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Legislation to Protect Children from Labor Exploitation

04/04/2023

Rep Hillary Scholten (D-MI) and Nancy Mace (R-SC) have announced the Justice for Exploited Children Act.  This legislation would sharply increase financial penalties for individuals and companies violating labor laws applicable to children.  The Bill will establish a minimum floor fine of $5,000 per standard child violation and $25,000 if serious injury or death occurs.  Maximum penalties would be raised to $132,000 for standard violations and $601,000 for serious injury or death. The quantum of civil penalties has remained unchanged since 1938.

 

During 2023, a number of cases of child exploitation emerged in the meat packing industry resulting in civil penalties and consent decrees to ensure future compliance with federal and state regulations. Federal agencies are investigating a more serious aspect of exploitation of minors involving possible child trafficking.

 

It would appear that some parents are complicit in sending underage children into plants. Arising from the JBS case in Grand Isle, NE. a couple were found guilty of child abuse following evidence that they falsified documents claiming their 14 year old daughter was 22 years of age. The child worked an 11pm to 5am shift and repeatedly fell asleep at school. The Mother retained her child's earnings. In this case the Judge noted the shared responsibility of parents, PSSI and JBS .

 

In contrast to the bipartisan Congressional initiative, Arkansas has enacted a law that reduces oversight over child labor with Iowa considering a similar dilution of restrictions.