Opinion | The Dangerous Race to Put More Children to Work

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Many of the minors crossed unaccompanied from Latin American countries and may not know when their employment violates the law. A 13-year-old who was burned with caustic chemicals while working for Packers Sanitation Services in Nebraska told investigators the accident occurred during a shift that lasted from 11 p.m. to 5 or 7 a.m., a direct violation of multiple federal laws. The Labor Department imposed a $1.5 million fine on the cleaning company, which is owned by Blackstone, one of the world’s largest private equity firms.

Despite the evidence that more children are being exploited and hurt in this way, state lawmakers are passing bills that defy the federal standards. They are inviting a court challenge, and, in effect, daring the Labor Department to come after them, knowing the department often lacks the manpower to prevent violations of federal law. The Ohio Senate, which passed a bill earlier this month extending working hours for minors under 16, in violation of federal standards, also approved a resolution urging Congress to do the same.

One of the worst bills, introduced by Republicans in Iowa, would allow 14-year-olds to work in industrial freezers, meat coolers and industrial laundries, and 15-year-olds to lift heavy items onto shelves. It is backed by, among others, the independent business federation, the Iowa Grocery Industry Association, and Americans for Prosperity, a conservative advocacy group backed by Charles Koch, the industrialist who supported many national efforts to deregulate businesses.

If states will not perform a role that has been fundamental for a century — protecting workers from abuse — the federal government will have to increase its efforts to do so. After the Times investigation was published, the Biden administration announced a series of new efforts to crack down on illegal child labor, many of which hold promise as possible deterrents.

The Labor Department said it would intensify its investigations of business violations, not just by direct employers of children but also by the larger companies that contract with those employers, or that use children in their supply chain. In many cases, big companies use contractors or staffing agencies to hire children and then claim they had nothing to do with the abuses. Some of those agencies shut down and reopen under new names when they are fined, said Meredith Stewart, a senior supervising attorney at the Southern Poverty Law Center. The companies that hire them should be held accountable. The department also has the authority to seize any products that are made using illegal child labor, even through the use of contractors. Seema Nanda, the department’s chief legal officer, said in an interview that it would use that authority aggressively, as well as every other litigation tool available.

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