Lawmakers in several states are embracing legislation to let children work in more hazardous occupations, for more hours on school nights and in expanded roles, including serving alcohol in bars and restaurants as young as 14.
The efforts to significantly roll back labor rules are largely led by Republican lawmakers to address worker shortages and, in some cases, run afoul of federal regulations.
Child welfare advocates worry the measures represent a coordinated push to scale back hard-won protections for minors.
“The consequences are potentially disastrous,” said Reid Maki, director of the Child Labor Coalition, which advocates against exploitative labor policies. “You can’t balance a perceived labor shortage on the backs of teen workers.”
Lawmakers proposed loosening child labor laws in at least 10 states over the past two years, according to a report published last month by the left-leaning Economic Policy Institute. Some bills became law, while others were withdrawn or vetoed.
Legislators in Wisconsin, Ohio and Iowa are actively considering relaxing child labor laws to address worker shortages, which are driving up wages and contributing to inflation. Employers have struggled to fill open positions after a spike in retirements, deaths and illnesses from COVID-19, decreases in legal immigration and other factors.
The job market is one of the tightest since World War II, with the unemployment rate at 3.4% — the lowest in 54 years.
Bringing more children into the labor market is, of course, not the only way to solve the problem. Economists point to several other strategies the country can employ to alleviate the labor crunch without asking kids to work more hours or in dangerous settings.
The most obvious is allowing more legal immigration, which is politically divisive but has been a cornerstone of the country’s ability to grow for years in the face of an aging population. Other strategies could include incentivizing older workers to delay retirement, expanding opportunities for formerly incarcerated people and making child-care more affordable, so that parents have greater flexibility to work.
In Wisconsin, lawmakers are backing a proposal to allow 14-year-olds to serve alcohol in bars and restaurants. If it passed, Wisconsin would have the lowest such limit nationwide, according to the National Institute on Alcohol Abuse and Alcoholism.
The Ohio Legislature is on track to pass a bill allowing students ages 14 and 15 to work until 9 p.m. during the school year with their parents’ permission. That’s later than federal law allows, so a companion measure asks the U.S. Congress to amend its own laws.
Under the federal Fair Labor Standards Act, students that age can only work until 7 p.m. during the school year. Congress passed the law in 1938 to stop children from being exposed to dangerous conditions and abusive practices in mines, factories, farms and street trades.
Republican Arkansas Gov. Sarah Huckabee Sanders signed a law in March eliminating permits that required employers to verify a child’s age and a parent’s consent. Without work permit requirements, companies caught violating child labor laws can more easily claim ignorance.
Sanders later signed separate legislation raising civil penalties and creating criminal penalties for violating child labor laws, but advocates worry that eliminating the permit requirement makes it significantly more difficult to investigate violations.
Other measures to loosen child labor laws have been passed into law in New Jersey, New Hampshire and Iowa.
Iowa Republican Gov. Kim Reynolds signed a law last year allowing teens aged 16 and 17 to work unsupervised in child care centers. The state Legislature approved a bill this month to allow teens of that age to serve alcohol in restaurants. It would also expand the hours minors can work. Reynolds, who said in April she supports more youth employment, has until June 3 to sign or veto the measure.
Republicans dropped provisions from a version of the bill allowing children aged 14 and 15 to work in dangerous fields including mining, logging and meatpacking. But it kept some provisions that the Labor Department says violate federal law, including allowing children as young as 14 to briefly work in freezers and meat coolers, and extending work hours in industrial laundries and assembly lines.
Teen workers are more likely to accept low pay and less likely to unionize or push for better working conditions, said Maki, of the Child Labor Coalition, a Washington-based advocacy network.