Introduced by Schatz, new bill packs crime penalties, steep fines to help stop child labor

Hawai’i’s U.S. Sen. Brian Schatz recently introduced new legislation to help stop illegal child labor, a news release said.

Schatz’s Child Labor Prevention Act would increase maximum fines for violations and establish new criminal penalties to deter child labor and hold employers accountable. The bill was introduced Thursday.

“Right now, our laws are allowing some of the worst employers get away with exploiting kids for labor with nothing more than weak fines,” Schatz said in the release. “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 has seen a 69% increase in children being employed illegally, according to Schatz’s office. This is due to companies increasingly circumventing child labor laws to fill positions, which is expected to worsen due to the tight labor market.

Because of this crisis, the Department of Labor and Department of Health and Human Services announced Monday a new effort to combat exploitative child labor, including a call for Congress to increase civil monetary penalties.

Currently, the Fair Labor Standards Act imposes weak fines for violations, making it financially easier for companies to skirt child labor laws.

Just last weekend, it was revealed 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. In addition, last month, DOL announced it 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. While several child workers were injured on the job, DOL levied its maximum fine, just $15,138 for each count.

In some instances, employers have also begun classifying children as independent contractors, using a loophole in the FLSA that prohibits the employment of minors, but allows companies to use them as independent contractors.

To stop child labor and hold employers accountable, the Child Labor Prevention Act would:

• Increase maximum employer civil penalties from $5,000 minimum – $132,270 maximum for routine violations; and $25,000 minimum – $601,150 maximum for each violation that causes the death or serious injury of a minor.
• Establish criminal penalties for a repeat or willful violation of child labor laws to include a fine of up to $50,000 and a year in jail.
• Ensure that all working minors, regardless of classification, are covered by the existing protections in the FLSA.
• Index all penalties to the Consumer Price Index for All Urban Consumers to ensure they increase over time.

Schatz’s legislation is co-sponsored by U.S. Sens. Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Catherine Cortez Masto (D-Nev.), Tammy Baldwin (D-Wis.) and Tammy Duckworth (D-Ill.).