State Lawmakers Are Quietly Rolling Back Child Labor Protections

Rollbacks on Child Labor Protections on the Rise

Introduction

Ryan Scanlan dreads any passage of Indiana’s House Bill 1093. The new bill would remove provisions that protected children between 14 and 17 years old who work year-round. For some students in the high school English teacher’s class at North Central High School in Indianapolis, some of those provisions safeguarded them from working more than nine hours in a day and between 10 p.m. and 6 a.m.

Child Labor Protections and the Sustainable Development Goals

In January alone, eight states introduced or took new action on rolling back child labor protections by eliminating work hour time limits and minimum age restrictions. In response, advocacy groups and policy analysts are prioritizing civic engagement around an underreported pervasive issue that intersects with other public health issues. The challenge lies in cutting through the noise during election season now that 28 states have quietly introduced bills to weaken protections since 2021.

The Campaign to End U.S. Child Labor

In response to situations like Scanlan’s where child labor issues creep into public education, a new Campaign to End U.S. Child Labor emphasizes how issues surrounding minor workers are not discrete from other issues that Americans will consider during the elections. The campaign launched on Feb. 20 with a shared agenda written and signed by nonprofit organizations, trade unions, and academic institutions that work in the fields of child labor and exploitation. Recommendations include wage increases, protection of immigration statuses, and children’s right to an attorney and access to general assistance programs.

The Interconnectedness of Child Labor

“If your children are working, you can’t actually achieve education for all, you will never have the health outcomes that you want, you will forever have a large segment of your population living in poverty, and you will continue to have malnutrition,” said Anjali Kochar, the executive director of the Kailash Satyarthi Children’s Foundation, a nonprofit dedicated to eradicating child exploitation and advocating for the protection of children in national and international policies. “This is a cyclical problem. Child labor is not this thing that stands alone. It is so interconnected with so many issues in any country.”

Increasing Violations of Child Labor Laws

In its announcement, the Campaign to End U.S. Child Labor cites recent alarms from the Department of Labor’s Wage and Hour Division, which reported an 88% increase in the number of children employed in violation of child labor laws since 2019. On Oct. 19, 2023, the division’s 740 inspectors were working on more than 800 child labor investigations.

Rollbacks and Immigration Restrictions

Many of the state-level rollbacks coincide with immigration restrictions in states like Florida, which have historically relied on migrant workers and undocumented families to source labor. According to Thomas Kennedy, an organizer with the Florida Immigrant Coalition and a child of undocumented Argentine parents, the state currently looks to minor workers as a response to a worker shortage exacerbated by Gov. Ron DeSantis’ controversial changes to immigration laws that are affecting the state’s demographics. Most recently, Florida lawmakers have been working to pass House Bill 49, which would allow employers to schedule 16- and 17-year-olds for unlimited hours and eliminate their meal and rest breaks.

The Importance of Language in Legislation

For policy analysts, activating the American public around child labor legislation reversals comes with bringing attention to the language that bills use to seem like protections. Dustin Pugel, a policy director at Kentucky Center for Economic Policy (KCEP), points to the rapid passage of the state’s House Bill 255, which went through the state’s House of Representatives on Feb. 22, as an example of when co-opted language tricks the public into thinking that such rollbacks are positive. According to Pugel, whose work lies in “digging into these bills, understanding what the implications are, and then being able to put that in plain language for lawmakers, media, and general audiences,” HB 255 would repeal state-specific restrictions on employment for children between 14 and 18 years old and allow 16- and 17-year-olds to work all night and during school hours — all without the state’s population fully understanding these ramifications.

The Role of Advocacy Groups

KCEP also raises awareness around some of the biggest groups that push for reversals, including the Foundation for Government Accountability. Founded and based in Naples, Florida, the conservative public policy think tank is behind some of the current reversals of child labor legislation across the country, including in Kentucky, West Virginia, and Florida.

The Impact on Vulnerable Children

Recent bills cite state-wide worker shortages as reasons to reverse existing provisions around child labor. Various advocates challenge this framing, such as Jessica Heldman, an associate professor in child’s rights at the University of San Diego’s School of Law. The University of San Diego’s Children’s Advocacy Institute also signed onto the Campaign to End U.S. Child Labor.

Teaching the Public about Child Labor

Heading into the elections, the fight against child labor rollbacks is also an exercise in teaching the public how child labor affects other parts of their livelihoods. Groups like the Florida Immigrant Coalition say there are more appropriate and actionable solutions to worker shortages.

Taking Action

As for tangible, actionable steps that Americans can take, Pugel emphasizes the democratic power that one has on a state level, especially in smaller states like Kentucky, West Virginia, and Iowa. There is power in demanding increased wages and immigration protections to keep the target off unaccompanied minors and children securing a future in America.

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SDGs, Targets, and Indicators

1. SDG 4: Quality Education

   • Target 4.1: By 2030, ensure that all girls and boys complete free, equitable, and quality primary and secondary education.
   • Indicator: The article mentions how child labor issues can affect the education of children, particularly high school seniors who may have to work late at night, potentially impacting their ability to complete their education.

2. 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.
   • Indicator: The article highlights the increase in child labor violations reported by the Department of Labor’s Wage and Hour Division, indicating a need for measures to eradicate child labor.

3. 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.
   • Indicator: The article mentions how immigration restrictions in states like Florida have led to a reliance on minor workers, potentially exploiting vulnerable children who may need to support their sponsors or families back home.

4. SDG 16: Peace, Justice, and Strong Institutions

   • Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children.
   • Indicator: The article discusses the need to protect children from exploitation and advocates for their rights to an attorney and access to general assistance programs.

Table: SDGs, Targets, and Indicators

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Source: truthout.org

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