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The Child Labor Protection Act of 2022 Seeks to Increase Penalties for Violations of Federal Regulations.pdf (71.72 kB)

The Child Labor Protection Act of 2022 Seeks to Increase Penalties for Violations of Federal Regulations

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posted on 2023-07-28, 18:32 authored by Nandana Kumar

The US House of Representatives recently introduced a bipartisan bill to increase penalties for child labor violations. The Child Labor Protection Act of 2022 is expected to enhance current federal regulations by fixing gaps and guaranteeing that businesses are held accountable for abusing children. The Fair Labor Standards Act, which now establishes minimum wages, overtime compensation, and child labor rules for employees in the US, would be modified by the proposed law. Regardless of whether they participate in interstate trade, the measure aims to broaden the reach of the legislation to include all industries. This would assist in closing a loophole that has permitted some businesses to operate only within one state in order to avoid regulation.

Penalties for breaking child labor rules would be increased under the Child Labor Protection Act. Presently, a first-time infraction carries a “$11,000 maximum fine”. The proposed measure would double this to “$50,000 and impose even harsher penalties” for repeat violations [1]. Also, the Act would make it simpler for the government to enforce the law by enabling the US Department of Labor to file civil lawsuits against businesses that disobey child labor rules.

Several advocacy organizations, including the National Consumers League and the International Labor Rights Forum, support the bill. These organizations contend that the current regulations against child labor are insufficient to shield kids from exploitation and abuse at employment. They cite contemporary instances of child labor abuses, such as the employment of children in Bangladesh and other nations to produce garments. Aside from advocacy organizations, lawmakers on both sides of the aisle have backed the plan. The bill’s co-sponsors are Representatives Vern Buchanan, a Republican from Florida, and Rosa DeLauro, a Democrat from Connecticut. Both have underlined the significance of safeguarding kids from exploitation and making sure businesses are held responsible for their conduct.

Legal Precedent: This circumstance can be compared to the Supreme Court case of Hammer v. Dagenhart (1918), which struck down federal legislation forbidding the transportation of goods made with child labor [2]. The law, according to the court’s decision in the case, violated the states’ constitutional authority to control commerce inside their boundaries. However, the Fair Labor Standards Act, which contained protections against child work, was ultimately passed by Congress in 1941, overturning this ruling [3]. This case serves as an example of the historical difficulties in regulating child labor and the significance of strict federal regulations to safeguard kids from abuse and exploitation at work. By toughening penalties and addressing loopholes, the proposed Child Labor Protection Act of 2022 seeks to prevent circumstances like those that gave rise to the Hammer v. Dagenhart ruling.

Nonetheless, there is some debate about the proposed legislation. The bill’s detractors contend that it would be burdensome for small businesses, who may find it difficult to adhere to new rules and would be subject to harsher fines if they made mistakes. Some claim that since most businesses are already covered by regulations that forbid child labor, the bill may not even be necessary.

Despite these criticisms, numerous groups and individuals have come out in favor of the Child Labor Protection Act. The bill is viewed as a crucial step in preventing the exploitation of children and ensuring that businesses are held responsible for their conduct. Republican congresswoman Nancy Maco of South Carolina even noted that “children should be in school, not factories with dangerous working conditions,” [4]. If the bill is approved, it will be a significant win for those who fight for the rights of children in the workplace and a symbol of renewed dedication to safeguarding weaker workers domestically and abroad.

Overall, the proposed Child Labor Protection Act of 2022 seeks to strengthen penalties for violators of child labor regulations and fill gaps in current federal legislation. Several organizations and lawmakers that believe it is important to safeguard kids from exploitation and abuse at work support the bill. The Act is viewed as a significant step forward in protecting vulnerable workers and ensuring that firms are held accountable for their conduct, despite some opponents’ concerns about the possible impact on small enterprises. It will be crucial to keep track of the bill’s development and gauge any potential effects it may have on both businesses and workers.



American University (Washington, D.C.); Juris Mentem Law Review


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