“To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor, and for other purposes.”
No CRS summary available for this bill.
This section sets forth congressional findings on child labor in agriculture, including that hundreds of thousands of children younger than 18 years old work in the industry, often facing hazardous conditions, higher work-related fatality rates (over four times the rate of other young workers), school dropout risks, and vulnerability to sexual abuse. The findings note limited federal protections and enforcement for such children compared to those in other industries.
This section revises the definition of "oppressive child labor" under the Fair Labor Standards Act of 1938 (FLSA). (As background, the FLSA prohibits employment of minors in oppressive child labor and interstate shipment of goods produced by such labor.) The revised definition includes (1) employment of 16- or 17-year-olds in occupations declared by the Secretary of Labor to be particularly hazardous or detrimental to their health or well-being; (2) employment of 14- or 15-year-olds, unless the Secretary determines such employment does not interfere with their schooling or health and well-being; or (3) employment of children under 14 years of age. (Previously, the definition included any employment of children under 16 years of age or employment of 16- through 18-year-olds in such hazardous occupations; thus, the revision permits 14- and 15-year-olds to work in approved circumstances previously prohibited outright and narrows the hazardous occupation prohibition to ages 16-17 from 16-18.)
This section revises exemptions from child labor requirements under the Fair Labor Standards Act (FLSA) for children employed by a parent or guardian (29 U.S.C. 213(c)). It replaces paragraphs (1) and (2) to exempt (1) children under 18 years of age employed in agriculture outside school hours on a farm owned by the parent or guardian and (2) children under 16 years of age employed by the parent or guardian in employment other than manufacturing, mining, or occupations the Secretary of Labor finds particularly hazardous for 16- or 17-year-olds or detrimental to their health or well-being. The section also repeals paragraph (4), which authorized the Secretary to waive child labor requirements for children ages 12-17 performing hand-harvest agricultural labor during documented labor shortages, and redesignates paragraphs (5) through (7) as paragraphs (4) through (6).
This section revises civil penalties under the Fair Labor Standards Act (FLSA) for violations involving the shipment of goods produced with child labor (i.e., 29 U.S.C. 215(a)(4)). It (1) limits penalties to employers (from any person); (2) establishes a penalty range of $500 to $15,000 (from $0 to approximately $15,000) for each employee who was the subject of such a violation; (3) establishes a penalty range of $15,000 to $60,115 (from $0 to approximately $60,000) for each violation causing serious injury, serious illness, or death to an employee under 18 years old, which may be doubled for repeated or willful violations; and (4) defines "serious illness" as any abnormal condition or disorder resulting from a work-related event or exposure (with presumption of work-relatedness for events or exposures on the employer's premises).
This section establishes special criminal penalties of imprisonment for not more than five years, a fine under title 18, United States Code, or both for any person who repeatedly or willfully violates child labor prohibitions of the Fair Labor Standards Act (section 12; i.e., barring minors from hazardous occupations or excessive hours) if such violations result in or cause the death, serious injury, or serious illness of an employee under 18 years of age at the time of the violation (thus, replacing the general penalty of up to six months imprisonment or $10,000 fine (29 U.S.C. 216(a))). It also amends the general willful violation penalty provision to except cases covered by the new penalties.
This section directs the Secretary of Labor to analyze data from specified sources—including Department of Labor components (Wage and Hour Division, Bureau of Labor Statistics, and Occupational Safety and Health Administration), state agencies, and the National Institute for Occupational Safety and Health—on children under 18 employed in agriculture and their work-related injuries, illnesses, or deaths. The Secretary must submit annual reports to Congress summarizing such data (including from new section 12B), evaluating the status of child labor and related safety and health hazards, and identifying potential violations of child labor restrictions under section 12 of the Fair Labor Standards Act; the Secretary must publish these reports in the Federal Register and on the Department of Labor website.
This section establishes employer reporting requirements under the Fair Labor Standards Act for work-related serious injuries, serious illnesses, or deaths of employees under 18 years of age employed in agriculture. Employers must submit a report to the Secretary of Labor within 5 days that includes (1) the employer's name and address, (2) the employee's name, address, and age, (3) incident details such as environmental hazards (e.g., chemical or pesticide exposure), machinery or tools used, and work tasks performed, and (4) other information prescribed by regulation; failure to report incurs civil penalties of $500-$7,000 per violation ("serious injury" and "serious illness" as defined in FLSA section 16(e)(1)(B)). The requirements take effect on the earlier of the Secretary issuing a rule under section 10(a) of the CARE Act of 2025 or 6 months after enactment of that Act.
This section directs the Secretary of Labor, within 30 days of enactment, to revise child labor regulations in 29 CFR part 570 to prohibit employment of children under age 18 as pesticide handlers, as defined in EPA's Worker Protection Standard (40 CFR 170.3) (i.e., those who mix, load, apply, or otherwise handle restricted-use pesticides). (As background, 29 CFR part 570 lists occupations deemed particularly hazardous for minors under the Fair Labor Standards Act.)
This section directs the Secretary of Labor to prescribe rules, as necessary, to implement amendments made by sections 3 through 6 and the revision required by section 8, not later than 6 months after enactment of this Act, with such rules taking effect no later than 30 days after Federal Register publication. The section applies those amendments and the revision required by section 9 to violations of the Fair Labor Standards Act of 1938 occurring after the rules take effect. The section further specifies that amendments made by sections 4, 5, or 6 and the revision required by section 9 do not preempt state laws establishing greater employee protections or remedies.