An Amendment Overdue: Renewing the Push for Child Labor Protections

Since the establishment of the modern United States economy, a startling truth persists: children remain a fundamental, even indispensable, component of the American labor structure. Despite decades of labor reform, child labor remains deeply embedded in the fabric of the American economy. Investigators are increasingly finding children working in hazardous industries like agriculture and manufacturing, often enduring grueling schedules. [1] A widely reported U.S. Department of Labor (DOL) case involving Packers Sanitation Services highlights this troubling reality. The DOL discovered over 100 minors illegally employed in dangerous conditions at Packers’ meat processing facilities across eight states. [2] It should be noted that many of these minors lacked English fluency, though the DOL did not verify their immigration status. [3] While language barriers and potential immigration vulnerabilities may play a role, recent cases show that the child labor crisis cuts across a wide range of backgrounds. Between March and April 2024, the DOL reported seven cases of child labor violations across multiple states, including Tennessee (Greenville [4] and Crossville [5]), Vermont, [6] Alabama, [7] Ohio, [8] Utah, [9] and Northern Virginia. [10] These cases involve minors currently working in industries like food processing and construction, often in hazardous or exploitative conditions. Together, they underscore a national crisis that cuts across geography, industry, and legal status, one that calls for urgent, systemic action. 

Compounding this crisis, at least ten states between 2021 and 2023 introduced or passed legislation weakening child labor protections, such as Arkansas’ Youth Hiring Act and Kentucky’s House Bill 255. [11] These legislative rollbacks and the numerous violations weaken the Fair Labor Standards Act of 1938 (FLSA) including its provisions prohibiting oppressive child labor and requiring employers to maintain proof of age documentation. To effectively address this growing crisis, the United States must revisit and reintroduce the Child Labor Amendment into the national conversation. Reintroducing the Child Labor Amendment presents an opportunity for a revival and shaping of comprehensive national legislation that regulates exploitative child labor practices and offers a stronger framework for states to safeguard minors (irrespective of legal immigration status) from exploitation across the nation.

This current crisis echoes a long-standing historical pattern. In the late stages of American industrialization, for instance, nearly 18 percent of children aged 10-15 were employed (often in hazardous conditions) reflecting the widespread nature of child labor at the time. [12] Reform efforts during the Progressive Era, led by the National Child Labor Movement, exposed the systemic exploitation of children and laid the groundwork for federal intervention. [13] These efforts culminated in what is often regarded as the “legal end to child labor,” the Fair Labor Standards Act of 1938 (FLSA), passed under President Franklin D. Roosevelt. [14] While the FLSA marked a major milestone, it did not eradicate child labor; instead, it established a regulatory framework that remains vulnerable to political rollbacks and state-level modifications. 

Standing as the primary preventative federal regulation against state-level “substandard labor practices” [15] and the benchmark for all states within the union to adhere to, the FLSA has played a crucial role in protecting the rights of American workers. The FLSA emerged during a period of significant hardship for American workers after the Great Depression, leading it to regulate different aspects of employment, including minimum wage, maximum weekly hours, and child labor. [16] To narrow the focus to its relevance here, this section examines the FLSA’s child labor provisions, most notably, the prohibition of “oppressive child labor,” defined as the employment of minors in harmful or exploitative conditions, and the requirement that employers maintain proof of age documentation. [17] According to the Child Labor Provision definitions, Oppressive Child Labor refers to the employment of minors under the age of sixteen in any occupation or the employment of those aged 16 to 18 in jobs the Secretary of Labor classifies as hazardous or detrimental to their health and well-being. [18] The Oppressive Child Labor and Proof of Age provisions did not abolish child labor but aimed to impose certain limited restrictions on labor practices, leaving much of the regulation to the discretion of individual states. Unlike the strictly enforced FLSA minimum wage provision, the Oppressive Child Labor and Proof of Age provisions have proven ineffective due to widespread non-compliance, inconsistent state laws, limited public awareness, and loopholes that weaken enforcement. The FLSA, thus, was never intended to address the issues surrounding child labor; instead, it served as a temporary bandage over a deeply rooted problem. 

While the FLSA provides federal regulations, individual states have the authority to enact their own laws governing child labor within their state borders. This decentralized approach has led to varying standards across the country, with some states setting the bar substantially lower than the federal guidelines. The Arkansas Youth Hiring Act (HB 1410) highlights the systemic weaknesses in the federal child labor protections under the FLSA and reflects the prioritization of economic interests over the well-being of children. Signed into law on February 20, 2023, HB 1410 stipulates that children under the age of 16 are no longer required to obtain or present an employment certificate verifying their age as a condition of employment. [19] HB 1410 directly conflicts with the FLSA. By removing essential identification prerequisites, employers can no longer confirm whether an employee is under sixteen. The bill, thus, allows children to be hired for hazardous jobs such as operating heavy machinery or working long hours in unsafe conditions. Additionally, by eliminating employment certificates, which previously required parental approval, employers can easily bypass FLSA standards. Arkansas’ governor, Sarah Huckabee Sanders, and 24 other legislators backed the bill to eliminate bureaucratic hurdles and grant parents greater control. [20] However, the focus on parental rights masks the harmful consequences of the bill. Vulnerable groups, such as undocumented children and those without parental supervision, face heightened risks as they may feel pressured to take unsafe jobs to support themselves or their families. Rather than protecting these groups, HB 1410 removes essential protections and opens the door for employers to exploit underage workers without accountability. Eliminating these protections does not empower anyone; instead, it leaves children even more vulnerable to unethical and exploitative labor practices.

