Federal enforcement of child labour laws on the rise, while states take different approaches

At a glance

• Employers are seeing conflicting trends when it comes to child labour laws.
• The federal government has announced several initiatives to address an increase in children being employed illegally, including heightened enforcement of existing laws.
• While some states are following suit, seeking to expand protections for children, others are proposing and passing legislation to loosen restrictions related to child work permits, work hours, and the types of work that minors can perform.

Child labour is subject to regulation by both federal and state law. Federal child labour provisions, authorised by the Fair Labour Standards Act of 1938 (FLSA), set the minimum standards for child labour including, without limitation: (i) restrictions on occupations and hours of work for minors under age 16; (ii) prohibition on employment of minors under the age of 14 (except in agricultural occupations); and (iii) prohibition of employment of minors under the age of 18 in any hazardous occupation. Due to the fact the federal law sets the minimum standards for child protection, states historically have enforced their own state statutes beyond the minimal standards mandated by federal law.

According to US Department of Labour statistics, child labour law violations have increased by almost 70% since 2018. In a joint announcement earlier this year, the Department of Labour (DOL) and Department of Health and Human Services (HHS) outlined several actions to address this trend. These include an interagency taskforce to combat child labour exploitation, a national strategic enforcement initiative that will use data-driven strategies to initiate investigations where they are most likely to occur, a focus on holding all employers accountable to ensure child labour is removed from supply chains, and changes related to unaccompanied migrant children. The DOL also is calling on Congress to increase funding to investigate child labour cases, increase civil monetary penalties, and strengthen retaliation protections.

At the same time, several states have introduced or enacted laws to loosen existing child labour protections, drawing some criticism from advocates and federal officials. These changes include extending working hours for minors, eliminating work permit requirements, and lowering the age for alcohol service.

In Arkansas, for example, governor Sarah Huckabee Sanders recently signed into law the “Youth Hiring Act of 2023” (HB 1410), eliminating age verification and parent / guardian permission requirements for minors under the age of 16. If enacted, Minnesota’s S.F. 375 and Iowa’s S.F. 167 would lift certain restrictions on hazardous work and expand permitted work activities for children.

Other states, including New Hampshire and New Jersey, have enacted laws extending eligible work hours for minors. Under New Hampshire S.B. 345, students ages 16 and 17 can now work a maximum of 35 hours a week when school is in session. New Jersey’s A4222 similarly increased the number of eligible work hours to  40 a week for 14- and 15-year-olds and 50 a week for 16- and 17-year-olds. Similar laws extending eligible work hours for minors have been introduced in Ohio (SB 30), Minnesota (SF 1102), Missouri (HB 960), South Dakota (HB 1180), and Wisconsin (SB 332) – although the South Dakota bill has since been withdrawn and the Wisconsin bill was vetoed by the governor.

Employers are encouraged to ensure compliance with the federal child labour laws and monitor state developments.