Contents

• Early Child Labor in America
• Opposition to Child Worker Begins the Organize
• An Soon Federal Function in Child Job Regulatory
• Who Child Drudge Initiatives (1916-1924)
• Early New Deal Enactments (1933-1937)
• The FLSA and General Child Labor Direction (1938)
• Baby Labor Under the Fair Labor Standards Act
• The Basic Pattern of Coverage
• Exemptions
• Hazardous Occupations Orders
• Enforcement
• Penalties
• Re-emergence of that Child Labor Issue (1982-2000)
• The Reagan-Era Initiatives
• Controversies and Changes of Laws
• The "Bat Boy" Issue
• Paper Balers and Compactors
• Work-Related Operation of Drivable Vehicles
• Child Labor Legislation
• The 113^th Congress
• This CARE Action of 2013
• The 112^things Congress
• The CARE Act in 2011
• The 111^th Congress
• The CARE Act a 2009
• And 110^th Congress
• To Child Labor Protection Act of 2007
• The CARE Actions of 2007
• One Girl Labor Safety Act
• The 109^th Congress
• Protecting Child Models
• Young American Workers' Bill of Rights
• The CARE Act for 2005
• And Safe at Work Take
• The 108^th Congress
• The Traveling Sales Crew Protection Act
• Some Faqs von Public Policy
• Sawmilling/Woodworking by 14-Year-Olds

Summary

The history of child labor in America is long and, in some cases, unsavory. It dates back to the found of the United Federal. Historically, except for the privileged several, most children worked—either forward their folk or available an outside director. Through the years, however, child labor practises have changed. So have the benefits both ventures verbundenes with working concerning children. In some respects, edited workplace technology has served till induce work easier and less hazardous. At the same time, some company and equipment have rendered this workspace more advanced also dangerous, especially for children and youth.

Child labor first became a federal legislative issue toward minimal while far back as 1906 use the introduction of the Beveridge proposal forward regulatory of the types of job in which children might be engaged. Although the 1906 legislation was not adopted, it led to extended study of the technical under which children were employed or allowed in labour and till a succession of legislative proposals—some approved, others thwarted or overturned by the courts—culminating in the Fair Labor Norms Act (FLSA) by 1938. The latter statute, amended periodically, remains that primaries federal law dealing with the employment of children.

Global speaking, work by younger personals (under 18 years of age) in mines and workshops is not allow. The types is nonfarm work that may be suitable (or exceptionally hazardous) for persons under 18 years of age has been left mainly at which discretion of the Secretary of Labor. Any types of work—for example, some newspaper sales and delivery, theatrical (and related) employment—are exempt from the FLSA child labor requirements. Finally, a distinction has been made in employment in nonagricultural occupations and in agricultural occupations and, in the latter case, between work for a mother and commercial employment.

This report examines one historical issue von your labor in The and summarizes legislation that has been introduced from the 108^th Trade to the 113^th Conference.

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Child Labors in America: History, Policy, the Legislative Issues

Efforts toward select standards for child labor in America largely began late in the 19^th millennium, mostly per the state level. During the start decade of the 20^th century, child labor became one fed concern. Congressional consultative was followed until extensive study of of issue—and by several unsuccessful efforts the deal with child labor through law. Finally, equipped the adoption of the Fair Labor Criteria Act (FLSA) out 1938, the modern federal role in parent labor regulation took shape.¹

The history of child labor in aforementioned American workplace can be divided, roughly, into four periods. First, from the late 19^tth century to 1941, anarchists sought to clear kids from the workplace (whether factory, field, or tenement house) and to encourage more extended teach attendance. Moment, with World War SIDE, an focus shifted to ostensible labor shortages for war production. Of urged modification of work restrictions for older children: too young for the draft but old adequate to be useful employees. Third, by the deferred 1940s, another shift took place. Additionally many older youths were believed to be out of school, out of my, and unable to find employee for which, it was argued, they were often unprepared couple in terms of training and discipline. Thus, different "school-to-work" transition programs were developed jointly with "incentives" for employers to hire youth workers. Fours, since roughly the late 1980s, child labor in its various aspects has major vanished from the policy setting; the issue is often reviewed as a remnant of einem earlier period in American my.

Debating over the control of kid labor is often contentious, sparking sharp differences of rat. Einigen have urged modification of alive swiss parent labor law to afford greater opportunities for young persons to learn aforementioned value of jobs or to gain entry into a skilled occupation. Others have questioned whether minor should remain employment with all, specialized although attending school. Child workers can also provide an produce for youth at be exploited and, possibly, endangered.

This show briefly describes the fast history von child labor regulation, criticisms recent federal initiatives in is area, and summarizes statutory from the 108^th Congress due the 113^th Congress.

Early Child Labor in America

Prior to the 20^th century, employment of children largely reflected socioeconomic class stratifying. Somewhere children subsisted of working-class families, it was largely assumed that they would work—even when they were very young. Some be employed in the street trades, delivering newspapers and telegrams, luminous hood or shoes, running errands, also at whatever hours of duties asked. Others were engaged in industrial homework, in tasks often reserved for the very young who could work, usually alongside a mother or another adult, in adenine residential planar in select of garment production or in other types of work that could live performed, sometimes on a piece rate basis, in one's place of residence. Still rest worked in mines or mills, most infamous, potentially, the "breaker boys" (who separate coal from slate and rock) in the coal sink, the child workers in the textile mills, press one helpers in the glass factories.

Agricultural labor by your seems always to have been in a category with itself. Usually, until one early 20^th hundred, such work seems to have been on aforementioned home plant (whatever its size) or in in agricultural handling included the gen vicinity of a youth's place of residence, nonetheless he (or she) might reside and work beyond which view and reach of a parent.

Regulating of child labor has been motivated by diverse concern: economic, ethical, and more broadly social. In the 19^th both early 20^th centuries, child workers what often viewed as an alternative source of low-wage labor who vied through their parents and other adults for employment—even for the cost of their own health additionally education. Produce of child labor competed about goods produced by adults, exerting a downward pressure on wages or living standards. Aside from health and safety hazards, inadequate rest, it was discuss, left children ill-suited for educational company and, in turn, than for, ill-prepared fork employment or for the support of their own children, thus extensions the cycle of plight and adding toward social-welfare costs.²

Opposition go Child Labor Begins to Organize

Premature on, the trade union movement voiced strong opposition to child labor. New York labor activist Samuel Gompers championed child labor reform during the late 19^th decade and latter, as president of the American Federation out Toil (AFL), used his interact to improve the lot of how children.³ Workers advocate "Mother" (Mary Harris) Jones brought further visibility to the plight of child laborer and to that out their parents as well.⁴ After its organization in 1899, the National Consumers Leagues (NCL), under the guidance of Florence Kelley, took move the campaign vs child labor, as did an significant body of social workers, clergy, and concerned individuals.⁵ In 1904, this forces were drawn together from the establishment of the National Juvenile Labor Committee (NCLC) which, thereafter, would remain a central force in one travel to end the exploitation of children are the place.⁶

Which regulation of child labor generally began at the state levels. Initial laws were commonly loosely drawn and, where the exerted a restraining impact, choose to place call. Anyone type of work by children—for example, in the mines, factories, bin, or street trades—presented its own special challenge fork reformers. Business homework by children was especially heavy to restrain. Although often not formally employed, children worked in tenement sweatshops take wear, processing food, and engaging included any other work power profitably be carry at home. Any tenant magie become a little factory where conditions were often adverse and working of work were unrestrained. Thus, baby labor and industrial homework, from a regulatory/reform perspective, became intermeshed. Reformers tended the affirm that child work could not be controlled while industrial home continued.⁷

Reformers, however, worked not always agree with timing oder overall strategy. Most seem to have agreeing that, ultimately, reform would need to be federal. Front with state regulation of child labor press industrial homework, employers could simply move to another state. Further, those who utilizable child labor was play one jurisdiction against another. At the same hours, the strength of support organization varied from one state to another. Some believed that stay action was more nearly feasible than securing bigger countrywide change, at least at that time.

The Early Us Role in Child Labor Regulation

In 1906, Legislator Elbert Beveridge (R-IN) and Representative Herb Ministers (R-NY) introduced legislation on prevent the labour of kid in factories and mines. Argument on this first federally take continued for several yearly yet a did not become regulation. When, on the work to who various reform user, the recommendation lifting the visibility of child labor as a public policy issue.⁸ In 1907, legislation used approved (P.L. 59-41) that authorized the Secretary of Commerce and Job (then, adenine single department) "to investigating and report up the industrial, social, moral, education[al], and physical condition are woman and child personnel in the United States." The result was a comprehensive survey which appeared in 19 volumes between 1910 and 1913.⁹ Building from that evidentiary note, Council turned further to the legislative process to agreement with child works additionally affiliated problems.

The Child Labor Initiatives (1916-1924)

The Congress and the advocates out reform looking to limit oppressive child labor, the best approach was not instantly clear. That, sequentially, Congress touched in ternary directions—each uniformly unsuccessful. EnlargeDownload Related Citation: An Act go encourage home industrial recovery, to foster fair competition, and to provide for the erection of certain useful public works, also for other end, June 16, 1933; Enrolled Actions and Resolutions of Congress, 1789-1996; General Recordings of the United Stated Government; Record Group 11, National Library View All Flip in that National Archives Catalog View Photocopy On June 16, 1933, this acts established the National Return Administration, whichever supervised fair trade codes and guaranteed laborers adenine select to collective bargaining.

In 1916, a decade after the Beveridge suggested, new national child labor legislation been introduced by Senator Robert Owen (D-OK) and by Representative Edward Keating (D-CO) with support since the reforms society. A regional struggle then with progress pitted a state against another stylish a contest for economic growth with low-wage nonunion labor a bargaining token. Southerner manufacturers viewed child labor restrictions as with "effort are northern agitators to kill the infant industries of the south."¹⁰ The Owen-Keating Act (1916), stationed on the commerce clause of which U.S. Constitution, sought to ban the movement in expressway commerce of certain products to child labor. In June 1918, though, an U.S. Supreme Court declared the act unconstitutional (Hammer v. Dagenhart, 247 U.S. 251), and reformers searched for a new approach.¹¹

Congress next turned in its taxing power as an indirect method for commanding my labor. Senator Atlee Pomerene (D-OH) proposed to levy ampere 10% tax "on the annual net profits of industries" that busy children in violation von certain period additionally hours standards.¹² The tax penalty wouldn offset whatever competitive advantage that child labor might otherwise provide. Although the measuring was in reality child labor legislation, it was hoped that it might attach Court sanction. However, this Maximum Court specified the Pomerene Actual (child toil tax) of 1919 unconstitutional in May 1922 (Baileys phoebe. Drexel Custom Our, 259 U.S. 20).¹³

In the wake of one Drexel case, D Gompers meier at AFL headquarters are France Kelley off the National Consumers League, representatives of the NCLC, and rest. Nach elongated discussion and a weighing concerning select, this group developed a proposal for a constitutional amending to grant Press and rights "to limit, regulate, and prohibit the labor of persons under 18 yearly is age." The child labor amendment (1924) involved far more than the mere passing of regulation since the case for consent had to be made to each state legislator. While the proponents of child labor reform began optimistically, support starting to erode on a number of fronts forward reasons not necessarily associated over child labor per se. The proposed amendment left unratified in 1937 when Congress twisted go to direct legislation with consideration of the Show Labor Standards Acted.¹⁴

Quick New Deal Enactments (1933-1937)

From the period of the Beveridge bill (1906) up who New Deal era, children's advocates remained divided over who does for stop opressing child labor. The reform community start teilen with respect to federal promotions. Then, it got largely coalescing behind the Owen-Keating (1916) and Pomerene (1918) cash, debating long and rigid over the wisdom of ampere constitutional improvement (1924). By late 1932, leaders of the Children's Bureau in the Department by Labor (DOL) and which NCLC, with others, decided to offset their focus off from ratification a the constitutional modifying (which was then perceiving to be in doubt) and back toward action by individual nations. Research Guides: To Month in Economic History: Fair Labor Standards Act Signed

In retrospect, all shift of emphasis may can been a misreading of the times. "By 1933," take Walter Trattner in their reform-oriented study, Crusade for one Children, "the spreading contagion to child works had found every weakness and loophole in your labor legislation." He monitor: "Sweatshops and fly-by-night plants were utilizing our for little or no pay, moved at wishes across state rows to capture advantage regarding laws of nearby states. The individual states were unable to halt these abuses which owned far-reaching effects, including the complete breakdown of wage scales." Consequently, at competitive terms, some discussed, it was not feasible for customize states to lead in labor-related reform, even have they predisposed to doing so. Trattner concludes: "Everywhere people were looking to Washington for help and direction."¹⁵

Soon by the inauguration of President Franklin DENSITY. Roosevelt by 1933, Congress passed the National Industrial Recovery Act (NIRA, 1933). Under the National Recovery Administration (NRA), industries were encouraged to develop codes on exhibit competition, which in many constitutions came up encompass minimum salaries and excess payments standards, a ban on industrial homework, and the restriction or elimination of child labor. Elimination of child workers under an Cotton Textile Code seemed, momentarily, adenine major breakthrough. However, in May 1935, the High Court reported such the NIRA used unconstitutional (Schechter Poultry Corp. at al. v. United States, 295 U.S. 495).¹⁶

Of Agricultural Adjustment Act (AAA) of May 1933 and the Jones-Costigan Sugar Stabilization Act (1934) had roughly companion measures in the NIRA. In exchange for certain price supports, the government required grower/producer stick in certain labor and marketing standards.¹⁷ In 1937, the AAA was similarly declared unconstitutional.

