Understanding Federal and State Child Labor Laws

Understanding Federal and State Child Labor Laws  NIST

Understanding Federal and State Child Labor Laws

Sustainable Development Goals and Compliance with Child Labor Laws in Manufacturing

Warehouse worker on ladder searching for box with foreman assisting

Credit:
iStock/alvarez

Introduction

This report is part of a series on compliance with federal child labor laws in manufacturing. The Fair Labor Standards Act of 1938 (FLSA) was established to ensure that children’s work does not compromise their safety, welfare, or educational opportunities. However, the U.S. Department of Labor has identified an alarming increase in violations of child labor provisions under the FLSA. To address this issue, the Wage and Hour Division launched a National Strategic Enforcement Initiative on Child Labor. Achieving the Sustainable Development Goals (SDGs) requires collective efforts from all stakeholders.

State and Federal Child Labor Laws

State child labor laws have been making headlines across the country, with some states strengthening protections while others weaken them. This can be confusing for employers who must comply with both state and federal labor laws. The key principle to follow is that the law providing the greatest worker protections applies. The FLSA sets a minimum standard, and states can provide additional protections but not lesser ones.

Examples of Compliance

  • In a state with more protective laws, employers are prohibited from allowing 16- and 17-year-old workers to work on ladders. Federal law only prohibits 14- and 15-year-olds from working on ladders or scaffolds. In this case, the employer must adhere to the state law.
  • In a state with less protective laws, employers are permitted to allow 16- and 17-year-old workers to operate and unload trash compactors. However, federal child labor law prohibits this regardless of state laws. Therefore, the federal law prevails in this scenario.

Resources for Compliance

The Wage and Hour Division provides a helpful guide to state labor laws, including child labor laws. Manufacturing employers and employees are encouraged to familiarize themselves with applicable state and federal laws, especially child labor regulations on employment/age certification and non-farm employment. Employers can also visit the state labor offices webpage to find the enforcement agency in their state. Additional compliance assistance can be found on the child labor resources for employers page. For inquiries, the toll-free helpline at 1-866-4-US-WAGE (487-9243) is available in over 200 languages, and it’s important to note that federal labor laws protect workers regardless of their immigration status.

Conclusion

Protecting children in the workplace is the Wage and Hour Division’s top priority. Safe jobs allow young people to develop skills and gain valuable experience, but their safety and well-being should never be compromised. Manufacturers play a crucial role in prioritizing child labor compliance to ensure the safety of children. Compliance with child labor laws is essential for achieving the SDGs.

SDGs, Targets, and Indicators

SDGs Targets Indicators
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 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group
SDG 4: Quality Education 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 Indicator 4.4.1: Proportion of youth and adults with information and communications technology (ICT) skills, by type of skill

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

SDG 8: Decent Work and Economic Growth

The article discusses compliance with federal child labor laws, which is directly related to the goal of promoting decent work and economic growth. The focus is on ensuring that child labor does not jeopardize a child’s safety, welfare, or educational opportunities.

SDG 4: Quality Education

The article mentions the importance of protecting children’s educational opportunities and emphasizes the need for employers to comply with both state and federal labor laws to ensure that children can access quality education.

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 alarming increase in violations of child labor provisions and the efforts of the U.S. Department of Labor to combat these violations. This aligns with the target of eradicating forced labor, ending modern slavery and human trafficking, and eliminating 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

While not the main focus of the article, the mention of employers needing to comply with labor laws to protect children’s educational opportunities aligns with the target of increasing the number of youth and adults with relevant skills for decent jobs.

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

The article does not explicitly mention any indicators related to the identified targets. However, the following indicators can be used to measure progress:

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

This indicator can be used to measure progress in eradicating child labor and eliminating the worst forms of child labor.

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

This indicator can be used to measure progress in increasing the number of youth and adults with relevant skills for employment.

Overall, the article does not provide specific data or statistics to measure progress towards the identified targets.

Source: nist.gov