Entries by Reid Maki

State vs. Federal Child Labor Laws: Which Apply?

There are child labor laws, both state and federal, that regulate the hours of work, types of jobs, and working conditions of children and adolescents. Every state has a child labor law, usually enforced by a state labor department.  These laws vary in the level of protection afforded young workers for both agriculture and nonagricultural employment.  In other words, there exists differences in the level of protection and the requirements of child labor laws from state to state. Additionally, within any state law, there may be some provisions that are more or less restrictive than provisions of the federal child labor law. Which law applies: Be aware that there is often extensive overlap in coverage with the state and federal child labor laws.  Employers in a state are required to follow the state child labor laws.  Many businesses (not all) are required to follow the federal child labor law as well. If both the state and federal child labor law applies to the same employment situation, the more stringent standard of the two must be obeyed.

The Problem of Antiquated State Child Labor Laws

Weak and inadequate state and federal child labor laws Some states have not updated their child labor laws since the early 1900s. Most state laws and the federal child labor laws do not adequately reflect today’s workplaces and occupational hazards. One area in need of updating is the list of prohibited occupations for minors under the age of 18, which are deficient regarding exposure to chemicals, pesticides, and body fluids; work in heights; working alone in cash-based businesses; and others. The most antiquated aspect of the federal child labor laws is the division of the employment of youth into two categories: agricultural and non-agricultural labor. The result is that minors working in agriculture are less protected from exploitation and more exposed to hazardous employment than minors in non-agricultural employment. Children working as hired farm workers may work at younger ages, work in more hazardous occupations at younger ages, and work for more hours than other employed youth. Estimates of youth farm workers run as high as 800,000 in the $25 billion dollar agriculture industry.