On September 23, 2008, the House Education and Labor Subcommittee on Workforce Protections held a hearing entitled “Child Labor Enforcement: Are We Adequately Protecting our Children?”

Although the hearing did not specifically address any pending legislation, several witnesses expressed their support for the “Children’s Act for Responsible Employment of 2007″ (”CARE Act”) (H.R. 2674), which is co-sponsored by Subcommittee Chair Woolsey (D-CA). 

The CARE Act would amend the Fair Labor Standards Act (”FLSA”) to (1) narrow the exemption for agricultural work to the employment of children working on their families’ farms; (2) increase civil penalties for child labor violations; (3) impose special criminal penalties for aggravated child labor violations; (4) require the Secretary of Labor to gather and analyze data on work-related injuries to children employed in agriculture; (5) impose additional employer reporting requirements for work-related injuries for employees who are minors; and (6) incorporate a pesticide-related worker protection standard. There has been no movement on this legislation since it was referred to the Workforce Protections Subcommittee on July 24, 2007.

Alexander Passantino, Acting Wage and Hour Administrator for the U.S. Department of Labor, testified that his agency continues to give high priority to child labor complaints.  Passantino cited the declines in workplace injuries and fatalities as an indicator of the success of the agency’s efforts.  He also highlighted the agency’s “YouthRules!” information campaign.

Norma Flores, a former child worker, testified about her experiences as a migrant worker on farms in the South and Midwest.  She testified that during the six years she worked in the fields, she never saw an inspector. She recalled deplorable conditions including a lack of bathrooms, nowhere for workers to clean pesticides off their hands, and no clean drinking water.  Flores testified that she and other child workers were regularly exposed to hazardous chemicals and dangerous tools and machinery, but had no health insurance.

David Strauss, Executive Director of the Association of Farmworker Opportunity Programs, testified that his staff had observed many child labor violations, and testified in favor of increased enforcement efforts and strengthening existing protections.  For example, he noted that California has heat illness prevention standards, but there is no such federal hazardous occupation order for excessive heat.

Sally Greenberg, Executive Director of the National Consumers League and Co-Chair of the Child Labor Coalition, testified that recent reports by her organization made recommendations to the Department of Labor (DOL) about how to strengthen protections for children in 2005 and 2006, but the DOL has implemented only a handful of those revisions. Greenberg noted that the number of child-labor investigations have declined drastically.  She recommended focusing enforcement efforts on the agriculture and meat-packing industries.  Greenberg also recommended increased funding for Wage and Hour investigators, eliminating special statutory exemptions for agricultural employment, and raising the minimum age for particularly hazardous work to 18.