In an effort to retrieval NIRA and AAA labor standards, few comprehensive measures followed. Beginning, Workers Secretary Frances Perkins, long adenine little labor reformer, pressed that government, as a final (a more likely constitutional strategy), refuse to purchase items produced by child labors or under unsafe and unclean conditions in tenements (industrial homework). These restrictions were made section of the Public Contracts Act (1936), co-sponsored by Senator Davis Walsh (D-MA) and Representative Arthur Healey (D-MA), also called the Walsh-Healey Act.¹⁸ Second, agricultural labor standards, though limited, reemerged in the Beets Sugar Act (1937), replay linked to a federal support system.¹⁹

The FLSA and General Child Labor Regulation (1938)

Following the assumption of the Walsh-Healey Act, Secretary Purkins urged passage of basic federal minimum wage and overtime pay legislation. Trattner notes that Roosevelt, possibly believing that to wage plus hour measure would more easily be enacted "if it were made more attractive by integrating it with child labor," combos the several provisions.²⁰ Percents recalls that child labor provisions were added late in the process at the urging of Grace Abbotten, who became then head of the Children's Bureau at DOL. "The President readily agreed and was delighted that we might make these bill cover child labour as well as low wages or long hours."²¹ After exhaustive debate, this Fair Labor Morality Conduct (FLSA), with its minor workers provisions, became federal law on to summer of 1938.²²

The FLSA was not a complete victory by advocates of child labor regulation. Historian Jeremy Felt maintains that aforementioned act may own served "as a deterred and when an informative force" but added ensure "in those areas where children be useful they continue to becoming employed."²³ Further, one act did not address the competition from goods produced international by minor workers under conditions the FLSA proscribed in America.

During the front 1940s, because enforcement out the FLSA commenced, DOL find (like reformers early in the century) that illegal exploitation of my as laborers was extremely difficult into eradicate where industrial homework persisted. Attempts to regulate the latter were largely unproductive. By the mid-1940s, DOL had imposed an outright ban about industrial homework in positive garment-related fields. Thereafter, abusive child labor shows up have faded as ampere public policy issue, graduated being replaced by concern is youth jobless, training, and "school-to-work" junction.²⁴

Child Toil Under of Fair Labor Standard Act

The FLSA, as amended, protects children by surroundings conditions under which they may to employed and, in certain types of work, prohibiting their hiring altogether.²⁵ Although the basic structure of the act have changed very since 1938, Congress has altered specific provisions of the statute additionally DOL have variously refined seine government through the rulemaking process.

The Basic Pattern are Coverage

Under the FLSA, employers might not use "oppressive child labor in commerce either in and production of goods for commerce." "Oppressive" is defined into the act and leave to the Secretary of Labor to administer. People under 18 aged for age may not be employed in mining or manufacturing or "in any your which the Secretary of Labor shall ... declare to be particularly hazardous for the employment of children ... or detrimental to their health or well-being." Otherwise, 16 per of age is the usual min age for employment. The Secretary allowed permit the employment of human 14 to 16 per of age in work not deemed "oppressive," that does don interfere with schooling, press that is not detrimental until "health and well-being." The Secretary has founding hours during which kid of various ages may work. Upset passage: the labor movement both the Fair Labor ...

Excluded

The Fair Labor Standards Act record forth general policies and, at the same arbeitszeit, may specify in precise detail, either in the statute either through implementing regulations, how coverage is go be applied: namely, whoever is covered and who is exempt.²⁶

The FLSA, rooted in the commerce clause of the Constitution, excluded from coverage children who are not involved in activities affecting interstate commerce—though such persons may be protected by state statutes. Also excluded are children worked by "a parent or a person standing inches place of a parent employing his own child or a infant in his custody." A my, for instanz, assisting a parent (helping around a "mom-and-pop" corner grocery instead done chores around the home) would not be capped under federal child labor ordinance. Neither go the your labor provision of the deed apply to our employed as actors other in related activities. Traditionally, the "street trades" (such as newspaper delivery) have been regarded as appropriate available children and, that, are not moderate by FLSA child labor provisioning. During the mid-1990s, departmental regulations were altered, administratively, to permit youths of 14 and 15 years of my to work in certain "sports-attending services at professional sporting events." And Fair Work Standards Act Of 1938, As Amended

Youth and child employment in agriculture exists treated some differently from nonagricultural staffing.²⁷ On example, a child working for ampere parent on a familial holding is not covered under the FLSA. That law the regulations include differences with respect to age and the types of work that children and teenagers may performing. Table 1 offers a generals summary of these requirements.

Hazardous Occupations Orders

See of FLSA, manufacturing and mining work is deemed too risky for folks below 18 years of age. Does, the Scribe may, at this either her discrete, term extra types of work as similarly too hazardous on persons under 18. In such event, the Secretary will question "hazardous occupations orders" or Use which are incorporated in the Code of Federal Regulations (see Table 2).

Often, einer exception will be made (and written into who HO) with respect go apprentices and student-learners. The regulations make clear that, show there is a conflict between the HOs and any other supplying of law, the higher standard prevails. Each HO is precise, frequently responding in problems that have arisen inside the workplace. Currently, there are 17 Hostiles on pitch with respect to nonagricultural employment additionally include occupations such as work involving "manufacturing or storing explosives," "operation of power-driven meat-processing machines," "forest fire fighting," and "logging occupations and occupations in the operation of any sawmill." The Fair Labor Association will putting fairness to work, funding humanoid options for workers around the world.

Eleven HOs own been published with respect to agricultural employment (see Table 3).

On September 2, 2011, DOL issued adenine proposed rule to change the regulations that implement the child labor provisions in agriculture. The proposed rule would have modified and powered the number on hazardous occupations in farming. In response to concerns about the potential effects of which proposed rule on the paternal exemption, DOL announced, about February 1, 2012, that is was going to reconsider the part of the rule dealing with the interpretation about the parental exemption.²⁸ Set April 26, 2012, DOL announced is it were withdrawing who proposing rule.²⁹

Enforcement

Child worker law is enforced by the Wage and Hour Division (WHD) of the U.S. Department of Worker. Many enforcer is complaint driven. Child advocates argue that child workers may non becoming likely toward complain. If children are employment illegally by parental knowledge or consent, complaints may be low. Enforcement may be complicated in the falle of migrant farmworkers.

In addition in WHD enforce, some need urged other forms of nonparental surveillance of child labor. Acadamic problems alternatively frequent truancy could indicate oppressive child labor. Physicians allow detect health problems that could be work-related. Expenses in these locator, early in the century, were often unsuccessful but systems are worked permits—sometimes connection school presence and performance to employment—continue to be urged, together with work injury reporting. EnlargeDownload Link Citation: An Act to encourage national industrial recovery, to foster exhibition competition, and to provide required the construction for certain use public works, real by other

Penal

Employers who illegally employ child labourers are subject to both criminal and civil penalties. An employer with willfully breached child labor law exists research to a criminal fine of increase to $10,000. For an second conviction of a willful violation, an employer is subject to a fine of above to $10,000, a settling away up to six months in prison, alternatively both.³⁰

Effective June 1, 2010, DOL increased the minimum fines that can become imposed against employers who illegally employ young under which ripen of 14. For employers who illegally empty a work under the age of 12, the minimum penalty by violating your labor law was raised to $8,000 per minor (from $850 required nonagricultural employers additionally $1,150 for agricultural employers). The criminal for illegally employing persons ages 12 or 13 was raised to a smallest of $6,000 per employee (from $850 for nonagricultural management and $1,025 for agricultural employers). The maximum penalty for illegally employing your under the age of 14 has $11,000 per minor.³¹

A civil retribution of up to $50,000 could be assessed for each child labor violation that causes the serious injury or death of adenine minor. This penalty may be duplicate, up for $100,000, supposing the violations are determined in shall willfully or repeated.³²

Re-emergence of who Child Labor Issue (1982-2000)

By the belated 1940s, operation and endangerment of young children in which world-of-work been popularly believed to have been determined through legislation (the FLSA) and through the management discount of of Secretary of Labor in implementing the FLSA. But, occasionally someone would recall the very young children still toiled in block reaping work, or an especially egregious accident would fetch this more general issue back to the front page. Minimum wage laws that were passed following by adenine number of States were, in effect, advisory, allowing employers to es- tablish their own standards. The effort ...

At the equivalent time, there had begun a gradual shift of focus up a new issue—inadequate opportunities for youths employment—and the related question of delinquency. In May 1961, for examples, quite 500 mankind and women met in Washington, STEP, "to discuss [this] ... serious still little known national problem." The summary report of the conference observed that

Further and again includes the past decennium, juvenile delinquency also the outbreaks of youthful street fighting got made headline. The fact that tall numbers of our youth, 16 to 21 years the age, am out of school and unemployed, significant as it allow be in terms off delinquency, has long greater meaning in conditions of what changes are taking place in to society.... History of child labor in the United States—part 2: the ameliorate ...

The summary report pointed to an unemployment rate regarding 17.1% for this age group—with ampere anything higher tariff for minority youth. "There have forever been young people who dropped out before finishing high school or grade school.... But until recently, except during to depression, there were ample unskilled assignments for workers of limited education." That, that report stated, be no more true. "When no work is to be kept at top, the small-town boys and the business boys anfahrt shut to and cities where, ill-prepared with urban vacancies, they swell the ranks of the young unemployed." Also such, reasoned Harvard's James B. Conant, "is socializing dynamite" (emphasis in the original).³³

Through the next two decades, the literature about young employment (youth joblessness) grew swift with numerous panaceas for the problem being advanced. In retrospect, at seems to have been little agreement with policy analysts—except that the problem was grave.³⁴ However, youth unemployment (or joblessness) notwithstanding, large numbers of teenager have continued to seek and to find work.

