COMP NEWS – Child labor laws are being repealed around the country, making it easier to employ teenagers and children. Despite that, the number of companies employing children in violation of even loosening labor laws is on the rise, according to the Department of Labor.

You may think that child labor was abolished a century ago, at least in the United States. That was never quite true. The Fair Labor Standards Act, passed during the New Deal, outlawed “oppressive child labor” but exempted agricultural work from many of its restrictions, which, in the decades since, has left hundreds of thousands of children in the fields. In every industry, enforcement of the law has been uneven. States have always been free to strengthen protections, which some did, but challenges to the federal standards have been rare. The Reagan Administration, in its pro-business zeal, proposed lowering the standards, but abandoned the idea under fire from teachers, parents, unions, and Democratic lawmakers armed with Dickens references.

 

Today, however, child labor in America is on the rise. The number of minors employed in violation of child-labor laws last year was up thirty-seven per cent from the previous year, according to the Department of Labor, and up two hundred and eighty-three per cent from 2015. (These are violations caught by government, so they likely represent a fraction of the real number.) This surge is being propelled by an unhappy confluence of employers desperate to fill jobs, including dangerous jobs, at the lowest possible cost; a vast wave of “unaccompanied minors” entering the country; more than a little human trafficking; and a growing number of state legislatures that are weakening child-labor laws in deference to industry groups and, sometimes, in defiance of federal authority.

So far, at least fourteen states have brought up laws rolling back child-labor protections.

In the past two years, according to a recent report from the Economic Policy Institute, at least fourteen states have enacted or proposed laws rolling back child-labor protections. Typically, the new laws extend work hours for minors, lift restrictions on hazardous work, lower the age at which kids can bus tables where alcohol is served, or introduce new sub-minimum wages. In Iowa, a new law allows children as young as fourteen to work in industrial laundries, and, with approval from a state agency, allows sixteen-year-olds to work in roofing, excavation, demolition, the operation of power-driven machinery, and other dangerous occupations. Jennifer Sherer, a co-author of the E.P.I. report, said, “Iowa’s new law contains multiple provisions that conflict with federal prohibitions on ‘oppressive child labor.’ ” It also limits employer liability for the injury, illness, or death of a child on the job. Adolescents are almost twice as likely as adults to be injured at work.

 

Many employers are clearly not waiting for the laws to change. Fast-food chains, which rely on teen-age workers, seemingly treat fines for violating the laws as a cost of doing business. (It’s the franchisees who actually break the laws, while the parent corporations pay lobbyists to help loosen them.) In February, the Labor Department announced that it had found more than a hundred children between the ages of thirteen and seventeen working in meatpacking plants and slaughterhouses, in eight states, for Packers Sanitation Services, one of the nation’s largest food-sanitation companies. The facilities themselves are owned by major corporations, including Tyson Foods and JBS. (All three companies denied that they had engaged in any wrongdoing.) The children worked overnight shifts at such jobs as cleaning bone saws and head splitters with hazardous chemicals. At least three were injured. Packers, which is owned by Blackstone, the world’s largest private-equity firm, paid a civil fine of a million and a half dollars.

To read more about the repealing of child labor laws, click here.

For more Comp News, see our recent posts.

 

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