About Federal Laws on Child Labor

Most states in the U.S. have child labor laws, but since 1938, there have also been federal laws in place to protect children. State laws in some cases may be more or less protective than federal laws. When a child is protected under both federal and state specific laws, the law which offers the most protection is the one which is legally applicable to that child's situation.

History

Child labor in the United States was first documented with slavery and child servitude. As the country grew and industrial positions became more common, factories began to hire children because owners often felt they were less difficult to manage, less expensive and less likely to go on strike. During this time, people in the North started to oppose child labor, which caused many factories to move to Southern states. In 1832, the New England Association of Farmers, Mechanics, and Other Workingmen formally stated that children's working hours should be limited in order to protect their health and well-being.

Significance

In 1836, Massachusetts passed a law that children under the age of 15 working in factories must attend school at least three months each year. In 1842, Massachusetts passed a law limiting children's work days to ten hours, followed by several other states. At this time, the law wasn't consistently enforced. In 1881, the American Federation of Labor made a public call to all states to pass laws which would ban employment of people under the age of 14.

Effects

The National Child Labor Committee was formed in 1904 and by 1916, laws were passed to prohibit the transportation of goods across state lines which were created by underage workers. Then, in 1924, Congress passed a law which would allow the federal government to regulate child labor, but too few states ratified the law and it didn't take effect (a second attempt failed in 1937). Subsequently, in 1936, a law successfully passed which disallowed the U.S. government from purchasing goods created by child labor. Finally, in 1938, the Fair Labor Standards Act was passed, allowing the federal government to regulate child labor, including enforcing the minimum age of employment and number of hours children were allowed to work.

Function

Today, child labor laws are monitored and enforced by the U.S. Department of Labor. These laws are still based on the Fair Labor Standards Act (FLSA), which intend to provide protection for the educational prospects and physical well being of American children. Child labor laws require that a child is at least 16 before being legally employed in most situations. Agricultural work is an exception as children may be employed on non-family farms by the age of 14. Plus, child labor laws state that children under the age of 18 (16 for farm work) are forbidden to do "particularly dangerous work." This might involve running dangerous equipment, working construction, or any other job which could potentially cause bodily harm to the child.

Misconceptions

Many people don't realize that there are certain exceptions which allow children under the legal age to work. For example, children ages 12 and 13 may obtain employment on a farm if their parents consent, or if the parent works on the same farm. Plus, 12 year olds may work on family farms or on "small farms with parental consent, so long as the "small farm" fits the definition set forth by the FLSA. Kids aged 10 and 11 may also assist with harvesting, but this is only permitted for up to 8 weeks per year. In all other industries, there are a few exceptions that might permit an underage child to work. First, the Secretary of Labor has determined that certain food service jobs (and gas station jobs) which will not interfere with a child's education may be obtained by children as young as 14. Plus, kids who work at home with their parents and kids who deliver newspapers aren't regulated by the FLSA. Finally, children who work in the entertainment industry (child actors and performers) are not protected by the FLSA.

Resources

• US Department of Labor on Child Labor Laws
• Child Labor Coalition in the US
• Full History of Child Labor in the US