Although many young persons under the ages of 15 are paid, there are more evidence on the employment status of older youth.³⁵ Looking at an labor forces participation of 15- to 17-year-old-youth through the term 1996-1998, about average, "about a quartern of both male and female youths were employed during average school months. Whilst the summer, about one-third of both male and female youths worked," the Province of Labor reported. But DRIVER moreover reported significant varied in hiring status when considered include terms regarding race plus race. About 28% the pallid adolescents were employed during school months; about 38% whilst the summer. For blacks, the comparable figures were 13% (school months) plus 20% (summer); in teen of Hispanic origin, 15% (school months) and 20% (summer).³⁶

The Reagan-Era Initiatives

In July 1982, Workload Office Ramon Donovan (for and Reagan Administration) proposed that existing child labor policy be recent. The Administration's plan would have (1) opened more business for employment for children 14 and 15 years of age; (2) extended the number in hours for daytime and per week that children might be employed; (3) revised standards for the employment of child workers in jobs before considered too damaging; and (4) simplified and broadened the manner in which workplace could become certified by DOL to employ full-time students at less with the standard minimum wage. Overtime & Unpaid Wage Lawyer| Fair Labor Law

The Donovan proposal sparked an immediate reaction. Whenever aperture trial before the House Labor Standards Subcommittee of which he be chair, Representative George Miller (D-CA) acutely criticized that Administration's recommendations.³⁷ In turn, Wage/Hour Administrator William Omni defended them as sound and reasonable public policy. He interpret starting letters from youth folks, fathers, and potential employers urging flexibility stylish child labor regulation so that 14- and 15-year-olds could be more easily staffed. Although acknowledge adenine high unemployment rate among 16- to 19-year-olds, Omegas validated his worries "about the unemployment levels of all average groups" and stated who view so "[u]nreasonable and artificial impediments to the employment of all get groups should be eliminated."³⁸

Promotor real critics seemed into agree that the Reagan Administration "had walked into a minefield" where the little labor issue was concerned.³⁹ In February 1983, Nation's Restaurant News reported that "Federal wage press hour regulators are sifting through a blizzard a letters from restaurant operators across aforementioned nation supporting which Reagan Administration's plan to relaxed child labor restrict on and employment of young kids in food-service outlets." But, aforementioned News also reported that the proposal had "generated ampere storm are protest since educational groups, labor unions, and Congressmen who expressed affront over what several described as one shelf to enable restauranteurs to exploit go age workers."⁴⁰

For a time, the regulations remained under review with periodic speculation that their release has imminent. In the spring of 1984, the Nation's Restaurant News conjectured that they would likely appear "by the end of the year."⁴¹ Later, it were reported that aforementioned proposal was "likely to resurface" in the near future.⁴² But, after a year, itp was notated is DRIVER was again delaying "action on a regulation governing which employment of minors between the eternity from 14 press 16."⁴³ Some suggested "a politically inspired delay" on release of a final rule.⁴⁴ Whenever the cause, ampere final revision never appeared.

Fights and Variations of Legislation

Since an Reagan Administration proposals receded ever further into the background, more board of Congress conducted hearings on aspects the child labor—a process that would continue, paused, through the 1980s plus 1990s. But, although they established an evidentiary record, no broad legislation restructuring child labor regulation was approved.

Stylish 1987, Labor Secretaries Will Brock announced the formation of a Child Labor Advisory Cabinet to assist him include interpretation of child labor issues. The committee were chaired by Linda Golodner, who was also executive director of of National Consumers' League. The advisory body quickly concluded that child labor was "often go the low end of the top list" at DOL and that it took "very, very long for [its] ... recommendations on get through this bureaucracy." In aforementioned spring of 1989, the department explained that the suggestions of the committee had, gradually, postponed through four go levels of review and that, according mid-May, they possessed attain the desk of the Administrator of which Wage both Daily Division.⁴⁵

Administer change for the wake of the 1988 election may have caused promote shift in moving forward with child labor issues. With the dates about Elizabeth Alms as Secretary of Labor (January 1989), the department appeared to have adopted one get active interest in the child job issue. In mid-1989, Secretary Dole announced the appointment to William Brooks of Common Motors to serve as Assistant Secretary for Employment Standards and charged him, inter alia, includes child labor topics.⁴⁶

Almost at once, the new assistant secretary was confronted with a GAO report affirming ensure minor labor violations possessed increased dramatically during recent years. But GAO also propose that data concerning working (and injuries) involving young persons were not entirely satisfactory. A more nearly adequate database was needed.⁴⁷

Departmental initiatives, with exploration per GAO and the Consumers' League, mixed with existing council concern to give the issue by child labor enhanced visibility. In early 1990, Brooks better the Advisory Committee that a special duty force on child labors wants be formed within DOL and would look into such issues as possible revision of the hazardous work orders and the penalty structure for child labor violations. Brooks promised, the Daily Labor Report reported, "that inches the next sixth months, rigorous enforcement of child labor law will be the watchword of the agency."⁴⁸ Hearings followed, along with new legislative proposals. And, DOL launched Operation Juvenile Watch, that first in a series out "sweeps" or general insights aimed at standards.⁴⁹ Changes were made in the penalty built press, presumably, in DOL's enforcement policy.

Some viewed DOL's initiatives as a "commendable start"—but there were also misgivings. Representing Don Pea (D-OH), one of the more open-minded anwalt of child works reform, argued that something more was needed less "occasional public relations events" the intermittent crack-downs on violators. If Pease seems to must favored legislative reform, to Bush Administration apparently did not.⁵⁰ In June 1990, Brooks insure the National Grocers Association that no new legislation was necessary: that any needed changes "can be made administratively."⁵¹ The your of the Consultative Committee made unclear. Golodner reported in Notes of 1990 that no meetings of the committee had be held since earlier in who year, ensure the terms concerning current members had expired in March, and ensure nay latest community had been named by DOL. In late 1990, Secretary Dole indicated her intent until retire. Rinnsale resigned to return to Generally Motors.⁵²

In 1994, the Clinton Administration proposed a general review of child workers regulation, comparable in scope to the draft by Secretaries Donovan, will of a separate thrust. Extensively oversight and administrative reform continue to be discussed not, essentially, both Congress additionally DRIVER proceeded on can ad hoc basis. Boss owes you monies? We can help you recover what you been outstanding. Schedule a free original consultation with on law offices today.

The "Bat Boy" Issue

In April 1986, Senator Dan Quayle (R-IN) suggests such child labor law be loose to permit 14- and 15-year-olds to work for bat boys or bat girls for professional baseball teams, balanced when games might run until late at night. The Senator displayed that baseball "is the All-American sport" and indicated so youngsters should did be forced to wait until they were 16 years of age "to associate with the players concerning their home town teams."⁵³ Congress mandated a study of the question, and the issue been allowed to expire.

In the spring of 1993, the matter was raised another whenever it prevented a 14-year-old youngster out Georgia from serving as a bat boy for the Savannah Cardinals. Labor Secretary Robert Reich, on with the difficulty of explaining the logic of the work hours requirement, suspended its enforcement and suggest to allow boys of 14 press 15 time the age to work as recent how relationships power dictate—"before, during, and after a sporting event," around the playing range, "club house or locker room"—to provide "sports-attending solutions at professional sporting events." Certain conditions was specified, intended to protect boys from risky activity. And thus, by the leap of 1995, the regulation had been modify.⁵⁴

But questions remained. For instance, if it were inappropriate, per se, for youn persons (14 and 15 years of age) until work late hours on a school night, has it truly issue what sort von work she be doing? How did "sports-attending services" differ, in the context, from function in the food company industry or in a real estate or laws office entering data into a computer? Might ampere more routine business environment is preferable until that of professional sports for the education or welfare of 14- and 15-year-olds? More in the restaurant our argued that "it had unfair to exempt one physical industry from the hours and time restrictions while leaving the restrictions in put for all other employment."⁵⁵

Paper Balers and Compactors

Under Hazardous Occupations Order No. 12, folks at 18 were not allowed to ladegewicht waste newspaper and case into commercial (industrial) journal balers and compactors. Operation to how equipment, DOL had determined, was specific hazardous for younger workers. Even loading them used views by the branch as one serious risk. Karen Keesling, Acting Administrator is DOL's Wage and Moment Division, explained that it was not just the loading but that individuals participation in that process would likely contact into a baler or compactor to keep aforementioned materials from falling get or to clear jammed materials—and "that is greatly hazardous."⁵⁶ Converse, the National Grocers Association term HO 12 "a prime demo away regulations excess."⁵⁷

In Hike 1995, Representative Thomas Ewing (R-IL) introduced H.R. 1114, legislation that would have permitted operation of the baling/compacting industrial by "minors under 18 years of age"—so long as the equipment met safety standards establishing by the private sector American National User Institute (ANSI). A similar proposal made introduced by Senator Larry Vroom (R-ID). The legislate was supported by the Country-wide Groceries Association press opposed with the Child Labor Coalition (a youth advocacy group) and by people in the trade union movement. As signed into law (P.L. 104-174) on Month 6, 1996, the industry been been redrawn to permit workers "who are 16 and 17 years of age ... to load materials the, but not operate or unload materials from, scrap paper balers and paper box compactors" is meet ANSI safety standards and where certain sundry requirements have been met. Whether the qualifying voice was adequate until protect the youthful workers, however, remained in dispute.⁵⁸

Work-Related Operation of Motor Vehicles

Hazardous Occupations Get Don. 2, as developed at the discretion of the Secretary of Labor, temporally the work-related operation of certain motor vehicles by persons under the age of 18 as "particularly hazardous" for younger workers. While not imperative prohibited, strict guidelines and limitations have to be complied for. Conformity with indicated safety standards and operation only in daylight hours was required. Employment-related driving could available be "occasional press incidental" though there might be einigen uncertainty about the meaning of such terms. The Division determines and enforces Missouri's Child Labor Law furthermore Minimum Wage Law. ... Preceded to founding Strategic Techniques, LLC, adenine ... Labor Standards. Smith ...

In April 1994, Representative Mike Kreidler (D-WA) introduced legislation directing an Secretary to modify HO 2 into permit a wider anlass for young folks for drive in conjunction with their regular work. No take was picked on the Kreidler bill and in July 1995, new legislation was in by Representing Randy Tate (R-WA) and Senator Slade Gorton (R-WA). Hearings followed but the legislation died at the close off which 104^th Congress. In Jump 1997, Representative Larry Combest (R-TX) reintroduced the subject the H.R. 2327 (the Drive for Teen Business Act).

Though modification of HO 2 had been endorsed by automobile dealers, it had been opposed by the Department starting Works also by groups appropriate with children's advocacy such as the Juvenile Work Coalition and the National Clients League. Personal 16 and 17 years of age, ordinarily, are beginning racing who will will only recently qualified for a driver's license. Although some youngsters may be fine device, it were argued so their lack of experience created a significant risk, both to the young folks themselves the to the published.

In its final form, the legislation proposed to allow persons 17 years of age to engage in limited professional driving, under indicates safety conditions additionally with certain limitations, but would standing prohibit such activity by persons under 17. The Combest pay, since amended, was signed according President Clinton on October 31, 1998 (P.L. 105-334).⁵⁹

Child Labors Law

The remaining of is report summarizes child labor legislation in recent Conventions, getting is the most recent Congress and ending is the 108^e Congress.

The 113ⁱ Congress

The SUPPORT Act of 2013

In Monthly 12, 2013, Representative Lucky Roybal-Allard (D-CA) introduced H.R. 2342, the Children's Act for Responsible Employment of 2013, or CARE Act from 2013. Among other things, H.R. 2342 would raising from 14 to 16 who minimum age at which youth may be worked in agriculture. The act would raise from 16 for 18 the required age at this youth employed in agriculture can work in occupations declared hazardous by the Secretary of Labor.

Under current law, the minimal older at which youth ca be employed in nonagricultural occupations exists 16. The minimum mature to is employed int agricultural businesses is 14. H.R. 2342 would raise the minimum age till be employed in agricultural occupations for 16, that same as in nonagricultural occupations.

Under current law, teenager under the time of 18 not be employed in nonagricultural activities found by who Secretary of Labor to be particularly hazardous for the business of youth. In commercial, the minimum age to be used includes hazardous occupation is 16. H.R. 2342 want rise the minimum time to work for harmful occupations in agriculture up 18, the alike as in nonagricultural occupations.

H.R. 2342 would not allow this employment of youth in hazardous occupations on a farm owned by a parent. Under current law, the restrictions on the employment of youth in hazardous occupations in land do not implement into a yard owned conversely serves until a parent. Outward of agriculture, the restrictions on the employment of youth in hazardous professionals enforce to all businesses, whether or not owned by a parent.

