Federal child labor law violations are on the rise this year, the U.S. Department of Labor’s Wage and Hour Division warns in an advisory released last week.
The youth employment provisions of the Fair Labor Standards Act limit the circumstances around minor employment, including number of hours worked, work environments and equipment minors can operate. The number of children employed in violation of federal labor laws has increased 88% nationwide since 2019, with civil penalties up 83% last year.
In the Dallas area office’s jurisdiction, child labor violations increased 67% between 2022 and 2023, driving the number of penalties levied against employers up 1,000%. For fiscal year 2023, the Dallas district office has the second-highest number of cases in the U.S. so far, with 35 cases involving 188 minors.
Common violations include minors performing jobs that are considered hazardous for their age, working longer or later than legally allowed, working during school hours, operating a motor vehicle or forklift or using meat-processing machines and vertical dough or batter mixers.
It’s not just manufacturing that’s seeing more violations. In a recent Denton County case, the Taco Bell at 14000 U.S. Highway 380 in Cross Roads was fined $10,920 last year for employing six minors in violation of the FLSA.
The department is not sure exactly what’s driving the increase, but higher numbers of child injuries and fatalities on the job, particularly on overnight shifts, are partly responsible for the spike in violations. Manufacturing, food processing and construction are among the industries seeing the most reported cases.
“Many of the investigations are initiated on complaints — some of them could be parents, some of them could be third-party,” said Dana Friday, deputy district director for the Wage and Hour Division in Dallas.
Violations out of the Dallas area division have included minors younger than 14 up to age 17, Friday said. While some cases might be the result of willful violation, many can happen because minors and their employers do not know they’re doing something illegal.
“It could be a first job where they don’t know they’re not supposed to work past a certain time, or they may not be aware of equipment they’re not supposed to be operating or cleaning, and employers aren’t aware,” Friday said.
The Wage and Hour Division launched a national strategic enforcement initiative on child labor in L to the uptick and is encouraging parents and minors to familiarize themselves with places and types of work that are off limits for children under 18. Employers can also access a best-practices guide for employment of minors on the Department of Labor’s website.
The public can file complaints about potential child labor law violations or other labor matters at 1-866-4-USWAGE (1-866-487-9243).