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There are many child labor laws in the United States. But which president signed them into law? We’ll take a look at a few of the most notable ones.
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Introduction
In 1938, Congress passed the Fair Labor Standards Act (FLSA), which established child labor standards in industries engaged in interstate commerce and munitions production. These standards included limits on the employment of minors under the age of 16 during school hours and prohibited their employment in certain occupations deemed too hazardous or detrimental to their health and well-being. The FLSA did not, however, address the employment of minors in agriculture.
The following year, the Supreme Court ruled that the FLSA’s prohibitions on the interstate transportation of goods produced by child labor applied only to goods that had moved in interstate commerce before they reached the point of production, and not to goods that had been produced entirely within one state. This ruling effectively exempting agricultural products from the FLSA’s child labor provisions.
In response to this ruling, President Franklin D. Roosevelt issued an executive order creating the National Recovery Administration (NRA), which included a code of fair practices for agriculture that addressed child labor on farms. However, the NRA was disbanded in 1935, and no federal laws regulating child labor on farms were enacted until after Roosevelt’s death in 1945.
It wasn’t until President Lyndon B. Johnson signed the Child Labor Amendments to the FLSA into law in 1966 that agricultural workers were finally brought under the Act’s protections. These Amendments also extended coverage to household work and raised the minimum age for hazardous occupations from 16 to 18.
What are child labor laws?
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
Covered nonsupervisory employees in the private sector must be paid at least $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.
The Act also prohibits the employment of minors under age 16 in nonagricultural jobs and sets the minimum age for most nonagricultural jobs at 18 years. There are, however, numerous exceptions to these rules.
History of child labor laws in the United States
The first child labor law in the United States was passed in 1813, prohibiting the sale of cigarettes to minors. However, it was not until much later that laws were enacted to regulate the employment of minors. The first federal child labor law, the Keating-Owen Act of 1916, was declared unconstitutional by the Supreme Court in 1918.
It wasn’t until 1938 that Congress passed a new federal child labor law, the Fair Labor Standards Act (FLSA), which remains in effect today. The FLSA sets standards for minimum wage, overtime pay, record keeping, and youth employment. Under the FLSA, workers must be at least 14 years old to work in most non-agricultural jobs and at least 16 years old to work in hazardous occupations.
The U.S. Department of Labor’s Wage and Hour Division (WHD) is responsible for enforcing the FLSA. WHD also enforces other laws that protect workers from exploitation, including the Migrant and Seasonal Agricultural Worker Protection Act, the McNamara-O’Hara Service Contract Act, and the Davis-Bacon and Related Acts.
In addition to federal laws, many states have their own child labor laws that are often more restrictive than federal law. For example, some states set higher minimum ages for certain types of work or prohibit minors from working during school hours. Employers must follow both state and federal law; if there is a conflict between them, the stricter law applies.
The Fair Labor Standards Act of 1938
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
The Act does not cover all employees. Farmworkers, governmental employees, independent contractors, journalists, outside salespeople, companions for the elderly or infirm, babysitters, and apprentices on fishing vessels are among those excluded from coverage under the FLSA. Many of these exclusions are based on exemptions provided in the Act itself. Others are based on judicial interpretations of the law.
The Department of Labor’s Wage and Hour Division is responsible for administering and enforcing the FLSA with respect to private sector employers and State and local government employers. The Department of Justice is responsible for enforcing the FLSA with respect to Federal government employers.
The Act’s coverage provisions apply equally to men and women. An employer who violates the Act’s minimum wage or overtime pay provisions is liable to the employee or employees affected in the amount of their unpaid wages plus an additional equal amount as liquidated damages. Affected employees may also recover attorneys’ fees and costs. An employer who willfully violates the minimum wage or overtime pay provisions is subject to a civil penalty of not more than $10,000 for each violation.
A criminal penalty of up to $10,000 may be imposed on any person who knowingly violates the act’s child labor provisions. A second conviction may result in imprisonment.
Amendments to the Fair Labor Standards Act
In 1938, President Franklin Roosevelt signed the Fair Labor Standards Act (FLSA) into law. The FLSA established, for the first time, a national minimum wage and guaranteed time-and-a-half pay for all hours worked over 40 in a week. The FLSA also prohibited most child labor, setting the minimum age for non-agricultural work at 16 and restricting the hours that 16- and 17-year olds could work.