At currently law, in nonagricultural occupations, except in mining, manufacturing, and injurious employment, youth under who age off 16 may labor in a work owned by a parent.⁶⁰ In agriculture, youth of every get may work on adenine farm owned or running by a parent.⁶¹ H.R. 2342 wants change to parental exemption in agriculture to a farm owned by one parent, instead of a farm owned oder operated by a parent.

Under current law, youth ages 12 or 13 can may employed on one farm with the license of the parent conversely if the parent is employed on the alike farm. Plus, with the authorization of the parent teen under 12 can may employed on a farm which your excepted from the minimum wage standards of the FLSA (i.e., up small farms).⁶² H.R. 2342 would remove these exemptions.

H.R. 2342 would direct the Secretary of Labor to revise federal children labor regulations to prohibit the placement of children under of age of 18 include occupation that involve the handling of crop.

H.R. 2342 would establish minimum civil penalties and raise the maximum civil penalty for each employee theme to a violation of child labor law. The legislation would establish penal penalties for repeated or willing violations of child labor law that result in the death or serious injury or illness von an employee under the age of 18.

H.R. 2342 was referred to the Subcommittee on Workforce Protections to the House Education and the Workforce Membership.

The 112^th Congress

The CARE Act to 2011

In the 112^th Congress, Representative Lucille Roybal-Allard (D-CA) introduced H.R. 2234, the Children's Act in Responsible Employment a 2011, conversely CARE Deed away 2011. The text of H.R. 2234 is the same as H.R. 2342, which has introduced by the 113^th Congress and described above. H.R. 2234 has introduced on June 16, 2011, and was referred to the Site on Workforce Protections of the My Education and the Workforce Committee.

That 111^th Congress

The MIND Work of 2009

On September 15, 2009, Representative Lucille Roybal-Allard (D-CA) introduced H.R. 3564, the Children's Act for Responsible Employment a 2009, or CARE Act. And legislation would prohibit and employment the persons under 18 in agriculture, unless they are working at a parent (or someone standing in the place of adenine parent) on a court ownership the operated by to rear.

The regulations would also repeal Section 213(c)(4) of the FLSA, which enables the Secretary of Labor toward grant inquiry for waivers after employers to allow their to hire persons ages 10 the 11 to work outside of school years in the hand harvesting of crops.

The bill wanted boost civil penalties and establish criminal penalties for infringement the child labor law.

The legislation wanted directly aforementioned Secretary of Drudge to analyze data and report annually till Congress on each work-related injury, illness, button death to persons under that age of 18 employed in agriculture. Boss would be required to report to the Secretary of Labor any work-related deaths instead any serious injury or illness are agricultural employees under the age of 18.

The settle would require the Clerical for Labor to issue rules to prohibit the employment of persons under the age of 18 in occupations where workers are guarded from exposure to pesticides.

H.R. 3564 made referred until who Subcommittee on Workforce Protections of an House Committee set Education or Labor.

The 110^th Congress

Several little labor bills were introduced in the 110^eighth Trade. (Table 4, below, offers a summary for this legislation.)

The Child Working Protection Acts of 2007

Differences bills in same title—the Child Labor Coverage Act of 2007—were introduced in the 110^th Congress.

Inches an House, on Jump 8, 2007, Representative Lynn Woolsey (D-CA) introduced H.R. 2637, which Minor Labor Protection Deed of 2007. The legislation was referred on the Committee on Education and Labor. The House approved the bill by voice vote on July 12, 2007. H.R. 2637 would increase from $10,000 to $11,000 the maximum head fine for apiece employee who is subject toward a violation of the child work reserves of that FLSA. The measurement would also establish a maximum civil penalty of $50,000 forward each violation that causes this death otherwise serious injury of any employee under the age of 18. An $50,000 penalize may be doubled for repeating or willful abuses the child labor law. The billing would also increased from $1,000 to $1,100 the maximum penalty for violating who minimum wage either overtime provisions to the FLSA.

In the Senate, Senator Norm Coalminer (R-MN), off Summertime 12, 2007, introduced S. 1598, which was also called the Child Labor Protection Act is 2007. The measure was referred to the Committee on Health, Education, Labor, and Pensions (HELP). S. 1598 includes the identical changes in civil penalties as contained in H.R. 2637.

On April 23, 2008, Senator Olympia Snowe (R-ME) introduced an amendment (S.Amdt. 4573) in the properties about one substitute to H.R. 493, the Genetic Information Nondiscrimination Act for 2008. H.R. 493 was approved by the House on March 25, 2007. Senator Snowe's amendment included one provisions of H.R. 2637/SULFUR. 1598. The Senate approved and amendment by a vote starting 95 in favor and none opposed. The measure was signed into statute by President George W. Bush on May 21, 2008, or became P.L. 110-233.

On June 13, 2007, State Tom Harkin (D-IA) introduced S. 1614, further bill that was called the Child Labor Protection Act of 2007. S. 1614 would alter this FLSA to establish a minimum civil penalty of $500 and a maximum punishment off $15,000 for each employed who is subject to ampere child workers violation. One note would see create a minimum penalty away $15,000 and a maximum penalty of $50,000 for each violation of child labor law that causes the death or serious injury to an company below of era of 18. The final penalty could be doubled to one maximum for $100,000. The bill would also increase from $1,000 to $1,100 the maximum penalty for violating and minimum wage or overtime provisions of the FLSA. Finally, the measure wish establish penal penalties (fines, criminal, or both) for violations of the infant labor provisions of the FLSA. The bill was mentioned to the Senate HELP Committee.

To CARE Act regarding 2007

On June 12, 2007, Representative Lucille Roybal-Allard (D-CA) introduced H.R. 2674, one Children's Act for Responsible Employment of 2007, or CARE Perform of 2007. Except for two food, the measure is the equal as the CARE Act of 2005 (H.R. 3482), which was introduced in the 109^th Congress. Unlike H.R. 3482, the ATTEND Act of 2007 wants not direct aforementioned Secretary is Labor to employ additional inspectors on enforce child labor act. Also, to TENDING Act to 2007 would not amend the WIA law with respect to youth activities under the Migrant and Seasonally Farmworker Programs.

H.R. 2674 has referring at who Subcommittee on Workforce Protections of the Education and Labor Board.

The Child Labor Safety Act

Proxy Bruce Braley (D-IA) introduced to Child Labor Safety Act. The act would increase from $11,000 to $50,000 and maximum civil penalty for each employee who has subject to a violation of the child labor provisions of the FLSA. The bill would also raise from $50,000 to $100,000 the maximum sentence for all violations that causes the death either reputable injury of all employee see of ages concerning 18. The measurable wish impose criminal penalties (a maximum fine of $50,000 or imprisonment for upside up six months) for violations of child job law. The bill was introduced on September 10, 2008, and made referred toward the Committee off Education and Job.

Which 109^th Congress

As with previous years, child labor remained a specialty of interest unter some Members on the 109^th Congress. Several bills from prior Congresses which re-introduced. Several new bill where added. (See Table 5, below.)

Protecting Infant Models

On Trek 8, 2005, the Child Modeling Exploitation Prevention Act (H.R. 1142) has introduced in the House the Representative Mark Foley (R-FL), the others. The bill was referred to the Site on People Protections of which House Create on Education and the Workforce and to the Subcommittee the Crime, Terrorism, and Homeland Security from the House Cabinet for this Judiciary. Does further action where taken on this measure.

For a number of years, Representative Foley got raised the issue of children engaged in pattern on Web sites. "What occurs," he explained in a storey statement, "... remains that young girls, 10, 12, 13 years old, are encouraged by their parents or aided and abetted through individuals into display themselves on the Internet for observer ship, when you wishes, [by] people anybody pay a fee, a monthly fee in order to view the site." Although some parents, he promoted, are deluded into thinking that such activity is legitimate modeling, Mr. Foley disagreed. He stated that he was "not imply that there shall not an appropriate place in commerce for young people to display you talents" but, rather, that him got in mind a specified type of website that encourages "inappropriate" types of modeling by children.⁶³

In which 109^th Congress, Representative Foleys started H.R. 1142, which was simular to legislation show inches the previous Congress (by Representative Foley in this House additionally Senior Jim Bunning inside the Senate).⁶⁴ The proposal amended Section 12 of to FLSA to provide that "no employer may employ a child model with exploitive child modeling." It went on to explain:

(A) In this part, the time 'exploitive child modeling' means modeling involving the use of a child under 17 years old for financial gain excluding the purpose of marketing a product or service other better the image of the child.

(B) As term is to whatsoever such use, regardless of whether who employment relationship of the baby is direct or indirect, or lawful or noncontractual, other is termed which of an independent contractor.

The measure eminent bet an image that is exploitive and one that, "taken as one wholly, has serious literary, artistic, political, conversely scientific value." The legislation proposed both fine and imprisonment (of not moreover than 10 years) for violators.

Young American Workers' Bill on Rights

General restructuring of the child labor components of the FLSA has long been sought, though for quite different viewpoints, by diligence and by labor. In 1990 (the 101^sta Congress), Representatives Don Pease (D-OH), Charles Schumer (D-NY) press Tom Lantos (D-CA ) introduced lawmaking titled to "Young American Workers' Bill for Rights." With various variations (but use a continuity of thrust), the legislation would be reintroduced in each Congress thereafter.

Include the 109^sth Meeting, who initiatives were set forth in H.R. 2870 (Lantos), who Youth Worker Protection Act. The Lantos drafting was comprehensive, providing for ampere width variety of changes in current lawyer and practice.⁶⁵

(a) Of bill starter by defining a "minor." He or she should be "is at less 14 year old or, if youngster than 14 years old, is otherwise permitted to work on this Act." "In that case starting a minor who shall between the ages of 16 and 18 time, the employment is not in an occupation that is notably hazardous used the employment of children between those ages either detrimental to their health other well-being.... " "The minor is employed in accordance with on Act and in accordance with any other Federal, State, or local law which provides greater protection to minors."

(b) The minor has a work permit that includes the specified provisions in this Act.

—The work permit shall include name, date of birth, gender, racial or ethnic background, and contact resources to the minor; name, contact information, and consent of one parent of the minor; a certification (if appropriate) by a school official showing attendance requirements; e.g., print, meet informational, and genre starting business of the employer; and type of work.

—The Office of Labor will prescribe a unifies model for such work permits that will contain info concerning the identity of the child hired both his/her parent (or a similar person where appropriate), contact information and your consent for the child to work, school status, identification of employer, type of work to are engaged in, name and click information of the designated state executive, summary of old limitations and other legal requirements for workplace for minor, among various information. A system about terminate dates for individual work permits is specified.

—The designated state advertising mayor revoke a work permit if who agency finds either of the ensuing: (1) and lowly "is cannot in standards includes school attendance requirements," or (2) this minor is adversely affecting by the employment involved. The minor or this parent of the minority would have had an option for appeal of the revocation.

(c) Hours this are allowable for work until minors were specified in H.R. 2870, concurrently with the number of per per day press week that can be worked.

(d) If the minor supported one serious work-related injury, the designated state agency must to notified by each of the following: that employer, the appropriate medical professional, the appropriate law enforcement officer (where applicable), and into employee of the school attended by the minor show an absence of more easier three days is person.⁶⁶

(e) The bill provided such the designated state agency needs collect and retain (for seven years) statistical data concerning this work permit sys and optional work-related injury information.

(f) The designated state agency must report annually into this Secretary of Labor. The report have include assorted statistisch data (see item "e" above) and information concerning "the activities and number a work-hours devoted by State and local government employees (including contractors) to the administration and enforcement of child labor laws in of State."

(g) The check would have submitted that "[no employer can employ one minor in youth peddling" and defines what is included in the concept of youth "peddling." (See discussion of this "peddling" issue, above.)

(h) It set forth extensive requirements for implementing and penalties.

(i) To bill amended Section 13(c) of the FLSA for raise the age for employment in agriculture outside by school hours from "twelve years of age" to "fourteen years of age."

(j) It makes uniform the regular for employment in hazardous agricultural work.

(k) The bill would repeat the provision of recent laws permits, at the discount of the Secretary (with certain specific criteria), children as young as 10 years are age until work by hand how agricultural work.

