With thanks to Midjourney for some rather disturbing AI generated images!
The introduction of HB255 in the Kentucky General Assembly marks a recent move in a growing trend by states to amend child labor laws. This proposal raises questions about the balance between safeguarding our youth and fostering their independence and work experience. Some states seeks to relax laws, allowing younger teenagers to work in a wider range of industries or for longer hours. Other states are strengthening laws, in response to an increase in violations by employers. Red states are more likely to try to relax laws to encourage a strong work ethos and support business, while blue ones appear more concerned with protecting youngsters from abuse or danger. Let's take a look at some of the legislation.
The Kentucky Bill
HB255 would relax state restrictions on child labor by removing the cap on the number of hours older teens can work on school nights. The bill also would bar Kentucky officials from setting child labor standards that are tougher than federal protections.
Republican Rep. Phillip Pratt, the bill’s lead sponsor, emphasized the life lessons teens can learn from holding down a job — from learning the value of money to the importance of taking personal responsibility. “For everyone on the other side of this bill, you’re standing in the way of these lessons,” he said.
Opponents warned that school work will suffer as employers will force young workers to work longer hours, especially teens who help their families cover living expenses, said Democratic Rep. Josie Raymond. “There are no teenagers who are saying, ‘Ah, man I can only work 40 hours a week right now. But if the legislature would just make it unlimited, then I’ll go to work 50 hours right away,’” she said.
The bill easily cleared its first hurdle, passing out of the House by 60 votes to 36. It wasn't all plain sailing though, with 17 republicans joining all 19 Democrats to vote against the measure following a lengthy debate.
The Trend Since 2021
According to the left-leaning think tank Economic Policy Institute, at least 30 states have introduced or passed bills to weaken child labor protections since 2021. And many more, sixteen in 2024, have proposed legislation to strengthen weak or outdated legislation. This stakeholder page sets out key enacted legislation since 2021. Many of the bills relax rules around young people working in establishments which serve alcohol. Such as another Kentucky bill, HB252, in 2022 which lowers the minimum age of employees from 20 to 18, but still prohibits bartenders under the age of 20. Alabama bill HB176 is similar, in that it relaxes the law to allow 18 to 20 year olds to work in establishments and serve alcohol, but not actually ' pour or dispense alcoholic beverages'.
Others go further. Such as Iowa's SF542 in 2023 which extends working hours for workers under age 18, as well as allows minors to seek exemptions from the state to work in some dangerous fields through workplace training programs through employers or schools.
Strengthening the Law
Legislation which seeks to strengthen laws is often in response to the growing issue of violations of existing laws. In 2023, the U.S. Department of Labor released data saying it investigated 955 cases involving child labor violations, a 14% jump from 2022. Within those cases, the department says it found nearly 5,800 minors employed in violation of the law, an 88% jump from 2019.
Oregon passed the most recent of these laws which was signed into law by Governor Tina Kotek on March 7, 2024. HB4004 substantially hikes the maximum penalty per child labor violation from $1,000 to $10,000. The bill had broad bipartisan support, passing out of the House unanimously and with only six republican dissenters in the Senate. Republican Sen. Dennis Linthicum, said a fine in that amount would “crush most small businesses.” He added,“This bill is an unnecessary heavy hand.”
Should Kids be Able to Work?
Supporters of relaxing child labor regulations claim there's an argument to be made about increased employment opportunities for minors, particularly in sectors facing labor shortages. Proponents say this not only aids businesses in need but also provides youngsters with a chance to earn, learn responsibility, and gain valuable work experience early in life.
Additionally, in economically distressed regions or amongst low-income families, the ability for minors to work can be seen as a critical financial lifeline, contributing to household income and possibly even funding their education. There’s also the broader economic argument that a more flexible workforce can drive competitiveness, especially in industries where the U.S. is vying on an international stage.
Opponents argue that allowing younger children to work, especially in labor-intensive or hazardous jobs, puts their physical and mental health at risk. It can interfere with their education, limit their leisure and social development, and in the worst cases, expose them to dangerous or exploitative situations.
Furthermore, critics argue that weakening child labor laws could lead to a rollback of hard-won protections that have significantly reduced child labor and exploitation over the past century. They fear that it could open doors to abuses reminiscent of the industrial past, where education and childhood were often sacrificed for economic gain.
Current Sessions
As the debate rages on, the current legislative sessions have already seen a plethora of new bills introduced, in addition to the Kentucky bill. This stakeholder page lists lists the key bits of legislation. In addition to Oregon HB4004, Tennessee bill HB1212 has already been enacted. It relaxes the law to allow 16 and 17 year olds to work for businesses that receive over a quarter of their total gross receipts from alcohol sales.
Other bills are making progress. Indiana's Republican-sponsored HB 1093 has now comfortably passed both chambers, with votes going largely along party lines. Currently, the Indiana Code does not allow those between 14 and 16 to work past 7 p.m. on a school night. HB 1093 would reverse that and allow them to work later while also repealing restrictions on the hours 16- to 18-year-olds can work, including in farm labor.
There was an amendment that noted that if a child is 14 or older and they have completed the 8th grade, they are eligible to work traditional hours with a parent's approval. A large push for this bill is from the Amish and Mennonite communities. Republican Rep. David Abbot, said this bill is beneficial for them as most children only go to school until 8th grade.
Other opposed the bill in testimony. “This bill is an attempt to roll back child labor protections that have been fought for generation after generation,” said Sean Crist, secretary treasurer of the Indiana State AFL-CIO, which represents more than 300,000 Hoosiers in trade unions. Crist said children should focus more on improving their educations and working on skills that can be transferable to the workplace. The removal of work hour restrictions for 16- and 17-year-olds could lead to possible abuse by being overworked by employers, which is at the expense of their education. “The individual without a high-school diploma or GED will likely face careers of limited job choice at a lower-than-average wage and possibly without meaningful benefits,” Crist said.
Conclusion
As states explore the path of revising child labor laws, the discourse serves as a reminder of the delicate balance between fostering economic opportunity and safeguarding the well-being of society's youngest members. The challenge lies in ensuring that any adjustments do not undercut essential protections for minors, recognizing that their well-being and development should remain at the forefront of policymaking. The debate underscores the need for thoughtful, informed policymaking that considers the long-term implications of such changes on all stakeholders involved.
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