‘It is time for us to change this’: Lawmakers weigh higher penalties for child labor abuse ⋆ Michigan Advance

Members of the House Labor Committee Discuss Bills to Strengthen Child Labor Laws

Members of the House Labor Committee on Monday took testimony on bills to further discourage companies from violating child labor laws.  

Introduction of Bills to Protect Children from Exploitation

State Reps. Phil Skaggs (D-East Grand Rapids) and Helena Scott (D-Detroit) introduced bills in early September to increase penalties for companies placing young people in unsafe working environments. 

“We’re all here for very specific reasons, but I think one of the core reasons we are here is to protect those that can’t protect themselves. And that’s what these bills are about, protecting children from exploitation,” Skaggs said. 

Scholten bill would increase fines for child labor violations

House Bill 4932: Strengthening Penalties for Child Labor Violations

Skaggs’ House Bill 4932 would increase financial penalties for child labor law violations, which are generally misdemeanors punishable by up to one year in prison, a fine of up to $500, or both. This bill would raise the maximum fine for an initial violation to $5,000, with a second violation now considered a felony punishable by up to two years in prison, a fine of up to $25,000, or both. A third or subsequent offense would be a felony, punishable by up to five years in prison, a fine of up to $50,000, or both. 

• Increased financial penalties for child labor law violations
• Maximum fine for initial violation raised to $5,000
• Second violation considered a felony with increased penalties
• Third or subsequent offense classified as a felony with even higher penalties

The bill would also eliminate separate violations for adult supervision violations, strengthen penalties if minors are killed or suffer great bodily harm while working and limit the circumstances where employers may request deviations from Michigan’s Youth Employment Standards Act. 

• Elimination of separate violations for adult supervision violations
• Strengthened penalties for minors killed or injured while working
• Limitations on employers’ ability to request deviations from Michigan’s Youth Employment Standards Act

It would also allow the Department of Labor and Economic Opportunity (LEO) director to impose a $5,000 fine for each violation of the act, with the fines deposited in the state’s general fund. The department could also pursue declaratory judgment on whether method or practice violates youth employment standards, and obtain an injunction against a person who violates or plans to violate the Youth Employment Standards Act. 

House Bill 4962: Amendments to the State’s Code of Criminal Procedure

Scott’s House Bill 4962 would amend the state’s Code of Criminal Procedure to include the changes outlined in House Bill 4932.

Protecting Children from Exploitation and Ensuring Safe Working Environments

During the committee meeting, Skaggs recounted the story of a 17-year-old employed by a Michigan meat processing plant who lost his hand when it was pulled into a meat grinder. When the owner of the plant pleaded guilty to employing the teen, he was sentenced to pay $1,143 in fines and costs.

“One-thousand one-hundred and forty-three dollars for a life-altering lost arm. It is time for us to change this,” Skaggs said. 

While the Youth Employment Standards act is strong, the current penalties are not enough to deter bad actors from exploiting children, Skaggs said. Until this year, the only way to learn of potential violations was through a whistle-blower report, Skaggs said. However in the most recent State Budget, lawmakers approved funding for two labor investigators centered on investigating and enforcing child labor laws. 

“It’s important for me to note that we should not construe these bills as discouraging teenagers from working,” Skaggs said. “Having a job at a young age can teach important lifelong lessons and help support families. But unethical individuals and unscrupulous companies that break the law and exploit our kids for higher profits have to be held accountable.”

Concerns about Weakening Child Labor Laws in Other States

As various industries scramble to find low-wage workers, 11 states have introduced or passed policies weakening child labor laws, including policies to expand working hours for teens, roll back bans on teens working in construction and create exceptions to rules barring teens from working in dangerous industries like roofing and mining.