Ensuring Child Labor Law Compliance Amid Growing Scrutiny | Foley & Lardner LLP

Sustainable Development Goals (SDGs) and Compliance with Child Labor Laws

Introduction

In February, an investigative report by the New York Times shed light on the alleged employment of underage migrants, primarily from Central America, at U.S. companies¹. This report brought attention to the issue of child labor and has prompted federal agencies, such as the U.S. Department of Justice, the U.S. Department of Labor, and the U.S. Department of Health and Human Services, to take action¹. In line with the Sustainable Development Goals (SDGs), it is crucial for employers to ensure compliance with child labor laws to protect the rights and well-being of minors.

New Government Task Force

In response to the New York Times article, the federal government established a task force aimed at combating exploitative child labor². The task force, consisting of the Department of Labor (DOL) and the Department of Health and Human Services (HHS), will collaborate on information sharing, education, and training initiatives². With over 600 child labor investigations already underway, the task force aims to prioritize data-driven strategies to identify and address child labor violations². Employers should not only vet their own employees but also ensure that any staffing or employee leasing company they work with complies with child labor laws².

More Focus From DOL and Congress

The DOL has called on Congress to pass legislation that increases civil penalties for child labor violations and has intensified its enforcement efforts³. The Fair Labor Standards Act (FLSA) currently governs the employment of minors at the federal level, with additional restrictions imposed by state laws³. To strengthen child labor laws, two bills have been introduced in Congress: the Child Labor Prevention Act and an act to protect children from oppressive child labor and unsafe workplaces⁴⁵. These bills propose increased fines, criminal penalties, and the inclusion of independent contractors under child labor laws⁴⁵.

Advice for Employers

To ensure compliance with federal child labor laws, employers should keep unexpired certificates of age for each minor employed, whether or not they are legally eligible to work⁶. Age certificates can be obtained from the DOL or approved state agencies and should be retained until the termination of employment⁶. Employers can also promote compliance by training management, establishing anonymous reporting channels, displaying child labor hour warnings, and prohibiting minors from using certain equipment⁶.

Conclusion

The federal government’s focus on child labor violations necessitates close examination of policies and practices by employers. Compliance with child labor laws, as outlined in the SDGs, is essential to protect the rights and well-being of minors. Employers should prioritize the collection of age certificates, provide training and resources, and establish reporting mechanisms to ensure compliance with child labor laws.

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

The issue of employment of underage migrants and compliance with child labor laws is connected to SDG 8, which aims to promote sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all.

SDG 16: Peace, Justice, and Strong Institutions

The issue of child labor and exploitation is also connected to SDG 16, which aims to promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.

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

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

The article highlights the employment of underage migrants and the need for compliance with child labor laws. Target 8.7 specifically addresses the prohibition and elimination of the worst forms of child labor, which includes the employment of minors in conditions that are harmful to their physical and mental development.

Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children

The article discusses the exploitation of child migrants and the need for increased enforcement and penalties for violations of child labor laws. Target 16.2 aims to end all forms of abuse, exploitation, trafficking, and violence against children, including child labor.

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

The article does not mention any specific indicators that can be used to measure progress towards the identified targets. However, indicators could include the number of child labor investigations conducted, the number of violations found, the number of prosecutions and convictions related to child labor offenses, and the number of companies implementing policies and practices to prevent child labor.

SDGs, Targets, and Indicators

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Source: foley.com

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