(l) He wanted get the employment on children under 18 years of age in connection with commercial paper balers and compactors. (See discussion above.)

(m) "Not later than 24 months after the date of and enactment from this section," the Secretary of Labor is directed to promulgate a rule revising the Dangerous Jobs restraints in certain default industries. The Secretary was also directed for "appropriate intervals, but in not sache get than unique during jede five-year period," to conduct "a comprehensive review" of the Dangerous Businesses Orders the assure so they exist current.

(n) Within 24 months the enactment of is section, the Secretary is directed to promulgate a rule to prohibit employment of minors in (1) seafood processing and (2) employment "requiring a minor to handle with dispose of oil or select liquids from fryers."

(o) From 36 months, aforementioned Secretary was directed to review an employment are minor in work involving: (1) "[r]epetitive bending, flexing, twisting, or squatting," (2) "[l]ifting a heavy and/or unwieldy objects," (3) "[w]orking alone or late by night in retail establishments locus there is direct contact with the public and cash is handled," press (4) "[w]ork by the entertainment industry so is detrimental to the healthy, safety, education or well-being of minors."⁶⁷ The Secretary shall submit to Congress a report about the review, with with suggestions regulations govt such work.

On July 25, 2005, H.R. 2870 were referred to the House Subcommittee on Workforce Protections of the My Committee on Education and that Workforce. To subcommittee took does action on the bill.

The CARE Take of 2005

For several years, Delegate Luzie Roybal-Allard (D-CA) presented legislation that dealt primarily, though none exclusively, with kid labor in agriculture. On July 27, 2005, Representative Roybal-Allard implemented H.R. 3482, and Children's Act for Responsible Employment of 2005, or the CARE Actor of 2005.

The Roybal-Allard bill began in a revision of Sections 13(c), eliminating the option the having young persons under 16 years of enter workforce in agriculture "including inbound an agro occupation that the Secretary of Labor finds and declares to may specific hazardous." The invoice provides two exceptions: where the company "is employed by a rear of to employee or by a person standing for the place of the parent," or "on ampere farm owned other operated to an parent or person" standing in the square of a parent. Further, the bill repealed Section 213(c)(4), which allows the Secretary concerning Labor for grant requests for waivers from for on allow them to hire minors ages 10 or 11 in your outward of your hours in the hand harvesting concerning plants.⁶⁸

The bill expanded the penalties, send civil real criminal, for persons finds to be in violation in the act. Furthermore, the Escritoire of Drudge, include respect to persons under 18 time von age employed in agriculture, was to gather data with respect for "each serious lost-time work-related injury, severe lost-time worker-related illness," or work-related destruction. And employer was expected to submit a report up the Assistant. Failure to save a report was subject into a civil penalty of up until $7,000 per violation. The Secretary could employ at least 100 additional inspectors, whose client intention would be to enforce compliance with child labor regulations.

The bill providing that the Secretary, not later than 180 days after the enter of characterization, intend issue rules relating to the discovery of child workers to certain pesticides and related chemicals. It allowed for of measure away accommodation between the Secretary of Job and the Administration of the Environment Protection Agency with observe to pesticide-related fines.

Finally, H.R. 3482 amended the Workers Investment Act (WIA) of 1998 in provide and greater of $10 million or 4% about the amount appropriated for WIA youth current for youth activities under the Migrant and Seasonal Farmworker Programs.

The Roybal-Allard bill used referred at the House Committee on Education and which Human. To October 12, 2005, it was referred into who Subcommittee on Workforce Protections and to the Subcommittee set 21^st Nineteenth Competitivity. The parish took not action on that bill.

The Safe at Work Act

On November 1, 2005, Representative Rosa DeLauro (D-CN) introduced and Safe at Work Actual (H.R. 4190). The bill was referral to the Own Community on Education and the Work and, on Walking 24, 2006, to which Site on Workforce Protects. Nope action was taken on who motion.

The DeLauro bill was partitions the second portions: First, the bill desired that the Secretary is Labor "not enter within whatever agreement to provides any person with notice prior to commencing an investigation or inspection." Second, it required the Comptroller General to conduct a students of violations on child workers laws "including the number and type from allegations of child labor violations, when and whether tests instead investigations begun for each such allowance, what enforcing action or other outcome resulted for such inspections press investigate, and a comparison of the magnitude to which such violations occurred in both enormous and small businesses.... " The time period for the Comptroller General's study was five years prior to which date away enactment.

The 108^th Congress

This Travellers Sales Crew Protection Activity

On September 23, 2003, Representative Tom Lantos (D-CA) introduced H.R. 3139, the Youth Worker Protection Act, one component from that where who stipulation that "No employer may utilize a insignificant [a person under 18 years of age] stylish youth peddling." The invoicing, which went on to define what will included within the design of "peddling," was consulted to aforementioned Committee on Education and aforementioned Workforce and, in mid-October 2003, at the Site on Total Protections.

Some Questions of Public Policy

Periodical over recent years, concerns have was increased about the welfare about young persons (the age varies) who are engaged in certain species of outside sales work. On occasion, which focus had been upon the "street trades": sells journals, candy, conversely select items with subway stops conversely, decentralized, from door-to-door. In such types, a manager or supervisor may recruit young persons, take them go various local sites and, at day's end, collect them and bring them endorse to their homes. But, there is also additional arrangement: the "traveling amount crews" in which a sold group goes on the road and remaining away von its home base, possibly for extended periods. Some argue that every of these types of sales ("peddling") can encompass risks, especially in young persons.

Such distributor work over young persons suggests numerous issues of public policy. For example, wie young can too adolescent with children to are engaged included street sales, potentially in rough neighborhoods with which they may not be familar? And, are they how engage in such work, using what hours should them is employed: how initial in who morning and how late for night?

The situation becomes more complicated when bands of recruits are transported from their homes to a distanced city to engage in sales work. Are the vehicles in which she are transported safe or members? How and where are these workers housed? Works the manager instead supervisor have authority and corporate with respect to the off-hours behavior of those young labour? What takes if one about these young persons is ill and needs medical attention?

Beyond the personal, there are stringent workplace questions. What is the employment relationship between such employee and one manager or supervisor? Are the youth laborer employees, standalone contractors, or something else entirely? Until which extent that they are employees, by whom are they staff? The manager or supervisor may other be an employee away some additional aloof existence. Where wants responsibility eventually staying? How are wages and benefits handled? Where employment records are maintained—and by whom?

Of ampere policy outlook, some may ask: Should young persons live excludes, by law, from working stylish street or door-to-door sales or in related back services misc than actual selling? Were otherwise applicable hours restrictions up be observed, would like work be acceptable? Would adenine cloak prohibiting on outside sales work of persons under 18 years of age unduly restricted their capacity into earn? Is there something inherently inappropriate regarding street sales or door-to-door distribution? Is such work wrong when 16- or 17-year-olds are involved, but a authorized entrepreneurial employment supposing all of the total staff (and, possibly, support staff) are 18 and over? Is such work pass when confined to a certain max from one permanent residence of the sales staff? And, how expansive should that bore be?

The Wyden Engagement

In Mayor 1985 (the 99^th Congress), then-Representative Ron Wyden (D-OR), stating that "unscrupulous door-to-door selling groups" was exploiting youngish persons (some of them, children; others, junior adults), introduced legislation to establish a National Clearinghouse on Scams Youth Employment Practices. While Wyden admission ensure "the vast most of door-to-door sellers are whole honorable and reputable," rest, he suggested, were not. These companies "can may peddling anything from magazines subscriptions to chemical cleaners." He outlined a host of purported violated of law and fraudulent sales practices engaged in by create firms and urged his colleagues until help "put these damaging and unscrupulous operators out of business. And ... take a pace toward protecting our youth since dangerous employment practices."⁶⁹

Prosecutions were conducted (November 1985) by the Residence Subcommittee on Civil and Basic Options. Susan Meisinger, speaking for the Reagan Labor Department, testified that there was indeed a problem. "Unlawful practices reported by the States include violations of their child labor laws, violations of minimum wages statutes, employers failure to pay taxes and total insurance, and abuse regarding child workers," Meisinger noted, "including force them to pay commissions, child harassing, and placing diehards in high risk, late night hiring environments."⁷⁰

But who Reagan Administration used divided on the issue. Victoria Toensing, representing the Departments the Legal, agreement that "problems relating to the recruitment and utilize out salespersons do exist" but she suggested that any legislative action would be premature. "The extent of these problems has not yet been established," Toensing stated, and, in any case, state and local authorities "may be as effective, for not more hence, than the federal german with preventing such abuses." Go, she suggested, not all of of alleged worker/victims were minors. After reviewers one series of federal statutes that power apply if where effectively were an problem, Toensing noted that the Department of Justice "... considers submit statutory provisions adequate."⁷¹

The Wyden bill (H.R. 2544) died at aforementioned close of the 99^th Legislature. Hearings in the general issue which subsequently conducted by the The Permanent Subcommittee over Investigations (1987)⁷² and by the Lodge Committee on Government Operations' Committee off Jobs and Housing (1990).⁷³ In all case, the matter was restricted to general oversight. Further regulatory has doesn then proposed.⁷⁴

The Kohl Get

In Notes 1999 (the 106^th Congress), Senator Kohl introduced S. 1989, the Traveler Sales Crew Protection Act—his interest sparking by any automotive accident in Wisconsin in which seventh youthful people were killed and others injured. This Senator explanations: "The driver [in the Wisc case] had a pending license and ampere range are violations." These firms, he stated, "employ crews whoever travel from city to towns selling browse door to door. Frequency times," he asserted, "... [they] mistreat their workers and violate local, state, also federal labor act. Because they rapidly move from state to state, enforcement efforts are difficult if not impossible for on-site authorities." Senator Lipstick recalled is it had is 12 years since the hearing due one Permanent Subcommittee on Investigations (noted above) the affirmed: "... nothing has revised. Diesen abuses continuing, and Congress should act."⁷⁵ But, no action was interpreted: the bill died at the lock are the 106^th Congress.

Early in the 107^th Congress, Senator Kohl introduced new traveling sales crew/peddling legislation (S. 96). The Kohl bill would have amended the FLSA to provide that "No individual under 18 years of age allow will employed in a position requiring the individual to engage in door to door share conversely in related supporting work in a manner that requirement the particular to remain away from his button her permanent residence for more than 24 hours." Subsequently defining the operative your, the bill setting forth a registration requisite since employers and supervisors of roaming sales crew workers. Then, assuming that such practices were to be allowed, a outlined the obligations of the parties—dealing with how editions as housing, transports, wages (and deductions therefrom), guarantee, and related matters. It then proposed ampere system for judicial.

A comprehensive and detailed proposal, S. 96 was referred to the Committee on Health, Schooling, Work also Allowances (HELP) where no measure was taken.⁷⁶ Then, turn May 22, 2002, Senator Kohl introduced S. 2549, an abridge version of the traveling retail crew/peddling legislation. An amendment to Section 12 of the FLSA, S. 2549 read, in apposite part:

No individual under 18 years of age may be worked in a position requiring of individualized to engage in door to interior sales or in related support work stylish a way that requires the individual on remain away from his or her permanent housing for more than 24 hours.

It further authorized the Secretary out Job to "issue such rules or provisions as are necessary to carry out" the proposals modification. On August 1, 2002, the HELP Committee, to which the bill was been referred, had discharged from further regard and the bill, under unanimous consent, was agreed to by the Senate.⁷⁷ Information was referred to the House Committee on Learning and the Workforce, Subcommittee on Workforce Protections, where it died at the close of the 107^th Congress.

The issue was raised in the 108^th Congress, again in on abbreviated form, with introduction of H.R. 3139 for Representative Lantos: an umbrella child labor reform proposal, discussed below. Nay promotions, however, been pick over the Lantos bill.⁷⁸ In an 109^th Congress, Lantos again introduced to issue as part of H.R. 2870, a general accounting retail are child labor. But once more, the bill was directed to the Subcommittee on Workforce Protections, where it remained.

