As The Market Tightens, Some States Are Looking To Ease Some Child Labor Laws

As part of the nationwide effort by states to loosen child labor restrictions, a new Arkansas law gives minors as young as 14 a license to work without a permit as part of a new law that is intended to ease operations across the state.

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With the Youth Hiring Act, which was enacted this week, businesses no longer have to obtain a work permit from the Department of Labor and Licensing in order to hire a child under the age of sixteen. Parents or guardians are also required to sign off on a child's application before they can receive a permit. It was the employer's responsibility to let the state know how many days and hours the minor would be working during the course of the year.

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In support of the new law, proponents claim that it removes a burden for businesses and empowers parents to make decisions about their children without having to seek permission from the government for that decision. Those opposed to the measure said that it removes an important protective layer that ensures that a child can work only with parental consent and that the hours that a child works do not violate federal laws on child labor.

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A number of states, including Georgia, Iowa, Minnesota, Missouri, Ohio, and South Dakota, have introduced laws in an attempt to ease child labor protections or alter the hours that younger employees are allowed to work, according to the National Conference of State Legislatures. In the past year, several states have enacted laws that extend the time minors may work or relax the requirements for working hours.

The legislation comes at a time when the labor market is tight and many employers are struggling to deal with staffing shortagesThe legislation comes at a time when the labor market is tight and many employers are struggling to deal with staffing shortages. 

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Matthew Bodie, a professor at the University of Minnesota Law School, explained that employers are interested in getting more people available to work for longer hours, which means they want more people on hand. “Some of this is extending the number of hours they can work to existing categories such as 14 and 15-year-olds by extending the number of hours they can work."

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There are some exceptions to the federal law that prohibits 14- and 15-year-olds from working during school hours or working more than three hours a day on a school day, and more than 40 hours a week when they are not in school, but the law generally prohibits them from working during school hours. There are also some industries that are prohibited from hiring them, such as manufacturing and mining, and most processing plants are as well. Federal law does not require that minors obtain work permits before they are able to work.

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Since 2018, the U.S. Labor Department has reported a 69% increase in minors being employed illegally by businesses. The department said migrant children who enter the U.S. without a parent are particularly vulnerable to exploitation. At least 102 children between the ages of 13 and 17 worked overnight shifts for a food-sanitation service provider, sometimes under dangerous conditions. Federal authorities reported that ten of the children worked at Arkansas-based facilities. 

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According to a spokeswoman for Arkansas Gov. Sarah Huckabee Sanders, who signed the bill into law earlier this week, the Republican governor believes that protecting children is important, however, the state's permit requirement is an arbitrary burden on parents.

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“All child labor laws that are actually protecting children still apply, and we expect businesses to obey them in the same way that they are required to do now,” Ms. Henning said in a statement.

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The Arkansas State Chamber of Commerce and Arkansas Advocates for Children and Families are among the organizations that opposed the bill, stating that the permit process was quick and made sure that parents were consulted.

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“The fact that employers will now have plausible deniability is one of the concerns I have with this new law, said Laura Kellams, Northwest Arkansas director for Arkansas Advocates for Children and Families. “I’m also worried about the kids who may not have attentive parents who are at risk of being exploited.”

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Responses to requests for comment were not received from the Arkansas Department of Labor and Licensing.

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The Republican Arkansas Representative Rebecca Burkes, who sponsored the bill, said protecting children should be the state’s top priority. Burkes also said that parents should make the final decision as to whether their child gets a job rather than the state.

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In a new bill, Burkes and Penzo proposed increasing civil penalties and establishing criminal penalties for child labor violations.

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The Ohio Senate passed a bill along party lines on Wednesday that would allow 14- and 15-year-olds to work until 9 p.m. during the school year, as long as their parents or legal guardians give them permission. Other states are considering legislation related to child labor.

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“Providing more power and flexibility to these families, schools, and employers is really what they want,” said Sen. Tim Schaffer, the bill's sponsor.

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There are several bills being introduced in both chambers of the Iowa legislature that would extend the hours some teenagers can work, as well as alter the types of jobs they could perform. A state representative who is the floor manager for the bill in the House, Dave Deyoe, said the legislation includes input from restaurant and business industry groups. 

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Supporters claim that the new legislation is a step toward modernizing state laws and exposing younger people to more aspects of the workforce, including some industries that are experiencing a labor shortage. Others claim that the measure would permit teenagers to be able to work more dangerous jobs and longer shifts as a result of the legislation.

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“It would be a major rethink of the hazardous-work protections that are currently in place,” Robin Clark-Bennett, director of the University of Iowa Labor Center, told The Associated Press.

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As part of the legislation, 16- and 17-year-olds are able to serve alcoholic beverages if they have the permission of their parents or legal guardians to do so. The bill would also allow leaders at the state's workforce or education departments to make exceptions to child labor laws so that work would be permitted that would otherwise be prohibited under child labor laws. In the bill, it is stated that these roles are to be fulfilled through approved programs and under highly supervised conditions, among other requirements. 

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“We are trying to help people get a better understanding of the career opportunities that we have in industrial settings,” noted JD Davis, vice president of public policy for the Iowa Association of Business and Industry. 

AFL-CIO President Charlie Wishman opposes the legislation and says lawmakers could better address labor shortages by creating more desirable jobs with better pay and benefits.

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"We care for our kids," Mr. Wishman said. "Our elected officials should do better than use them as cheap labor for multinational corporations."