Around the world, children are involved in potentially hazardous work. The US is increasingly concerned with the prevalence of child labor — since 2019, there’s been an 88% increase in child labor violations. Further, the Department of Labor estimates that around 300,000 – 500,000 children are working dangerous jobs in the US agricultural sector.
Consequently, there’s been a push for tighter federal laws to protect young workers in the country and mitigate enforced child labor. But contrastingly, some states are weakening these laws.
Read on for a summary of this regulatory conflict.
What is child labor?
Child labor is defined by UNICEF as “work that children are too young to perform or that — by its nature or circumstances — can be hazardous” to their health and safety or development through childhood and adolescence.
Common violations of existing child labor laws include:
- Young people working ‘off-limit’ jobs, such as driving motor vehicles, operating certain machinery, managing explosives or demolition projects, mining, handling brick and tile, and processing meat, to name a few
- Young people working longer or later than legally permitted, with specific laws on breaks, overtime, consecutive days working, and night shifts
Certain industries carry huge risks for all workers, but particularly young people, such as:
- Exposure to chemicals, agrochemicals, extreme temperatures, and potentially dangerous machinery in farming roles
- Working in dark, narrow, underground spaces with exposure to toxic chemicals in mining roles
- Risk of long-term muscle and joint issues from prolonged sitting, poor posture, and heavy carrying in factory roles
Work that’s undertaken underground, underwater, in confined spaces, at dangerous heights, or in extreme temperatures is considered hazardous and generally unfit for children.
US regulations to protect young workers
Worker protection in the US is mandated at both the federal and state level, but many variations exist between the two, risking potential regulatory conflicts and violations for businesses operating across jurisdictions.
Federal action
The Fair Labor Standards Act (FLSA) was enacted in 1938 to protect young people at work by ensuring their job doesn’t jeopardize their health, wellbeing, or education.
The FLSA establishes minimum wage, overtime pay, and recordkeeping for all workers, as well as employment standards for young workers in both the private sector and federal, state, and local sectors.
Within this law, the FLSA lays out provisions to protect minors, including minimum ages and number of working hours.
Under 14
- Under 12-year-olds can conduct agricultural work with parental consent
- Under 14-year-olds can conduct agricultural work without parental consent
- Under 14-year-olds can work for a family business if the company is wholly owned by their family
- Under 14-year-olds can work on a farm owned by a parent or guardian
- Under 14-year-olds can’t work during school hours
Under 18
- Under 18-year-olds aren’t permitted to work in any “off-limit” jobs
- 14 – 16-year-olds may work outside of school hours in a non-hazardous, non-manufacturing role
- 16-year-olds may work in a non-hazardous, agricultural role
State action
Some state child labor laws don’t mirror those set out by the FLSA. Where a law attempts to implement a child labor rule that’s less restrictive, the federal law supersedes. Where a law is more restrictive, the state law supplants minimum federal rules.
Since 2021, 31 states have introduced bills to weaken child labor laws, six of which were enacted in 2024. The bills in these states focused on eliminating work permits and age certificates, minimum ages to work across various industries, maximum working hours, and hazardous protections.
| Alabama | Eliminates work permits for under 16-year-olds |
| Florida | Permits 16-17-year-olds to work over eight hours on Sundays and holidays Permits 16-17-year-olds to work more than six days consecutively Only mandates breaks for 16-17-year-olds with shifts over 8 hours |
| Indiana | Lowers the age to serve alcohol Doesn’t provide worker protection for child performers or 14-year-olds not in education Extends hours for 14-15-year-olds to 21:00 on school nights in the summer Eliminates the need for minors to be accompanied by adults at night; hours restrictions for 16-17-year-olds; and protections for hazardous agricultural roles for 16-17-year-olds |
| Iowa | Permits 14-year-olds to drive up to 25 miles to and from work without supervision Permits 14-and-15-year-olds to work additional hours, up to 21:00 on school days or 23:00 between June and September Permits 16-and-17-year-olds to work in some banned roles as long as they partake in approved training programs |
| Kentucky | Permits nonprofit organizations to hire 12-13-year-olds |
| West Virginia | Expands hazardous work in roofing for 16-17-year-olds |
Many states which have enacted legislation to weaken child labor protection laws have already faced penalties from the US Department of Labor for violating federal law.
On the other hand, some states are focusing on strengthening child labor laws to better protect young workers from hazardous roles and overworking. Alabama, Colorado, Minnesota, Nebraska, Virginia, and Oregon have amplified their penalties for violations, and increased compensation for victims.
How can businesses mitigate child labor?
All employees have the right to a safe workplace and protection from hazards. Businesses can play their part in reducing child labor by complying with either state or federal law — whichever is stricter on protecting workers — and ensuring they don’t violate or weaken mandates on minimum age requirements, appropriate job roles, and fair working hours.
Additionally, organizations can conduct human rights due diligence across their supply chain to ensure forced labor and child labor isn’t present. They can also:
- Introduce child labor due diligence
- Publish best practices on monitoring due diligence
- Establish a strict apprenticeship program
- Join an international framework focused on eliminating child labor
Many children may be involved in child labor due to financial difficulties at home, poor work or education opportunities, or cultural expectations, to name a few. Businesses can support government initiatives that focus on increasing investments and resources for families, local schools, and social services.
Protecting employees across US states
Every jurisdiction operates slightly differently, with various tweaks to federal and state law. Companies need to be mindful of the restrictions in their states, but keeping track of the major and minor regulatory changes can be tricky.
RegScan’s RegTracker tool can help businesses manage compliance across over 250 jurisdictions.