Report on Child Labor Violations in the U.S.

Sustainable Development Goals (SDGs)

Goal 4: Quality Education

Ensuring that children are not engaged in hazardous labor and are able to access quality education.

Goal 8: Decent Work and Economic Growth

Promoting inclusive and sustainable economic growth by eradicating child labor and protecting the rights of workers.

Introduction

Last year, the U.S. Department of Labor (DOL) reported a 69% increase in the illegal employment of children throughout the U.S. This means there was a 69% increase in the number of employers the DOL found had been employing children in violation of child labor laws throughout the country. The violations that dominated headlines involved children operating machinery or conducting jobs that are categorized as “hazardous occupations” under the federal law known as the Fair Labor Standards Act of 1938 (FLSA). For instance, in 2023, Packers Sanitation Services (Packers) was charged with a $1.5 million fine because Packers were employing “at least 102 children – from 13 to 17 years old – in hazardous occupations” and had those children “working overnight shifts at meat processing facilities in eight states,” directly in violation of the child labor laws within the FLSA.

Association Attorney / Sawtooth Law Offices PLLC

Child Labor Laws and the Fair Labor Standards Act (FLSA)

The FLSA establishes “minimum wage, overtime pay, recordkeeping and child labor standards” for workers who are full time and part time in government or private sectors. The FLSA standards outlined above are applicable to “all employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling or otherwise working on goods or materials that have been moved in or produced for [interstate commerce].” Therefore, any employer involved in a business/enterprise that is producing, selling and transporting goods between different states will be subject to the FLSA requirements. The FLSA also applies to “covered enterprises” that have an “annual gross volume of sales made, or business done that is not less than $500,000 …” Importantly, even if a business is not considered a “covered enterprise,” it may still be subject to the FLSA if the business is engaged in interstate commerce through producing, selling and transporting goods to different states. States can enact their own laws regarding child labor, but they cannot lessen requirements below what federal law and regulation minimally requires for businesses that are subject to the FLSA.

Sustainable Development Goals (SDGs) and Child Labor Laws

Child labor laws like those under the FLSA and corresponding federal regulations were enacted to stop the exploitation of children in the workforce. The FLSA and its corresponding regulations provide the base line for what jobs children can and cannot work depending on their age. Therefore, if Idaho were to enact a law that allowed 12-year-olds to work in an occupation that was categorized as “hazardous” pursuant to federal law, it would be creating a standard that was below what federal law minimally requires. In that instance, an Idaho employer involved in producing/exchanging goods in interstate commerce, or above the monetary threshold to make it a covered enterprise under the FLSA, would be required to comply with the federal standards and not Idaho’s law.

Agriculture Exceptions, Violations, and Penalties

The youngest age a child can work in non-agriculture work in the U.S. is 14 years old. However, there are exceptions for agriculture occupations. For instance, a child of any age can work on a farm that is owned/operated by their parent (or guardian). Additionally, if a child under the age of 12 has consent from their parent, he or she can work a job categorized as non-hazardous on a small farm (so long as the small farm meets certain requirements related to minimum wage standards).

Importantly, children under the age of 16 cannot work in an agriculture occupation categorized as hazardous by federal law or in an agriculture occupation during school hours. Hazardous occupations in agriculture include operating a tractor over a certain horsepower threshold, operating certain machinery like “cotton picker, grain combine, hay mower,” working in a “yard, pen, or stall occupied by a bull, boar, or stud horse maintained for breeding purposes” and many other agriculture occupations common on a farm or ranch.

Penalties for Violating Child Labor Laws

Even if a business is not involved in the direct unlawful employment of children, it can still be subject to FLSA penalties. This happens when a business is in possession of goods (that came from interstate commerce) that were produced (by another business) in violation of child labor laws. Specifically, no goods are allowed to enter interstate commerce if 30 days prior to their shipment into commerce, the goods were produced by or located at a business violating child labor laws. This rule is known as the “hot goods” rule. The hot goods rule will not apply to a business that bought goods “in good faith and in reliance on written assurances” from the business providing the goods that said business was not violating the FLSA (e.g., child labor laws). Ultimately, businesses cannot evade the penalties and requirements of the FLSA by claiming they were not directly involved in the unlawful employment of children who produced goods that came into their possession (unless the good faith exception applies).

Penalties imposed for violating child labor laws include:

1. Monetary fines
2. Court orders stopping the transfer of goods produced in violation of the FLSA (i.e., “hot good injunction”)
3. Court orders compelling compliance with the FLSA

A hot goods injunction allows the DOL to stop goods from shipping

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 article discusses the illegal employment of children and violations of child labor laws, which directly relates to the goal of promoting decent work and economic growth.

SDG 4: Quality Education

The article mentions the educational requirements for children under 16 that may be removed in Idaho’s child labor law update. This connects to the goal of ensuring quality education for all.

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 increase in illegal employment of children and violations of child labor laws, indicating the need for measures to eliminate the worst forms of child labor.

Target 4.4: By 2030, substantially increase the number of youth and adults who have relevant skills, including technical and vocational skills, for employment, decent jobs, and entrepreneurship

The article mentions the educational requirements for children under 16 that may be removed in Idaho’s child labor law update. This target emphasizes the importance of providing relevant skills for employment.

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

Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group

The article reports a 69% increase in the illegal employment of children, indicating a potential increase in the proportion and number of children engaged in child labor.

Indicator 4.4.1: Proportion of youth and adults with information and communications technology (ICT) skills, by type of skill

Although not explicitly mentioned in the article, the removal of educational requirements for children under 16 may impact their acquisition of relevant skills, including ICT skills.

4. SDGs, Targets, and Indicators

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Source: agproud.com

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