U.S. Sen. Brian Schatz (D-HI) has introduced legislation to increase fines and penalties to stop illegal child labor. The Child Labor Prevention Act would hold employers accountable for exploiting child labor.
Schatz’s legislation is co-sponsored by U.S. Sens. Dick Durbin (D-IL), John Fetterman (D-PA), Catherine Cortez Masto (D-NV), Tammy Baldwin (D-WI) and Tammy Duckworth (D-IL).
“Right now, our laws are allowing some of the worst employers [to] get away with exploiting kids for labor with nothing more than weak fines,” Schatz said in a recent press release from his office. “Our bill will strengthen our child labor laws, hold employers accountable, and protect kids from this illicit practice.”
Since 2018, the U.S. Department of Labor (DOL) has witnessed a 69% increase in children being employed illegally as companies increasingly circumvent child labor laws to fill positions. Some employers have even begun classifying children as independent contractors, using a loophole in the Fair Labor Standards Act (FLSA) that prohibits the employment of minors but allows companies to use them as independent contractors.
The release noted that migrant child labor is being used for hazardous jobs in factories making products for well-known brands like Cheetos, Fruit of the Loom, and Lucky Charms. Also, the Labor Department announced that it had found more than 100 children across eight states cleaning dangerous meat processing equipment using hazardous chemicals for a contractor of major meat producer JBS Foods.
To address the issue, the DOL and the Department of Health and Human Services announced a new initiative to combat exploitative child labor, including a call for Congress to increase civil monetary penalties; the release said. Currently, the FLSA imposes weak fines for violations, making it easier for companies to skirt child labor laws.
If passed, the Child Labor Prevention Act would increase maximum employer civil penalties to $5,000 minimum through $132,270 maximum for routine violations, and $25,000 minimum to $601,150 maximum for each violation that causes the death or serious injury of a minor; the release said. It would also establish criminal penalties for repeat or willful violations of child labor laws to include fines of up to $50,000 and a year in jail; along with ensuring that all working minors, regardless of classification, are covered by the existing protections in the FLSA. Additionally, the Act would index all penalties to the Consumer Price Index for All Urban Consumers (CPI-U) to ensure that they increase over time.