Here's How States Can Make Child Labor Laws Stronger

More than a dozen states have weakened child labor laws since 2021. A new report shows there's another way.

Feb 22, 2024

by Paul Blest

Regular readers of this newsletter have been hearing a ton about the ongoing effort to weaken child labor laws in Florida, Indiana, and elsewhere. A new publication from the left-leaning nonprofits Economic Policy Institute and State Innovation Exchange shows just how much the corporate-backed campaign has succeeded in the past three years — and offers some strategies for state lawmakers to strengthen child labor laws, rather than weaken them.

Since 2021, at least 61 bills that would explicitly weaken child labor protections have been introduced in 18 states, and 14 states have enacted these into law, according to the report. Last year, the U.S. Department of Labor said that Iowa’s liberalization of child labor law “appears to be inconsistent” with the Fair Labor Standards Act, as the new state law expands the sort of employment that 14 and 15-year-olds are allowed to have beyond what’s legal.

Despite this, conservative legislatures and their corporate backers have only accelerated their push to roll back these laws. Pitched as an expansion of “freedom” to minors, the real intent of such legislation appears to be to undermine adult workers with cheap labor; just this week, the West Virginia House of Representatives passed a bill eliminating youth work permits for kids as young as 14.

This rollback is coming, by the way, as the U.S. has seen increased attention on the illegal use of child labor by some of the country’s most well-known companies and their vendors. As with other violations of federal labor laws, the maximum penalties for such violations are incredibly low, a paltry $15,138; last year, a Wisconsin sawmill where investigators found rampant child labor violations after a 16-year-old was killed in a workplace accident was fined a grand total of $1.3 million.

The publication offers several suggestions to state lawmakers on how to strengthen these laws, such as increased penalties for violations, restrictions against employing minors in unsafe and harmful situations, educating them about their labor rights, and extending liability to companies that benefit from child labor. The authors also point to agriculture as one sector that should get particular scrutiny, considering it’s an industry where even federal law doesn’t protect kids as young as 16 from working hazardous jobs.

Protections for adult workers passed in recent years can provide a starting point. California, for example, has several laws that extend liability for labor violations committed by subcontractors to primary contractors in various industries, and currently Colorado is considering a bill extending liability for wage theft in the construction industry to primary contractors.

As the EPI and State Innovation Exchange report shows, some of this is already happening. Several states including California, Colorado, and even Texas have taken steps to strengthen child labor laws in the past few years. More could be coming soon, as lawmakers in Illinois and Michigan have said they intend to strengthen child labor protections and enforcement against violations.

The report also has suggestions for organizers hoping to build coalitions capable of holding onto and enhancing child labor protections. You can read the full publication here.

What’s happening in the states

Illinois Gov. J.B. Pritzker is proposing to cancel up to $1 billion in medical debt using federal funds.
A bill moving through the Idaho legislature would ban local governments from passing ordinances to protect renters, such as capping rent increases and fees or requiring landlords to accept federal housing assistance.
A new bill in New York could help alleviate the rent affordability crisis by creating a Social Housing Development Authority, owned by the public, to build housing.
The Oregon Senate has passed a strong right-to-repair bill requiring tech companies to make repairs more consumer-friendly and accessible. The bill will now head to the House, in spite of Apple’s opposition.
The Washington House of Representatives passed a bill to cap rent increases at 7% statewide, which will now head to the Senate.
A bill to cap insulin costs at $35 failed in the Tennessee Senate. Nearly 14 percent of Tennesseans (760,000) have diabetes, according to the American Diabetes Association.
The head of Teamsters Local 238, the largest union in Iowa, said Wednesday during a protest in Des Moines that strikes are on the table against a union-busting bill moving its way through the state Senate.
A coalition of 39 state attorneys general sent a letter urging Congress to “reform PBM practices to curtail their ability to unreasonably raise the price of drugs and to require greater transparency.”