Child Labor Laws

March 26, 2025

Yesterday, I read an article that discusses a bill that is going through the Florida Legislation that would loosen child labor laws. Governor DeSantis is endorsing the bill that would remove all work place limits on 16 and 17 year olds.

This legislation would also allow these young people to work unlimited hours, and days, without any breaks, during the school year. Also, if 14 or 15 year olds have graduated from high school or are home schooled or are virtual students, they are permitted to work without any restrictions.

It also removes restrictions that currently do not allow children under the age of 18 from working earlier than 6:30 A.M. or later than 11:00 P.M.

Last year the Florida legislation allowed 16 & 17 year olds to work more than 30 hours a week, if they had parental consent.

Governor DeSantis has indicated that the removal of undocumented immigrants has reduced the workforce for lower wage jobs, and that an alternative to filling those positions, would be loosening work requirements for those under the age of 18.

There is some pushback in the Florida legislation and whether this will become reality is still up in the air. Supporters of the legislation say “the measures will give teens experience and skills that will help them later in life.” Other states have also considered rolling back teen labor laws, to fill job openings left by undocumented immigrants.

I am certain that as this bill proceeds, there will be much more discussion on a national level.

It should be noted, that on a national basis, there are limitations under the Fair Labor Standards Act – Child Labor Rules, as to what is allowed and not allowed for those individuals under the age of 18. Once an individual reaches the age of 18, these rules do not apply. Work permits are no longer required at any age.

Also, all States have Child Labor Standards. When a States Regulation differs from that of the Federal Regulation, the regulations that are most restrictive apply.

Obviously, the Federal Regulations are more restrictive than those that the Florida Legislation is considering. Why then is this being considered? Is this another political game? If this Florida legislation is passed, will this lead to another legal action?

Fact sheet #57 of the Wage & Hour Division of the United States Department of Labor states, “ the Fair Labor Standards Act (FLSA) was enacted to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions which are detrimental to their health or well- being.”

The FLSA establishes both hours and standards for youth employment. There is an exemption, if a minor is working in a business owned by their parents, as long as it isn’t mining, manufacturing or considered hazardous. There are also limitations on hours worked for 14 or 15 year olds. Agricultural work also has its own standards also.

Generally, wages must be paid at the Federal Minimum Wage of $7.25 per hour.

All of this gets back to the fact that undocumented immigrants play a major role in our economy today. As the crack down on undocumented immigrants continues, this situation of modifying minor labor laws will continue to escalate.

Congress has postponed acting on immigration reform for over 30 years. Isn’t it about time that they deal with this situation on a rational and reasonable basis. Reform is necessary. The Deferred Action for Childhood Arrivals (DACA) kids, generally referred to the Dreamers, are still in limbo. There are over 800,000 in that category, and most are contributing positively to society.

The last major movement in undocumented immigrant legislation was accomplished under President Regan. We can no longer continue to “put our heads in the sand.” It is time for action!

Jess Sweely

Madison , Va.