Arkansas’ HB 1410, once again, exemplifies this disparity. In contrast to other states, HB 1410 fails to enhance enforcement measures or increase penalties for child labor violations. Instead, it prioritizes short-term economic gains over the long-term welfare and development of Arkansas’ youth. States like New York have implemented more stringent child labor laws, including a mandatory child employment certificate for children between the ages of fourteen and eighteen, and classifying child labor violations as misdemeanors. [21] This lack of enforced standardization between distinct state laws creates an environment open for exploitation. Without a comprehensive, uniform approach that prioritizes the well-being and protection of minors across all states, the FLSA framework remains inherently flawed, risking child labor abuses.

The ratification of the Child Labor Amendment could provide a much-needed solution to the deficiencies and inconsistencies inherent in the current framework. Unlike the FLSA, which serves as a set of regulations that can be modified or weakened over time, a constitutional amendment would ensure protections for child workers at the highest level of law. The proposed six-line amendment would grant Congress the authority to regulate, limit, or prohibit the labor of individuals under eighteen years while preserving state power, except where federal legislation would override conflicting state laws. [22] Remarkably, the Child Labor Amendment has already garnered significant initial support, with the House of Representatives passing it with a vote of 297–69 on April 26, 1924, followed by the Senate’s passage with a 61–23 vote on June 2, 1924. [23] By 1937, when the most recent state ratified the amendment, only 28 states had officially endorsed it, falling short of the required three-fourths threshold for constitutional amendments. [24] Although the amendment ultimately failed to gather sufficient support, it remains technically pending for ratification, symbolizing the enduring century-long struggle to protect young workers through constitutional reform. And yet, there is still a chance to bring it back and give it another go. States that rejected the amendment in the early twentieth century may vote differently today, including Massachusetts, Connecticut, Vermont, Delaware, New York, and Maryland. [25] Voters in these and other states may now be more willing to strengthen protections against child labor, offering a renewed opportunity to meet the ratification threshold and become part of the Constitution. 

Today, the amendment serves as an essential reminder of the ongoing efforts to protect children from exploitative labor practices. With just ten more states needed to reach the requisite 38-state threshold for ratification, the proposed amendment remains a potential avenue for addressing child labor issues at the federal level. At this moment, an amendment would prove particularly advantageous, as it would establish uniform child labor protections through constitutional means, making them resistant to shifting political dynamics. Additionally, unlike the FLSA, which is subject to legislative changes, an amendment would guarantee that the preservation of minors’ rights and well-being remains a fundamental concern and protect them from exploitative abuses. 

Furthermore, implementing a Child Labor Amendment would establish a consistent, nationwide standard for child labor regulations, eliminating the existing assortment of state laws and uneven enforcement practices. The decentralized approach of the FLSA has allowed certain states to undermine or disregard federal guidelines. A constitutional amendment would tackle this problem by guaranteeing uniformly applied protections across all areas without any exceptions. It could require strict enforcement measures and substantial penalties for violations (similar to New York State’s). A Child Labor Amendment would provide a more robust and comprehensive solution by closing the gaps and loopholes while simultaneously upholding the fundamental rights and protections of the nation’s youngest and most vulnerable workers.

The resurgence of child labor exploitation in the United States is a troubling reality that calls for urgent and decisive action. The loopholes and inadequacies within the existing FLSA have enabled certain states to undermine essential protections for underage workers. While the FLSA was groundbreaking for its time, its decentralized framework has led to many inconsistencies within state laws. Ratifying the proposed Child Labor Amendment could provide a robust solution by establishing nationwide protections at the constitutional level. The United States often positions itself as a leader in setting labor standards, yet gaps in its child labor protections expose critical inconsistencies. By fortifying legal protections, the United States can take meaningful steps toward addressing its own shortcomings.

Edited by Andrea Ruiz

[1] Margaret Wurth, “New US Labor Secretary, Congress Should Act on Child Labor,” Human Rights Watch, March 11, 2025, https://www.hrw.org/news/2025/03/11/new-us-labor-secretary-congress-should-act-child-labor.

[2] “More than 100 children illegally employed in hazardous jobs, federal investigation finds; food sanitation contractor pays $1.5M in penalties,” U.S. Department of Labor, February 2023, https://www.dol.gov/newsroom/releases/whd/whd20230217-1.

