald’s restaurant," said the Labor Department press release. “Investigators also determined two 10-year-old children were employed – but not paid – and sometimes worked as late as 2 a.m.”

According to the report, the three franchise operators face civil fines of over $200,000.

[goldenvalley]

May 3, 2023 20:50:25 GMT LFC said:

Look, it's Republican paradise. And that seems like a pretty pathetic maximum penalty.

A McDonald's restaurant in Louisville, Kentucky had 10-year-olds working shifts that sometimes ended at 2 a.m., CNN reported Wednesday.

The U.S. Department of Labor discovered the hours during an investigation into child labor law violations in the southeast.

"The agency also found three franchisees that own more than 60 McDonald’s locations in Kentucky, Indiana, Maryland and Ohio, 'employed 305 children to work more than the legally permitted hours and perform tasks prohibited by law for young workers,'" CNN said.

"The franchisees, Bauer Food, Archways Richwood and Bell Restaurant Group, did not immediately respond to a request for comment. CNN has also reached out to McDonald’s for comment."

Under the federal Fair Labor Standards Act, children younger than 14 are not permitted to work in jobs outside the agricultural sector.

“Investigators from the department’s Wage and Hour Division found two 10-year-old workers at a Louisville McDonald’s restaurant," said the Labor Department press release. “Investigators also determined two 10-year-old children were employed – but not paid – and sometimes worked as late as 2 a.m.”

According to the report, the three franchise operators face civil fines of over $200,000.

Let me guess...these kids are really big and look like 16 year olds so who can blame the employers.  Poor employers are taken advantage of by sneaky kids and their parents.