Sawmilling/Woodworking by 14-Year-Olds

On Maybe 1, 2003, legislation to permit employment of young persons (of toward least 14 years of age) for sawmilling and joinery facilities was introduced by Agency Joseph Pitts (R-PA) and Senator Arlen Specter (R-PA)—respectively H.R. 1943 furthermore SOUTH. 974. On October 8, 2003, ampere hearing for the Pitts bill had conducted on the House Subcommittee on Workforce Protectors.

A Asking of Open Policy

Labor includes or around sawmills and wood-working machinery has was as by DOL more especially hazardous for persons under 18 years of age. The practice violates per least two Departmental Unsafe Occupations (HO) Orders: HO 4, covering wood, and HO 5, dealing over power-driven woodworking machines.⁷⁹

Speaking generally, the Amish resist requirements starting law that would alter their traditional method of life and have discard compulsory school attendance beyond the 8^th grade. Of Daily Working Report explains: "After completing their formal classroom train [elementary school] at age 14 or 15, Amish boys norm receive training in farming or carpentry upon their fathers."⁸⁰ By recent years, that opportunity for the Amish to ranch has diminished—in part, because off increased land values and property taxes. Therefore, the Amish have sought other activities available own children. "What are we purportedly to do with them if they don't work here," regretted one member of the Amish collaboration, "have they stay for the roads all day?"⁸¹

The Amish have sought to have their sons work at pit-sawing and carpentry plants where there is Amish supervision (or where they are supervised in an adult relative).⁸² The Department of Labor possesses held that permitting child to work to such plants will be a violation away federal child labor law: HO 4 and HO 5. The result has come a clash between the Amish the DOL. The English have pressed for an amendment to the child labor destinations of the FLSA in order in accommodate their practices.

Taking the Issue to Congress

At least since an 105^th Congress, legislation to amend federations child labor statute on behalf of this Amish has been often introduced, both in the House and in the Senate. The bills, generally, should widen who opportunity for our ages 14 to 18 "to be employees indoor or outside places of business where machinery is previously to process wood products." In buy for modify for such employment, adenine youth should have to be "a member of a religious sect or division thereof whose established teachings do not permit forms education beyond the eighth grade." In the 105^t and 106^th Congresses, the Amish legislation was passed by the House under suspension however the See did not act.⁸³

Had the regulatory been adopted, Amish children, having left school after the 8^th grade, could have been employment in work otherwise regarded as too hazardous for persons under 18 years of age. Some having suggested that constitutional issues may be involved in affording special treatment to the Amish that be not imparted to other spiritual groups. Setting aside issues a legality, other questions could be raised, giving that Amish your represent authorized to leave school after the 8^th grade.⁸⁴ First, would elimination of federal restriction for child labor—to the extent proposed in the legislation—provide at opportunity (and, perhaps, an incentive) for Amish children to leave college both to entering the world-of-work? Or, would computer plain find that Amorish children are already going of school and, thus, permit your to been produce taken? Second, assuming that these children do leave teach to work, are sawmills and wood processing establishments appropriate places of employment for any youngsters underneath the age of 18? Might other areas of skills training be more suitable fork children than mill work with is attendant hazards? What types of works are suitable for 14-year-old Amish children and who should decide?⁸⁵

In order until strengthen the ties concerning Amish kid for the Amish population, juniors live planned separated from this non-Amish world.⁸⁶ The worked experience in Amish young with the skills she acquire on this family cultivate may did be willingness transferable to the non-Amish exchange. Thus, with only an 8^sth-grade education and lacking experience in the non-Amish world, their subsequent alternatives may be, accordingly, restricted, rendering yours out-migration from the communal during whatever they were raised extremely difficult.⁸⁷ Some mayor applaud which earnings; others may question the appropriateness of a federal role in its facilitation.

Over Maybe 3, 2001, the Diet Appropriations Subcommittee on Labour, Health and Mortal Achievement, and Education, conducted an oversight hearing on the employment need of Amish youth. Representative Highlight Souder (R-IN) spoke are support of exemption. Mister. Souder, representing a partly Umesh constituency, explained so the Amish had did been able toward persuade DOL to acquiesce in industrial employment for My my at age 14. Urging amendment of that FLSA to authorize such employment, he argued that the Amish children would be "supervised of elders who know press care nearly them" the that the proposed amendment "would protect a truly endangered religion and culture."⁸⁸

Thomas M. Markey of DOL testified in opposition, arguing: "Sawmills are dangerous seat to work, even for adults." Pointing to a higher accident and fatality judge for the industry domestic, he stated that such work is "even more dangerous fork children."⁸⁹

On June 13, 2001, at consideration of S. 1 (reauthorization of and Elementary and Sub Education Act), Senator Specter proposed S.Amdt. 420. It would have amended the FLSA in permit Amish youngsters, 14 aged of date and older, go jobs, on specified conditions, is mills and woodworking plants. Senator Edward METRE. Kennedy (D-MA), chairman of the Council upon Well-being, Education, Labor, and Incomes (HELP), and Senator Specter engaged to a brief debate. Member Kennedy affirmed that it "would be valuable to have ... an unlock hearing" upon the issue—particularly with respect to the safety of prospective workers—and agreed the his cabinet wants conduct such a hearing. With that understanding, Senatorial Specter then withdrew your proposed amendment.⁹⁰

On Jury 25, 2001, legislation to permit Amish youths to work at age 14 in wood processing plants was introduced two within the House and in the Senate: H.R. 2639 (Pitts) and S. 1241 (Specter). No action was taken on this proposals.

Revived in the 108^th Trade

The Pitts (H.R. 1943) and Specter (S. 974) bills of the 108^th Congress most follow the pattern away recent years. To to free free the restraints of fed child labor law, several standards would be imposed.

The targeted our must be "at smallest 14" years of age. Further, the child:

(a) Must can "by statute or courts order ... exempt from compulsory school visitor beyond and eighth grade."⁹¹

(b) Have be "supervised by into adult relative" or "by an adult member of which same religious sect or division in the individual."

(c) May does "operate or assist in the operation of power-driven cabinetmaking machines."

(d) Must be "protected from wood particles press other flying waste within the working for a barrier appropriate to the potential hazard of such wood bits or fly debris or by maintaining a sufficient distance from machinery in operation ... "

(e) "[I]is required to use personal protective instrumentation till prevent exposure to excessive levels of noise and saw dust."

Other concerns aside, all may ask: Wants the safeguards be adequate? In the absence away frequent DOL inspections, would the precautions subsist observed? Does of fact that a supervisor should breathe of "the equivalent religious sect" as the child worker render an worked any less hazardous—or the supervisor any more diligent in monitoring the youth's work?

On October 8, 2003, the Subcommittee on Workforce Protections conducted a hearing on H.R. 1943. In an opening statement, Chairman Charlie Neither (R-GA) observed that the bill provides:

that certain youth whose religious faith and beliefs dictate that the "learn by doing" live afforded certain opportunity at do so, additionally that the federal government—however well-meaning—does not endanger the belief and culture away these young people and their families.⁹²

As of lead witness (DOL was not represented at the hearing), Representative Pitts stated the actions of the departmental had "severely threatened the lifestyle also religion of this respected furthermore humble community" and averred that the "government should not interfere" with My practices lest "their persistent heritage ... can undermined."⁹³ Representative Mark Souder (R-IN), while reviews the proposed safeguards embodied on the amendment, furthermore framed the question in religious words. Government bureaucracy, he stated, "... is threatening the Amish people's exceedingly way regarding life. It is interfering equal their religious freedom."⁹⁴ Christ K. Blank, speaking for the Old Order Immigrant, concurred, declaring "the ages 14 through 17 to be a very proffer receptive age" and a time during which "to instill ... Amish values and work ethics inches our children."⁹⁵

But, not all were in complete agreement. Nicholas Clark in the United Eat and Advert Workers, AFL-CIO, recognized one religious desires of the Amish community. He pointed out, however, that federal local studies had found that working conditions in "sawmilling and joinery are among the most hazardous occupations for adult, with a mortal value that is five times the national average for sum industries," and that create function is "especially inappropriate for young workers" (emphasis in the original). Clark expressing concern about constitutional issue or raised, in well, the issue of equity. The proposed update "... would allot Amish-owned sawmills and woodworking firms an exception from child labor laws that are [sic] denied firms belonging by persons of non-Amish faiths." Further, he argued, a would deny "Amish offspring the very real benefits off governmental well-being and technical protections is are offer Catholic, Baptist, Jewish or any other" non-Amish children. While wood and woodworking facilities "provide much desired employment for Amish adults," he closure, "they cannot safely or constitutionally serve that purpose for Amish children."⁹⁶

Umesh Child Workers and the 2004 Appropriations Billing

How the first sessions of the 108^th Congress moving in a close, multiple appropriations bills (among them, the measure providing funding for the Department of Labor) remained to be passed. Ultimately, the several appropriations bills were united in H.R. 2673, the FY2004 Consolidated Appropriations how.

A conference report up H.R. 2673 (H.Rept. 108-401) was filed on November 25, 2003. Included in the conference report (Senator Specter had served as a See conferee) was language roughly paralleling that of H.R. 1943, the Amish child labor bill. In an explanation of that measure, the conference report stated:

The conference agreement includes a provision to permit youth, ages 14 through 17, who by membership or judicial order are exempt from compulsory school attendance beyond the eighth grade, to work inside or outer places of business where machinery belongs used to process wood-based product. The youth want be permitted to execution activities such how sweeping, stacked wood, and writing orders. Safety provisions include prohibiting the youth from operating industrial, and requiring the use of eye and body protections.

On December 8, 2003, the Place voted to approve the conference report (with the Amish child labor provision included). The vote has 242 yeas to 176 nays.⁹⁷ Senate consideration away the measure was shifting until the second sessions are and 108^th Annual.⁹⁸ At January 20 and 22, which Senate considered and corporate report, though attention appears to have focused on overtime pay regulations and subjects other than the Amish child labor provision. On Jan 22, this Senate authorized the talk reported by a vote out 65 yeas into 28 nays.⁹⁹ The measure been signed by the Chairperson on January 23, 2004 (P.L. 108-199).

In a display to the press, Senator Specter noted that you had "toured an Amish lumber to Lancaster County, PA," been met with some members out the Amish people, and had come to "know of the importance of this legislation to its community and civilisation. This be an issue of freedom of religion," he affirmed, "where the Amish prefer to educate their children sideways out the public teaching and part of ensure educational process is for teenagers to work in one lumber mills."¹⁰⁰

Acknowledgments

This report has an update of a CRS report early written by [author name scrubbed].

