IA child labor law: Some claim federal government ‘targets’ restaurants over violations
IA child labor law: Some claim federal government 'targets' restaurants over violations ktvo.com
sdgtalks
Changes to Iowa’s Child Labor Laws Result in Targeted Inspections and Fines
Introduction
After changes to Iowa’s child labor laws in 2023, the president of the Iowa Restaurant Association initially stated that many industry employers found the changes to be helpful. However, employers are now claiming that the U.S. Department of Labor has targeted them through random inspections and fines related to a specific provision of the law.
Targeted Inspections and Fines
“The random checks only included the restaurant industry,” said Jessica Dunker, president of the Iowa Restaurant Association. “Many of them included people that are associated with the Iowa Restaurant Association, often people have been asked if they’re a member of the Iowa Restaurant Association and so people were really starting to feel like they were being targeted.”
Response from the U.S. Department of Labor
The U.S. Department of Labor responded to the accusation in a statement:
“While we have done several investigations resulting in child labor violations in Iowa, this problem is not unique to the state,” the department said. “The same violations are occurring nationwide, and we are doing everything we can to find violators and stop them.”
“Some state child labor laws differ from the federal child labor provisions of the Fair Labor Standards Act. Where a state child labor law is less restrictive than the federal law, the federal law applies. Where a state child labor law is more restrictive than the federal law, the state law applies. The law that provides the greater protection to the child is the law that prevails.”
Concerns and Criticisms
The Iowa Restaurant Association expressed a wish for the department to have given a warning first before imposing fines. Jessica Dunker stated, “Because, rather than coming in and saying, ‘You have to follow federal regulations,’ they’re coming in punitively, and we have several situations where Iowa restaurants in rural communities are facing more than $100,000 in fines.”
Democratic State Sen. Nate Boulton raised concerns about the lack of compliance with federal regulations and criticized the approach taken by lawmakers. He said, “We wanted to see a solution here. Unfortunately, what we saw was just a head in the sand approach, that if you ignore this problem it would go away. These inconsistencies were known from the very beginning reported out in the legislative process and now are finally being realized.”
Enforcement of Federal Law
Jessica Dunker claimed that other states have similar laws to Iowa’s, but the Department of Labor is not enforcing federal law evenly. She questioned, “Maybe they are, but are they fining people out of business everywhere? And, if they are, that’s new. I mean, the inspections are, too, because I was in Chicago two weeks ago talking to my counterparts and other states had not been experiencing this two weeks ago.”
SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 8: Decent Work and Economic Growth | 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, including recruitment and use of child soldiers, and by 2025 end child labor in all its forms. | – Mention of changes to child labor laws in Iowa – Mention of expanded working hours for 14- and 15-year-olds – Mention of fines imposed on employers for violating child labor laws |
| SDG 10: Reduced Inequalities | 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status. | – Mention of employers feeling targeted by random inspections – Mention of association with the Iowa Restaurant Association being a factor in inspections |
| SDG 16: Peace, Justice, and Strong Institutions | 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. | – Mention of state child labor laws differing from federal law – Mention of the federal law prevailing over state law for greater child protection |
Source: ktvo.com
