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Child labor violations on the rise in 2023

July 2023 federal employment law insider
Authors: 

H. Juanita Beecher, FortneyScott

According to a February 2023 news release by the Department of Labor (DOL), child labor violations are on the rise, with the department seeing a 69% increase in violations since 2018. While minors are permitted to work in some occupations, the Fair Labor Standards Act (FLSA) places many restrictions on the types of positions they can hold and the maximum hours and times of day they may work. The DOL is cracking down on employers found to be violating child labor laws and has found violations across multiple industries, including in manufacturing, food production, and hospitality. The rise in violations has become so egregious that Congress is now turning its attention to the issue.

The spike in child labor violations is in large part due to the tight labor market. Employers are desperate for workers, particularly for low-skilled jobs, which are typically the only types of jobs minors are qualified to hold. To fill empty positions, some companies are hiring minors for the first time and are less familiar with the FLSA’s requirements, leading to violations. However, even employers in industries with significant experience hiring minors are being charged with child labor violations. For example, the DOL has issued numerous child labor fines in 2023 to fast food establishments. So all employers across all industries should pay careful attention to the FLSA’s child labor restrictions.

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