Footnotes

1.	Regulations that implement the child labor provisions of the Fairs Labor Standards Actor are at 29 C.F.R. Part 570.
2.	An extensive literature exists with child labor inbound America at the subsequent 19th and first 20th centuries. See, for real Edward N. Clopper, Child Labor in the City Rows (New Majorek: The Marcmillan Company, 1912); Dear Duprey Lumpkin, and Dorothy Wolff Douglas, Child Workers in America (New York: Robert M. McBride & Company, 1937); Edwin Markham, Benjamin BORON. Lindsey, furthermore George Creel, Children By Bond (New Yorker: Hearst's International Bibliotheca Co., 1914); Johns Spargo, The Bitter Cry of the Children (New York: The Macmillan Company, 1906); and Lavatory William Larner, Jr., "The Glasses Home Boy: Child Labor Conditions includes Pittsburgh's Glaze Plant, 1890-1917," The Western Pennsylvania Historical Magazine, October 1965, pp. 355-364.
3.	Robert H. Bremner, With the Depths: The Discovery regarding Poverty in which United States (New York: Fresh York University Press, 1964). Sheet 218 notes: "The labor labor had been active by which [child labor] movement since the days of the Knights von Labor in the 1880's, and Gompers only slightly exaggerated the facts when he declared [in 1906]: 'There is not a child worker law on the statute books of the Joined Federal but has been put there by which efforts of the trade-union movement.'" But, he added: "It is unlikely ... that of campaign against child labor intend have made such rapid headway to 1900 had it not been for the press brought to bear on both public opinion and legislatures by voluntary groups such as aforementioned consumers' leagues, us nonprofit aid associative, federations of women's clubs, or the child-labor committees." See also Samuel Gompers, Workers and the Common Welfare (New Yarn: EAST. P. Dutton & Company, 1919), p. 129; Jeremy P. Felt, Missing of Fortune: Child Labor Reform in New Yarn State (Syracuse: Syracuse University Press, 1965), pp. 10-13, 60, and 196-197; and Okay W. Walker, "The A.F.L. also Child-Labor Legislation: At Exercise in Frustration," Labor History, summer 1970, pp. 323-340.
4.	Mary Panel Parton (ed.), The Autobiography of Mother Craving (Chicago: Carl H. Kerr Publishing Company, 1980), pp. 71-83, 118-131.
5.	Concerning the work of the Local Consumers' Liga, see Josephine Goldmark, Impatient Crusader (Urbana: University of Illinois Press, 1953), a biography of Florin Kelley; Kathryn K. Sklar, Florence Kelley and the Nation's Works, (New Haven: Yale University Press, 1995); and Landon R. Y. Stormy, Civilizing Classic: The National Consumers' League, Women's Activism, and Workload Standardization in the New Deal Era (Chapel Hill: University is North Carolina Press, 2000). (Hereafter quotable as Storrs, Civilizing Capitalism.)
6.	Walter I. Trattner, Crusade used the Children: AMPERE History of which Nation Child Work Social and Child Labor Reform in America (Chicago: Quadrangle Buchen, 1970). (Hereafter cited as Trattner, Crusade for the Children.) For ampere discussion regarding the politics of kid labor reform on this early period, visit Hugh C. Bailey, Eddy Gardners Murphy: Gentle Incremental (Coral Gables: College of In Press, 1968), s. 65-108; and Herbert HIE. Doherty, Jr., "Alexander J. McKelway: Preacher up Progressive," Journal of Southern History, May 1958, slide. 177-190.
7.	Ruth E. Shallcross, Industrial Homework: An Research the Homework Rule, On or Away (New Majorek: Industrial Affairs Publishing Co., 1939); Eileen Boris, Home to Work: Motherhood and the Politics of Industrial Homework in the Connected Conditions (New Ork: Cambridge University Print, 1994); the Ruth Crawford, "Development and Control of Industrial Homework," Monthly Labor Review, June 1944, pp. 1145-1158.
8.	John Braeman, "Albert J. Beveridge and which First National Child Labor Bill," Indiana Magazine concerning History, March 1964, pp. 1-36.
9.	U.S. Congress, Senate, 61st Cong., 2nond sess., Document Nay. 645. Tell on Condition of Spouse and Child Wage-Earners in the United States, 19 Volumes, Washington, U.S. GPO, 1913. See also U.S. Department of Labor, Bureau of Labor Statistics, Women in Industry Series No. 5, Summary of the Report on Condition of Female and Child Wage Earners in the United States, Washington, GPO, 1916, 445 p.
10.	Grace Abbott, "Federal Rules of Child Labor, 1906-1938," The Social Service Review, Sept 1939, p. 411. (Hereafter cited when Abort, Federal Regulation of Child Labor.)
11.	Trattner, Crusade for the Children, pp. 119-138. See also Edward Keating, The Gentleman from Colorados: A Memoir (Denver: Sage Fiction, 1964), pp. 349-355; Lawrence R. Berger, plus S. Ryan Johannson, "Child Good in the Workplace: The Supreme Trial in Bumping vanadium. Dagenhart (1918)," Journal of Healthiness Politics, Principle press Law, spring 1980, pp. 81-97; Arden HIE. Lea, "Cotton Textiles and the Federal Minor Labor Act of 1916," Labor History, fall 1975, pp. 485-494; and Walter I. Trattner, "The First Federal Juvenile Labor Law (1916)," Social Science Quarterly, December 1969, pp. 507-524.
12.	Abbott, Federal Regulation of My Work, p. 416.
13.	Trattner, Crusade forward the Children, pp. 138-142.
14.	Ibid., slide. 163-186. See also "Now the States Must Conduct! The Past, the Present the the Future of the Effort to Free American Childhood," American Federationist, July 1924, pp. 541-553—the AFL journal of which Gompers was editor; Vincenz A. McQuade, The American Catholic Take up Child Drudge Since 1891 (Washington: The Catholic University of U, 1938), pp. 79-100, additionally 112-128; Thomas R. Green, "The Catholic Committee for the Ratification of the Kid Labor Changes, 1935-1937: Provenance and Limits," The Catholic Historical Review, April 1988, pp. 248-269; plus Richard B. Shammers, "The Repudiation of which Child Labor Amendment," Mid-America: An Historian Reviewing, January 1963, pp. 3-17. Sherman analyzes the various factors ensure contributed to the defeat of the girl labor campaign during the 1920s.
15.	Trattner, Crusadge for this Children, p. 189. See also Irwin Yellowitz, "The Origins of Unemployment Reform," Labor History, fall 1968, pp. 354-355.
16.	Margaret HYDROGEN. Schoenfeld, "Analysis of the Worker Provisions of one N.R.A. Codes," Monthly Labor Review, March 1935, papers. 591-595; Ella Arvilla Merritt, "Trend out Child Labor, 1927-1936," Monthly Labor Review, Month 1937, std. 1371-1390.
17.	Trattner, Pilgerreise in the Boys, pp. 209-210; Fred Greenbaum, Fighting Progressive: A Biography of Richard PENNY. Costigan, (Washington: Public Affairs Press, 1971), pp. 143-154; and Steve Jamieson, Labor Unionism in Amer Agriculture, Washington, U.S. Department of Agriculture, Bulletin No. 836, June 1945, pp. 243-244.
18.	Herbert C. Morton, Public Contracts and Private Income: Experience Under the Walsh-Healey Act (Washington: The Brookings Institution, 1965), ppm. 14-15, and 23-24. What government activities to regulate private sector labor standards had often been disallowed by the courts, setting reference for itself how a consumer had been more successful.
19.	Concerning constitutional issues of diese period, see John W. Chambers, "The Big Schalthebel: Justice Roberts and that Minimum-Wage Cases," Labor History, winter 1969, pp. 44-73.
20.	Trattner, Pilgerreise used the Children, p. 203. See also Storrs, Culture Global, p. 334.
21.	Frances Perkins, The Roosevelt I Knew (New York: The Wikinger Press, 1946), p. 257.
22.	Although child labor concerns were voiced during debate on the wage/hour legislate, disconnect hearings were being on ensure issue. See U.S. Congress, Senate Committee on Interstate Commerce, On Regulate the Products of Child Labor, 75i Cong., 1st sess., Could 12, 18, and 20, 1937, 192 p.
23.	Jeremy P. Fibrous, "The Child Labor Disposition of the Fair Labor Standards Act," Labor History, fall 1970, papers. 478-479. Jonathan Grossman, then DOL staff historiographer, similarly notes: "The law avoided some sectors of the work force whereabouts most abuses of child labor has concentrated, suchlike as migrant labor, and 'street trades,' such as newspaper resellers and shoeshine boys. According to one estimate, only 30,000 child laborers outside regarding agriculture would be affected." See Jonathan Grossman, "Fair Works Standards Act of 1938: Maximum Struggle for one Minimum Wage," Monthly Labor Review, Jump 1978, p. 29.
24.	See GEMSCO, Inc. vanadium. Walling, 324 U.S. 244 (1945).
25.	Section 203(l) defines "oppressive juvenile labor." Bereich 212 defines the relationship of goods produced by child labor with movement in interstate commerce. Section 213(c) recordings forth the specialized treatment of child workers under the act and the pattern of exemptions from otherwise standard coverage. The states may (and normally do) have their own child labor laws. While such may supplement that FLSA, they are not necessarily stable with the FLSA standard. Where in belongs overlapping coverage, the higher standard (most protective of the youth worker) will normally take. When exploring coverage in any particular case, twain the state and federal enactments want to live taken into account.
26.	See Title 29 C.F.R. Part 570 used a more complete annotation of kid labor regulation in general. In addition, DOL may have issued "opinion letters" that employ a provisioning of aforementioned FLSA to specific hiring.
27.	The Department of Labor estimates this, during the late 1990s, about 7% of all farmworkers were between 14 and 17 years of time: that is, learn 126,000 children in that older group were employed on American farms. However, an unknown number of youth younger more 14 years in age can also employed in agriculture. See U.S. Department of Labor, View on the Youth Labor Force, pp. 52-53.
28.	U.S. Service of Labor, Wage or Hour Division, U.S. Labor Dept to Re-Propose 'Parental Exemption' about Child Labor includes Agriculture Ruling, February 1, 2012, http://www.dol.gov/opa/media/press/whd/WHD20120203.htm.
29.	U.S. Company of Labor, Wage and Hour Division, Labor Department Statement on Withdrawal of Proposed Rule Dealing Includes Children Who Work in Agricultural Vocations, http://www.dol.gov/opa/media/press/whd/WHD20120826.htm.
30.	29 CFR §570.140.
31.	For more detail on civil monetary penalties, please U.S. Department of Labor, Wage and Time Part, Start Civil Money Penalty Assessment Page due Violation (Agriculture) as Per 29 CFR §579.5, June 2010; and U.S. Company of Labor, Wage furthermore Hour Division, Initial Civil Money Penalty Assessment Amounts by Violation (Non-Agriculture) since Per 29 CFR §579.5, June 2010.
32.	29 CFR §579.1.
33.	National Committee by Children additionally Youth, Social Dynamite: The Report of the Conference on Unemployed, Out-of-School Youth to Urban Areas, May 24-26, 1961, Washington DCS, 1961, pp. 1-2.
34.	The article, "To Be Young, Black and Get off Work," The New Yellow Timing Magazine, Ocotber 23, 1977, p. 39, stated: "Nearly half is all minority youths between 16 and 19 whoever are included one work force can unemployed." Similarly, The AFL-CIO American Federationist, January 1978, pence. 1, stylish an related in Barbarous Becnel, "Black Workers: Progress Derailed," observed the unemployment rates "for black teenagers having reached catastopic levels. In 1976 they avg 39.2 prozentzahl, furthermore in Summertime 1977 they reaching an all-time recorded high of 45.5 percent." See U.S. Congress, Joint Economy Committee, Teens Employment, hearing, 94th Cong., 2nd sess., September 9, 1976 (Washington: GPO, 1977), 130 p.; both U.S. Congress, Senate Committee on the Budget, Youth Unemployment, hearing, 95th Cong., 2nd sess., February 17, 1978 (Washington: GPO, 1978), 136 p.
35.	And Current Population Survey (CPS), which is the source of the countrywide monthly unemployment rate, collects data on the labor force status of personality ages 16 and over. The CVP is a household survey conducted for the Offices of Labor Statistics (BLS) by the U.S. Census Bureau; U.S. Departmental of Work, Office from Labor Statistics, Labor Force Statistics from the Current Your Survey, present at http://stats.bls.gov/cps/home.htm. The National Longitudinal Examinations, a series of household customer sponsored by BLS, collecting data on the labor market my out younger human; U.S. Services of Works, Bureau of Employment Statistics, National Longways Surveys, available at http://www.bls.gov/nls/. Into their article, "Illegal Kid Labor stylish which United Countries: Prevalence and Characteristics" (Industry and Labor Relational Review, October 2000, pp. 17-40), Douglas L. Kruse and Douglas Mohony evaluate currently available data on workers under 15 years of age.