[3] Daniel Wiessner, “U.S. company fined for hiring kids to clean meatpacking plants,” Reuters, February 17, 2023, https://www.reuters.com/world/us/us-company-fined-hiring-kids-clean-meatpacking-plants-2023-02-17/.

[4] “US Department of Labor requires Tennessee parts manufacturer to turn over profits from oppressive child labor use, compensate victims,” U.S. Department of Labor, March 2024, https://www.dol.gov/newsroom/releases/whd/whd20240325. 

[5] “Owner of 20 Hwy 55 Burgers, Shakes & Fries restaurants enters compliance agreement, pays $11K in penalties for child labor violations,” U.S. Department of Labor, March 2024, https://www.dol.gov/newsroom/releases/whd/whd20240306. 

[6] “Vermont restaurant retaliated against server, underpaid workers, violated child labor provisions, US Department of Labor investigation finds,”  U.S. Department of Labor, April 2024, https://www.dol.gov/newsroom/releases/whd/whd20240424. 

[7] “US Department of Labor finds 149 children working later, longer than legally allowed at 7 Freddy’s Frozen Custard & Steakburgers locations,” U.S. Department of Labor, April 2024, https://www.dol.gov/newsroom/releases/whd/whd20240415. 

[8] “Ohio painting company pays $30K in child labor penalties for employing 17-year-old teens to paint houses, work from roofs,” U.S. Department of Labor, March 2024, https://www.dol.gov/newsroom/releases/sol/sol20240328. 

[9] “US Department of Labor fines Utah Baskin Robbins franchisee for violating federal child labor law at 8 locations,” U.S. Department of Labor, March 2024, https://www.dol.gov/newsroom/releases/whd/whd20240321.

[10] “Federal investigations find Jersey Mike’s franchise operator violated child labor regulations at 4 northern Virginia locations, denied overtime pay,” U.S. Department of Labor, March 2024, https://www.dol.gov/newsroom/releases/whd/whd20240318. 

[11] Jennifer Sherer and Nina Mast, “Child Labor Laws Are Under Attack in States Cross the Country,” Economic Policy Institute, March 2023, https://www.epi.org/publication/child-labor-laws-under-attack/.

[12] Michael Schuman, “History of Child Labor in the United States—part 1: Little Children Working,” Bureau of Labor Statistics, January 12, 2017, https://www.bls.gov/opub/mlr/2017/article/history-of-child-labor-in-the-united-states-part-1.htm.

[13] Chaim M. Rosenberg, Child Labor in America: A History (McFarland, 2013), p. 6. 

[14] Chaim M. Rosenberg, Child Labor in America: A History (McFarland, 2013), p. 2. 

[15] “United States v. Darby," Oyez, https://www.oyez.org/cases/1940-1955/312us100.

[16] “United States v. Darby," Oyez, https://www.oyez.org/cases/1940-1955/312us100.

[17] “29 U.S. Code § 212 — Child Labor Provisions,” Cornell Law School Legal Information Institute, April 2023, https://www.law.cornell.edu/uscode/text/29/212.

[19] Youth Hiring Act of 2023, HB 1410, State of Arkansas General Assembly, 94th Regular Session, (2023). 

[20] Kaitlyn Radde, “Arkansas Gov. Sanders Signs a Law that Makes it Easier to Employ Children,” NPR Business, March 2023, https://www.npr.org/2023/03/10/1162531885/arkansas-child-labor-law-under-16-years-old-sarah-huckabee-sanders#:~:text=Arkansas%20Gov.-,Sanders%20signs%20a%20law%20that%20makes%20it%20easier%20to%20employ,to%20verify%20their%20age%20anymore. 

[21] Terri Gerstein, “Are We Actually Arguing About Whether 14-Year-Olds Should Work in Meatpacking Plants,” The New York Times, March 2023, https://www.nytimes.com/2023/03/27/opinion/child-labor-laws.html. 

[22] Jessie Kratz, “Unratified Amendments: Regulating Child Labor,” National Archives Pieces of History, March 2020, https://prologue.blogs.archives.gov/2020/03/24/unratified-amendments-regulating-child-labor/.

[23] Jessie Kratz, “Unratified Amendments: Regulating Child Labor,” National Archives Pieces of History, March 2020, https://prologue.blogs.archives.gov/2020/03/24/unratified-amendments-regulating-child-labor/. 

[24] Jessie Kratz, “Unratified Amendments: Regulating Child Labor,” National Archives Pieces of History, March 2020, https://prologue.blogs.archives.gov/2020/03/24/unratified-amendments-regulating-child-labor/. 

[25] Betsy Wood / Made By History, “The Forgotten History of the Child Labor Amendment,” TIME, May 13, 2024, https://time.com/6970389/child-labor-amendment-forgotten/.