Over the years, Congress has amended the FLSA several times to expand its coverage and raise the minimum wage. In 1961, under President John F. Kennedy, Congress increased the minimum wage from 75 cents to $1 per hour and extended coverage of the minimum wage and overtime pay provisions to approximately 4 million additional workers, including retail employees working for small businesses with annual sales of less than $1 million dollars. In 1974, under President Richard Nixon, Congress raised the federal minimum wage to $2 per hour in two steps—to $1.60 in February 1974 and to $2 in May 1974—and extended coverage of both minimum wage and overtime pay protections to more than 8 million additional workers.
The most recent amendments to the FLSA were enacted in 2007 under President George W. Bush. These amendments raised the federal minimum wage in three steps: from $5.15 to $6.55 per hour on May 25, 2007; from $6.55 to $7.25 per hour on July 24, 2009; and finally to its current level of $7.25 per hour on July 24, 2009. In addition, these amendments expanded coverage of the overtime pay protections to more than 4 million workers who were previously exempt from these provisions
Enforcement of child labor laws
The Fair Labor Standards Act (FLSA) of 1938 establishes child labor standards in the United States. The FLSA prohibits the employment of children under the age of 14 in certain occupations and limits the hours that children aged 14 and 15 may work. The U.S. Department of Labor’s Wage and Hour Division (WHD) is responsible for enforcing the child labor provisions of the FLSA.
The Child Labor Prevention Act (CLPA) of 1992 amended the FLSA to prohibit the employment of children under 16 in coal mines and uranium mines, mills, and processing plants. In addition, CLPA expanded the categories of oppressive child labor forbidden by the FLSA.
The Fair Minimum Wage Act of 2007 increased federal hourly minimum wage rates in three steps: to $5.85 effective July 24, 2007; to $6.55 effective July 24, 2008; and to $7.25 effective July 24, 2009. After 2009, annual adjustments for inflation were made pursuant to statute.
Violations of child labor laws
Many children were employed in factories, mines and agriculture. They often worked long hours in dangerous and unhealthy conditions. In the early 1900s, President Theodore Roosevelt spoke out against child labor and proposed the first federal law to limit it. But Congress did not pass the law.
In 1916, Congress passed the Keating-Owen Act, which prohibited the interstate sale of goods made by children under the age of 14. But the U.S. Supreme Court ruled that the law was unconstitutional because it interfered with commerce between states.
In 1938, President Franklin Roosevelt signed the Fair Labor Standards Act, which established a national minimum wage and limited the hours that children could work. The law also prohibited the interstate shipment of goods made by children under the age of 16.
State child labor laws
State child labor laws are those statutes, regulations, ordinances, and administrative rules that deal with the employment of minors (persons under the legal age of majority). The federal government has also enacted child labor laws, but these are mostly concerned with setting standards for interstate commerce and do not preempt the states’ primary responsibility in this area.
Almost all U.S. states have child labor laws that restrict the hours and type of work that minors may perform. These laws vary considerably from state to state, but most follow the guidelines set by the federal Fair Labor Standards Act (FLSA), which establishes standards for wages and hours worked by employees in both the public and private sectors.
The FLSA does not, however, preempt state child labor laws; rather, it provides a floor below which no state may fall. In other words, a state may enact more restrictive child labor laws than those set forth in the FLSA, but it may not enact laws that are less protective of minors.
In addition to setting standards for wages and hours worked, the FLSA also prohibits certain types of hazardous occupations for minors under the age of 18. These prohibited occupations are listed in Schedule H of the Act and include jobs in manufacturing and mining, as well as certain types of work with power-driven machinery, explosives, and vehicles.
International child labor laws
Child labor laws began to be passed in the early 1900s in response to public concern about the working conditions of children. The first federal child labor law was passed in 1916, but it was struck down by the Supreme Court as unconstitutional. A second law was passed in 1918, but it too was struck down by the Supreme Court. In 1938, Congress passed the Fair Labor Standards Act, which established national minimum wage and overtime standards and prohibited most child labor.
Since 1938, there have been several amendments to the Fair Labor Standards Act, including a provision that allows children under the age of 16 to work with parental consent. There are also a number of exemptions to the law, such as for children who work on family farms or in family businesses.
The international community has also passed a number of conventions and treaties aimed at protecting the rights of children, including the Convention on the Rights of the Child and the International Labour Organization’s Convention 182 on the Worst Forms of Child Labour.
Conclusion
In conclusion, it is clear that child labor laws have changed significantly over the years. While there was once no regulation whatsoever, today there are strict laws in place to protect children from being exploited in the workforce. Presidents have played a major role in these changes, with both Abraham Lincoln and Franklin D. Roosevelt enacting legislation that has helped to improve the lives of countless children.