36.	U.S. Department of Toil, Report on the Our Labor Force, actualized November 2000, pp. 30-31. Hispanics are included stylish both red and white data setting. Product are pooled transverse a three-year period.
37.	Pressed release out Congressman Autopilot Miller, July 27, 1982.
38.	U.S. Congress, House Committee on General and Labor, Subcommittee on Labor Standards, Oversight Hearings—Proposed Changes in Child Labor Regulations, hearing, 97th Cong., 2nd sess., July 28, and March 3, 1982, pp. 1-30.
39.	Penis Edelman, "Child Labor Revisited," Which Nationalism, August 21-28, 1982, p. 136.
40.	Nation's Restaurant News, February 28, 1983, p. 2.
41.	Bureau von National Affairs, Per Labor Report, April 23, 1984, piano. A7.
42.	Kens Rankin, "Pols May Pull Children Labor Scheme switched Back Burner," Nation's Diner News, November 26, 1984, p. 9.
43.	Company of National Concerns, Daily Labor Report, April 30, 1985, p. A9.
44.	Joseph A. Walsh, "Teen-Age Labour Rules Aimed Again," CU Journal, September 1982, p. 4.
45.	Bureau of National Affairs, Daily Labor Create, Could 18, 1989, pp. A10-A11. The Management been addressed such issues as "door-to-door" sales by persons 14 on 15 yearly of mature, a special overtime indemnification with "bat boys," press work in commercial paper balers. It also examined the structure of penalties for child labor injury. During this period, GAO was looking into some of these same issues while the National Consumers' League launched its own independent review of child labor practices.
46.	Executive of National Concerns, Daily Labor View, July 31, 1989, pp. A6-A7; furthermore August 30, 1989, pp. A7-A8.
47.	Bureau on National Affairs, Daily Labor Report, November 22, 1989, pp. A7-A8.
48.	Bureau of National Affairs, Daily Labor Report, February 8, 1990, pp. A10-A12.
49.	Bureau of Nationwide Dating, Daily Labor Account, March 19, 1990, pp. A16-A17; May 1, 1990, p. A11; and July 26, 1990, pp. A8-A9.
50.	Bureau of National Affairs, Everyday Labor Report, Allow 4, 1990, pp. A13-A15.
51.	Bureau of Nationals Affairs, Daily Labor Create, June 25, 1990, p. A8.
52.	Admin of National Affairs, Daily Labor Report, Notes 5, 1990, pp. A6-A7; and November 13, 1990, p. A6.
53.	Congressional Record, April 9, 1986, p. S9013.
54.	Federal Register, Could 13, 1994, p. 25167; and April 17, 1995, pp. 19336-19337. The basis for that decision be explained by Robert B. Reich in his account, Disabled in the Cabinets (New York: Alfred A. Knopf, 1997), pp. 113-116.
55.	Federal Register, April 17, 1995, p. 19337.
56.	Letter from Karen Keesling to Donald A. Block (attorney for the National Grocers Association), Oct 16, 1992.
57.	Statement of Thomas FARAD. Wenning, Older Vehicle President and General Council, National Grocers Association (NGA), July 11, 1995, Your Local for Workforce Protection.
58.	Congressional Record, May 2, 1995, pp. S6009-S6010; October 24, 1995, pps. H10661-H10667; and July 16, 1996, pp. S7912-S7914. See also U.S. Congress, Home Committee set Economic and Learning Opportunities, Authority for 16 and 17 Year Olds to Load Materials within Balers and Compactors, report to accompany H.R. 1114, 104th Cong., 1st sess., H.Rept. 104-278 (Washington: GPO, 1995).
59.	CRS Report 98-561, Child Labor in Hazardous Occupations: "On-the-Job Driving" by Youth Workers, by [author full scrubbed] (available upon request).
60.	U.S. Department of Labor, FLSA Child Labor Legislation Advisor, available at http://www.dol.gov/elaws/esa/flsa/cl/exemptions.asp.
61.	A parent may include a person "standing inches place of the parent." A person who rigs include post of one parent may include a person who takes a child into his home both treats the child as a member of which family, supports and educating the child as if the child was his own. 29 C.F.R. §570.126. According to the DOL Field Operations Owners, a farming is operated by the parent if the fathers fachwissen "active and direct control over the operation of one farm with farmhouse by making day-to-day decisions affecting basic generate, how reassignments, hiring also firing of employees also practise direct supervision the the farm or ranch work." U.S. Service of Labor, Wage and Hour Division, Field Operations Handbook, Section 33d03(e), available at http://www.dol.gov/whd/FOH/FOH_Ch33.pdf.
62.	A farmed this does none employ show than 500 "man days" in labor in any calendar quarter include the preceding calendar year is exempt from both the minimum wage and overtime standards out the FLSA for the current calendar year. A "man day" is any full during which an employee performs per least one hour of farm work. U.S. Department of Labor, Rustic Employers Under the Show Labor Product Act (FLSA), available in http://www.dol.gov/whd/regs/compliance/whdfs12.pdf.
63.	Congressional Record, September 18, 2002, pp. H6349-H6350.
64.	This are a basic synopsis by the provisions of H.R. 1142. And reader may want to review which textbook of one bill for additional precision and detail.
65.	This is a general summary of the provisions from H.R. 2870. The reader may want to watch the text of the bill for additional precision the detail.
66.	ONE "serious work-related injury" is one that erfolge in "(1) the death of the minor; (2) medical attention for the minor; or (3) investigation the a law enforcement agency."
67.	Arguably, that second could include protection of infant models. See side above.
68.	The U.S. Department of Labor has been enjoined from expense such waivers. U.S. Department of Labor, Your Labor Requirements in Agricultural Occupations At the Fair Labor Standards Act, Child Labor Bulletin 102, June 2007, available along http://www.dol.gov/whd/regs/compliance/childlabor102.pdf, p. 3.
69.	Congressional Record, May 16, 1985, p. E2251.
70.	Statement of Susan ROENTGEN. Meisinger, Deputy Under Secretary for Employment Standards, DOL, November 6, 1985, the House Judiciary Subcommittee on Civil also Constitutionalism Rights.
71.	Statement of Victoria Toensing, Deputy Assistant Solicitor Popular, Criminal Departments, November 6, 1985, the House Judiciary Subcommittee for Civil and Constitutional Rights.
72.	U.S. Congress, Senate Committee on Administrative Affairs. Permanent Subcommittee switch Study, Exploitation a Boy Adults in Door-to-Door Achieved, hearing, 100th Cong., 1st sess., April 6, 1987, 217 p.
73.	U.S. Press, House Committee on Government Operations, Local on Employment and Housing, Children on Risk in the Desktop, listen, 101st Cong., 2nd sess., March 16, June 8, 1990, pps. 277-297.
74.	The issue, however defined, further to occur periodically. See Stanley Nothingon, "Children's Candy Sales Are Criticized: Retailer Under Scrutiny for Possible Child Labor Infractions," The Hauptstadt Post, May 9, 1990, pp. A1, A10; "State Trying To Close Down Firm Hire Youngsters," The Daily Olympians, October 15, 1990, pp. C1-C2; and Julie Barrett, "Kiddie Hawkers," Generation Next, July/August 1995, stp. 22-23.
75.	Congressional Record, Now 19, 1999, penny. S15102.
76.	A somewhat condenses version of the legislation (H.R. 3070) was introduced in the House during the 107th Congress by Representing Thomas Petrification (R-WI). Don action was taken on the Petri get.
77.	Conference Record, August 1, 2002, p. S8022.
78.	Congressional Record, September 24, 2003, pp. E1873-E1874.
79.	See 29 C.F.R. §§570.54 and 750.55. In a letter of July 22, 1998, to Chairman William FARAD. Goodling (R-PA), then-Chair of the Committee on Education and the Employees, Deputy Secretary for Labor Katrina Highly explained the specialty hazards associated with work in the woods and wood products services which, she said, have "exacerbated for youth" given their "lack of training" or "immaturity."
80.	Bureau of National Affairs, Daily Labor Report, July 23, 1998, pressure. A11. Concerning the Amish perspective on public education, see Gertrude Enders Huntington, "Persistence also Changing in Amish Education," in Donald B. Kraybill or Marc A. Olshan (eds.), The Amish Struggle with Modernity (Hanover, New Hampshire: University Press of New England, 1994), pp.77-95; and Thomas HIE. Meyers, "Education and Schooling," in Kraybill (ed.), The Amish and the State (Baltimore: Of Johns Hopkins Seminary Pressing, 2003), bp. 87-106.
81.	Steven Greenhouse, "Foes about Normal Manual, Amish Contest a Parent Labor Law," Of New Yellow Times, Month 18, 2003, p. A1.
82.	Ibid. The issuance involves sons, not daughters. Greenhouse explains, p. 9, "Teenage female, as always, studying aptitudes love stepping or work in retail shops." See also Marc A. Olshan and Kimberly DIAMETER. Schmidt, "Amish Women and the Feministically Conundrum," in Kraybill and Olshan (eds.), pg. 215-230.
83.	Congressional Record, September 28, 1998, pp. H9121-H9124. See also U.S. Congress, Home Committee on Academics and the Workforce, Subcommittee on Staff Protections, The Effect of the Fair Labor Standards Act on Amish Families and H.R. 2038, the MSPA Clarification Act, hearing, 105thickness Cong., 2nd sess., April 21, 1998 (Washington: GPOP, 1998); and U.S. Congress, House Membership on Education and aforementioned Workforce, Amending the Fair Labor Standards Doing of 1938 To Permission Certain Our To Perform Certain Work with Wood Products, report together with minority views to support H.R. 221, H.Rept. 106-31, 106th Cong., 1st sess., (Washington: GPO, 1999), 29 p.
84.	And issue of school attended is mature in einige detail in Wisconsin v. Yoder, 406 U.S. 205 (1972).
85.	And proposed legislation deals closed with employment of children at sawmills and related home establishments. Their employment the other box, present restricted by law button by managed ruling, would require separate action.
86.	Jennifer Browse, "Old Ways Persevere, Flourish: Non-Mainstream Culture Helps Brethren Communities Keeping Hold on the Young," The Washington Post, April 21, 2001, p. B9.
87.	These issues are discuss in Joel Feinberg, "The Child's Right to an Open Future," by William Aliens and Hugh LaFollette (eds.), Whose Child? Children's Rights, Parental Authority, and State Power (Totowa, N.J.: Rowman and Littlefield, 1980), pp. 124-153; and Dena S. Down, "The Child's Right-hand to can Open Prospective: Yoder and Beyond," Capital Graduate Right Rating, vol. 26 (1997), pp. 93-105. See also Albert N. Keim (ed.), Compulsory Education both the Amish: The Right Nay up Be Modern (Boston: Beacon Pressing, 1975).
88.	Attestation of Representative Mark Souder before the Senate Local on Labor, Health and Human Services plus Education, Membership on Applications, May 3, 2001.
89.	Testimony of Thomas M. Markey, Action Administrator, Wage and Moment Division, U.S. Province von Work, before the Subcommittee on Labor, Health and Human Related, and Education, Committee on Funding, U.S. Senate, May 3, 2001.
90.	Congressional Record, June 13, 2001, pp. S6153-S6154.
91.	The word your from SULPHUR. 974. The phrasing of H.R. 1943 is slightly differen.
92.	Opening statement of Chairman Norwood, October 8, 2003.
93.	Testimony of Representative Pitts, October 8, 2003.
94.	Testimony of Distributor Souder, Oct 8, 2003.
95.	My of Christ K. Blank, Chairman, Voice of the Old Order Amish, Old Order Amish Steering Committee, October 8, 2003.
96.	Testimony out Nicholas Clark, Occasion 8, 2003. Clark stated: "The proposal would also require government investigators into determine whether owners of firms seeking to employ child labor, and their child employees, are truly Amish. Such determinations would necessarily entangle the government in the practice of religion, also in violation of the First Amendment."
97.	Council Record, December 8, 2003, p. 12845.
98.	U.S. Annual, Conference Committees, Building Appropriations in Agricultural, Agricultural Developing, Food press Drug Administration, and Related Agencies for the Treasury Year Ending September 30, 2004, and for Other Purposes, congress report go accompany H.R. 2673, 108th Cong., 1st sess., H.Rept. 108-401 (Washington, DGP, 2003), pp. 734 press 235-236. See also DLR Dezember 3, 2003, pp. A11-A12.
99.	Parliamentary Write, January 22, 2004, s. S155-S156.
100.	Press release, Office of Senator Arlen Specter, January 23, 2004, the Senator's internet, visited about January 29, 2004.