Minors, Not Miners! [1]
After the success of federal “New Deal” programs, many States passed tighter, more specific child labor laws. However, recently, lawmakers in at least 10 states have sought to loosen child labor laws. The Ohio legislature, “is on track to pass a bill allowing students ages 14 and 15 to work…later than federal law allows, so a companion measure asks the U.S. Congress to amend its own laws.” In part the idea is to combat the most competitive labor market since WWII. With an unemployment rate at 3.4%, there is a high demand for workers, which has exerted upward pressure on wages and has employers concerned about meeting their labor needs. Hospitality trade groups favor expanding working hours and roles for minors as a way to recover from pandemic employee losses. Employers in construction, factories, and meatpacking facilities tout the advantages for young employees, including the development of valuable skills, work experience, and connections within industry.
From 2001-2021, employment of 16-19 year-olds fell by 21%, with many young people reporting that they are not seeking employment because they are in school. Increased graduation rates and education are positive trends, but the benefits of these goods are not distributed equally. Among the nation’s immigrant and poor communities, the additional income of child labor is still often seen as vital. This is reflected in an uptick in child labor violations—last year the U.S. Department of Labor identified 835 child labor violations involving 3,876 children, which is a 283% increase from 2015. It seems that there are economic pressures on both employers and children that make illicit child labor seem like a good choice.
On one hand, some argue that prohibition of child labor merely fuels this black market and makes conditions worse by decreasing supervision. On the other hand, some worry that increased work hours for children will erode hard-won educational gains and put children at risk of workplace harms. While there are economic and social concerns surrounding child labor, some contend that the state should play less of a role. On Arkansas governor Sarah Huckabee-Sanders’s account, parents are in the best position to know what will benefit or harm their children and should be able to consent to their children’s employment without consulting the state.
DISCUSSION QUESTIONS
What potential long-term societal consequences might arise from shifting child labor regulations, and how should society weigh these ethical implications against immediate economic needs?
How, if at all, can concerns related to child labor violations, workplace hazards, and eroded educational gains be balanced with the purported benefits of early work experience?
How might the relaxation of child labor laws influence the dynamics of the labor market and the broader workforce, and what ethical considerations should be taken into account?
References
[1] A version of this case appears in the APPE Intercollegiate Ethics Bowl’s® 2023-2024 Regional Case Set. It is reproduced here with permission. For more information about APPE IEB®, please visit appeieb.org.
[2] AP News, “Kids could fill labor shortages, even in bars, if these lawmakers succeed”
[3] USA Today, “Lawmakers in 11 states seek to weaken child labor restrictions”
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