Proposed child labor enhancement bill would put migrant workers at risk, experts say – Pennsylvania Capital-Star

A Report on Pennsylvania’s Proposed Child Labor Law Enhancements

Introduction

A well-intentioned bill to enhance Pennsylvania’s child labor laws faced scrutiny from child welfare advocates and labor experts on Tuesday who said the legislation’s proposed reporting requirements would put victims of exploitation at greater risk.

Background

At a House Labor & Industry Committee meeting on Tuesday morning, lawmakers heard critical feedback from experts on House Bill 1714, which was introduced by state Rep. Ryan Mackenzie (R-Lehigh) in September as a way to “strengthen” Pennsylvania’s child labor laws after data from the Shapiro administration indicated a surge in reported child labor law violations.

Since January, the Pennsylvania Department of Labor & Industry has opened 403 child labor investigations compared to 107 cases during the same period last year, a 276% increase. Similarly, the U.S. Department of Labor has also reported an increase in cases. In fiscal year 2023, DOL closed a total of 955 investigations of found child labor violations, a 14% increase from the previous year. Of those reports, 5,792 minors were found to be employed in violation of current child labor laws.

The Proposed Bill

House Bill 1714 would bolster the Commonwealth’s Child Labor Act by mandating reporting across federal and state agencies, requiring an annual legislative report on child labor violations in Pennsylvania, and increasing the penalties for violating the act to a second-degree misdemeanor, Mackenzie told the committee.

Mackenzie said he believes that a “major driver” of the increase in child labor law violations is due to the exploitation of unaccompanied migrant children, seeking asylum in the U.S. “These children are foreign nationals who crossed the border unaccompanied by any parent, guardian, or responsible adult,” Mackenzie said. “This is primarily a child welfare issue, and my bill is only one piece of the puzzle. Our goal is to protect all children, whether they are U.S. citizens or unaccompanied foreign nationals.”

Concerns and Recommendations

But testifiers at Tuesday’s hearing said the bill doesn’t go far enough to protect children, and in particular, could further harm migrant workers and children through its intergovernmental reporting requirements.

• Many violations already go unreported and uninvestigated because workers fear losing their jobs or facing immigration-based retaliation.
• The reporting requirement would worsen the already considerable imbalance of power between migrant youth and corporations who avoid responsibility for these labor practices.

Terri Ellen Gerstein, who serves as the director of the State and Local Enforcement Project at the Harvard Center for Labor and a Just Economy, called the bill’s approach “misguided.” Gerstein said the reporting requirement “would basically create severe potential consequences for the children who are the victims or their parents and guardians and will create a situation in which no one is going to complain or report child labor.” This, Gerstein said, will make it harder for government enforcement entities to do their jobs and create an environment in which more violations go undetected.

Instead, Gerstein suggested a policy that would educate students about their rights as workers. “Another proposal is to incorporate child labor and other labor education in the high school curriculum,” Gerstein said, pointing to a recent California law creating a labor rights education for students. “There are a lot of studies showing that adults don’t know their rights at work, children even less so.” Bellman agreed with Gerstein, adding that an education approach would benefit immigrant youth workers as well by helping them identify labor law violations.

Angela Ferritto, president of the Pennsylvania AFL-CIO, told the committee that safe and healthy working conditions are “critically important for children, who are especially vulnerable to long-term harm from hazardous or exploitive work environments that damage their health, well-being or access to education.” To provide enhanced protections to children, Ferritto urged lawmakers to “adequately” fund labor law enforcement agencies and adopt harsher penalties for violations of the Commonwealth’s existing labor laws. Ferritto suggested lawmakers consider policies that “center the protection of whistleblowers from retaliation for speaking up about child labor violations and allow victims of child labor to sue for damages.”

Conclusion

Despite disagreeing with the legislation’s approach to increasing child labor law violations, she pointed to the shared values of policymakers, experts, and advocates. “We want children to get a good education. We want them to develop a work ethic and have work experience but to have good first job experiences, and we want them to be safe,” Gerstein said. “And so this is really a moment as someone said at the outset of the hearing. This is a moment where there’s a real possibility for bipartisan action. And I think it’s a real opportunity for Pennsylvania to lead in fighting oppressive child labor.”

SDGs, Targets, and Indicators Analysis

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

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

The issues highlighted in the article are connected to SDG 8, which focuses on promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. It is also connected to SDG 10, which aims to reduce inequalities within and among countries. Additionally, the article touches on SDG 16, which focuses on promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building 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.
• 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.
• Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children.

The article’s content highlights the need to address forced labor, child labor violations, and exploitation. Therefore, the specific targets identified are Target 8.7, which focuses on eradicating forced labor and the worst forms of child labor, and Target 16.2, which aims to end abuse, exploitation, trafficking, and violence against children. Additionally, the article mentions the issue of unaccompanied migrant children, which relates to Target 10.7, which aims to facilitate safe and responsible migration.

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

• Number of child labor investigations opened by the Pennsylvania Department of Labor & Industry
• Number of child labor investigations closed by the U.S. Department of Labor
• Number of minors found to be employed in violation of child labor laws
• Reporting rates of child labor violations
• Presence of education on labor rights in high school curriculum
• Funding allocated to labor law enforcement agencies
• Existence of policies protecting whistleblowers from retaliation for reporting child labor violations
• Existence of harsher penalties for repeat offenders of child labor violations

The article mentions several indicators that can be used to measure progress towards the identified targets. These indicators include the number of child labor investigations opened and closed, the number of minors found to be employed in violation of child labor laws, reporting rates of child labor violations, the presence of education on labor rights in high school curriculum, funding allocated to labor law enforcement agencies, the existence of policies protecting whistleblowers, and the existence of harsher penalties for repeat offenders.

4. Table: SDGs, Targets, and Indicators

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Source: penncapital-star.com

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