Arkansas child labor violations spike; advocates urge restoration of work permit for kids under 16 – Arkansas Advocate

Arkansas child labor violations spike; advocates urge restoration of work permit for kids under 16  Arkansas Advocate

Arkansas child labor violations spike; advocates urge restoration of work permit for kids under 16 – Arkansas Advocate
Members of the Food Chain Workers Alliance protested child labor at Tyson Foods’ Springdale headquarters on October 16, 2023. (Antoinette Grajeda/Arkansas Advocate)

The Rise of Child Labor Law Violations in Arkansas

The number of state-level child labor law violations in Arkansas rose 266%, from 460 to 1,685, between fiscal years 2020 and 2023, according to a report released Monday by Arkansas Advocates for Children and Families.

Additionally, the state Department of Labor and Licensing has opened fewer investigations into child labor violations since the beginning of August 2023, when an employment certificate for companies to hire children under 16 years of age was no longer required by law under the Youth Hiring Act.

Child Labor Laws in the United States

  • 14 years old is the minimum employment age for non-agricultural jobs.
  • Youth under 18 cannot be employed in hazardous occupations.
  • Children under 16 cannot work more than a certain number of hours per week.
  • Children under 16 cannot work in manufacturing or mining or during school hours.

However, Arkansas is one of 31 states in which lawmakers have introduced bills that would weaken child labor protections since 2021, according to the Economic Policy Institute. The rollback of these laws has coincided with an increase in child labor violations.

Child Labor Violations in Arkansas

Specifically, just over half of Arkansas’ violations during fiscal years 2020 through 2024 have been for employing children beyond the maximum number of hours they can work, according to AACF’s report.

The next-largest proportion of violations, 38%, involved a lack of the previously required employment certificate for children under 16. The report states that 85% of child labor cases with employment certificate violations also contain other violations, often regarding excessive hours.

Other violations involved insufficient maintenance of records, employing children in dangerous occupations, and failing to adhere to required limits on children working in the entertainment industry.

Child Labor Violations in Comparison to Bordering States

AACF’s report found Arkansas often has a higher prevalence of federal child labor violations per million children than five of its six neighboring states, with the exception of Tennessee.

Missouri has a work permit requirement for children under 16 similar to what Arkansas. Lawmakers proposed a repeal of the law in question earlier this year, but the bill did not make it through the General Assembly.

Meanwhile in Iowa, where repeals of child labor protections have been the most substantial, some employers have learned that following state law means breaking federal law, and they are required to follow whichever is stricter.

Recent violations in Arkansas

AACF’s report found Arkansas often has a higher prevalence of federal child labor violations per million children than five of its six neighboring states, with the exception of Tennessee.

Missouri has a work permit requirement for children under 16 similar to what Arkansas. Lawmakers proposed a repeal of the law in question earlier this year, but the bill did not make it through the General Assembly.

Meanwhile in Iowa, where repeals of child labor protections have been the most substantial, some employers have learned that following state law means breaking federal law, and they are required to follow whichever is stricter.

Proposed policy changes

The state saw a decrease in the number of child labor cases, violations, and penalties in fiscal year 2024 compared to 2023, but it is impossible to attribute this solely to the Youth Hiring Act, the report states.

AACF urges the state to both restore the certificate requirement and employ investigators in the Department of Labor “dedicated to proactively seeking out child labor violators.”

Other proposed remedies include:

  • Allowing restitution for child labor victims.
  • Enacting whistleblower protection for people who expose violations.
  • Creating a public database of child labor violations and the associated employers.
  • Preventing employers with child labor violations, either directly or in supply chains, from receiving state and local government contracts.
  • Requiring public school curriculum that teaches students about workplace safety, child labor protections, and minors’ employment rights.
  • Making all state agency communications about child labor protections available in Marshallese and Spanish so they are accessible to immigrant and migrant communities.

SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

  • SDG 8: Decent Work and Economic Growth
  • SDG 4: Quality Education
  • SDG 10: Reduced Inequalities
  • SDG 16: Peace, Justice, and Strong Institutions

2. What specific targets under those SDGs can be identified based on the article’s content?

  • SDG 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor.
  • SDG 4.4: By 2030, substantially increase the number of youth and adults who have relevant skills, including technical and vocational skills, for employment, decent jobs, and entrepreneurship.
  • SDG 10.7: Facilitate orderly, safe, regular, and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.
  • SDG 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

  • Number of state-level child labor law violations
  • Number of investigations into child labor violations
  • Proportion of child labor violations related to excessive working hours
  • Proportion of child labor cases with employment certificate violations
  • Number of child labor violations in specific industries (e.g., food service)
  • Number of fines and penalties for child labor violations
  • Number of child labor victims receiving restitution
  • Existence of whistleblower protection for reporting child labor violations
  • Availability of public database of child labor violations and associated employers
  • Inclusion of workplace safety, child labor protections, and minors’ employment rights in public school curriculum
  • Availability of state agency communications about child labor protections in multiple languages

Table: SDGs, Targets, and Indicators

SDGs Targets Indicators
SDG 8: Decent Work and Economic Growth Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor.
  • Number of state-level child labor law violations
  • Number of investigations into child labor violations
  • Proportion of child labor violations related to excessive working hours
  • Proportion of child labor cases with employment certificate violations
  • Number of fines and penalties for child labor violations
SDG 4: Quality Education Target 4.4: By 2030, substantially increase the number of youth and adults who have relevant skills, including technical and vocational skills, for employment, decent jobs, and entrepreneurship.
  • Proportion of child labor cases with employment certificate violations
  • Number of child labor violations in specific industries (e.g., food service)
SDG 10: Reduced Inequalities Target 10.7: Facilitate orderly, safe, regular, and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.
  • Number of child labor violations in specific industries (e.g., food service)
  • Number of fines and penalties for child labor violations
SDG 16: Peace, Justice, and Strong Institutions Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children.
  • Number of child labor violations in specific industries (e.g., food service)
  • Number of fines and penalties for child labor violations
  • Number of child labor victims receiving restitution
  • Existence of whistleblower protection for reporting child labor violations
  • Availability of public database of child labor violations and associated employers
  • Inclusion of workplace safety, child labor protections, and minors’ employment rights in public school curriculum
  • Availability of state agency communications about child labor protections in multiple languages

Source: arkansasadvocate.com