1 00:00:03,200 --> 00:00:09,760 Speaker 1: From Bloomberg News and iHeartRadio. It's the Big Tick. I'm 2 00:00:09,760 --> 00:00:14,720 Speaker 1: west Kosova today Why some US states are loosening child 3 00:00:14,840 --> 00:00:28,400 Speaker 1: labor laws. For quite some time now, owners of retail stores, 4 00:00:28,480 --> 00:00:32,680 Speaker 1: fast food joints and restaurants, and other businesses have complained 5 00:00:32,720 --> 00:00:36,160 Speaker 1: that the tight labor market means they can't find enough 6 00:00:36,240 --> 00:00:39,560 Speaker 1: people willing to work for the low pay and often 7 00:00:39,720 --> 00:00:43,720 Speaker 1: poor benefits these kinds of jobs sometimes offer. Now, several 8 00:00:43,800 --> 00:00:48,440 Speaker 1: US states are responding by easing up on child labor laws. 9 00:00:48,560 --> 00:00:52,880 Speaker 1: Laws intended to protect teenagers by limiting the hours employers 10 00:00:52,920 --> 00:00:56,000 Speaker 1: can schedule them to work and the kinds of jobs 11 00:00:56,080 --> 00:00:59,480 Speaker 1: they can hire them to do. Tuesday afternoon, Governor sanders 12 00:00:59,480 --> 00:01:01,720 Speaker 1: Son House Bill fourteen ten into law. 13 00:01:01,880 --> 00:01:05,039 Speaker 2: House Bill fourteen ten relates to the work permit that 14 00:01:05,200 --> 00:01:08,120 Speaker 2: is required for an individual under sixteen years of age 15 00:01:08,400 --> 00:01:09,480 Speaker 2: when they want to get a job. 16 00:01:09,760 --> 00:01:12,640 Speaker 3: Kids under sixteen would be able to work six hours 17 00:01:12,680 --> 00:01:15,440 Speaker 3: a day instead of four, and sixteen and seventeen year 18 00:01:15,480 --> 00:01:18,040 Speaker 3: olds would be able to work the same hours as adults. 19 00:01:18,319 --> 00:01:22,040 Speaker 3: Jessica Dunker with the Iowa Restaurants Association argues those changes 20 00:01:22,080 --> 00:01:24,480 Speaker 3: will help businesses and Iowa teens. 21 00:01:25,160 --> 00:01:28,640 Speaker 1: This has been controversial, to say the least, but it's 22 00:01:28,680 --> 00:01:31,480 Speaker 1: not the first time we've seen political pressure to put 23 00:01:31,560 --> 00:01:33,120 Speaker 1: young people back to work. 24 00:01:33,360 --> 00:01:36,840 Speaker 2: The issue of child labor was way more contentious historically 25 00:01:36,959 --> 00:01:38,800 Speaker 2: than most people realize. 26 00:01:39,080 --> 00:01:42,160 Speaker 1: That's historian doctor Betsy Woods. She's written a book about 27 00:01:42,240 --> 00:01:45,280 Speaker 1: child labor in America, and I talk with her a 28 00:01:45,319 --> 00:01:49,240 Speaker 1: bit later in the show. First reporters Rebecca Rainey and 29 00:01:49,360 --> 00:01:52,600 Speaker 1: Chris Marr tell us where this is happening and how 30 00:01:52,640 --> 00:01:57,640 Speaker 1: it's playing out. Chris was starting to see several states 31 00:01:57,640 --> 00:02:00,559 Speaker 1: passing these laws that are loosening restrictions on child labor. 32 00:02:00,560 --> 00:02:01,640 Speaker 1: What exactly is happening. 33 00:02:02,160 --> 00:02:04,200 Speaker 4: A lot of the bills are along the lines of 34 00:02:04,800 --> 00:02:07,680 Speaker 4: letting fourteen and fifteen year olds work later hours on 35 00:02:07,760 --> 00:02:11,880 Speaker 4: a school night, or eliminating a special work permit requirement 36 00:02:12,120 --> 00:02:14,480 Speaker 4: for workers under sixteen. And that's the bill that we 37 00:02:14,560 --> 00:02:18,359 Speaker 4: saw Arkansas actually pass and the governor sign a few 38 00:02:18,400 --> 00:02:18,920 Speaker 4: weeks ago. 39 00:02:19,320 --> 00:02:20,200 Speaker 1: There's at least. 40 00:02:20,000 --> 00:02:22,880 Speaker 4: One bill out there in Iowa that's maybe a little 41 00:02:22,919 --> 00:02:25,840 Speaker 4: broader and more concerning from the sort of child safety 42 00:02:25,880 --> 00:02:28,840 Speaker 4: advocates perspective, and that bill would loosen a lot of 43 00:02:28,840 --> 00:02:32,959 Speaker 4: different kinds of child labor restrictions. Do things like let 44 00:02:32,960 --> 00:02:37,640 Speaker 4: teenage apprentices work certain manufacturing and warehouse jobs and lessen 45 00:02:37,720 --> 00:02:42,800 Speaker 4: the potential liability for businesses if an underage worker is injured, 46 00:02:43,720 --> 00:02:46,720 Speaker 4: and let sixteen and seventeen year olds serve alcohol, which 47 00:02:46,760 --> 00:02:49,720 Speaker 4: is normally reserved for workers who are eighteen and up. 48 00:02:50,040 --> 00:02:52,440 Speaker 4: So that's probably the one that has gotten the most 49 00:02:52,440 --> 00:02:55,840 Speaker 4: attention from folks that are concerned about child safety in 50 00:02:55,880 --> 00:02:56,480 Speaker 4: the workplace. 51 00:02:57,080 --> 00:03:00,840 Speaker 1: And some of these bills also allow so kids to 52 00:03:01,120 --> 00:03:04,400 Speaker 1: work late night shifts, is that right, and work in 53 00:03:04,400 --> 00:03:07,760 Speaker 1: industries that are considered to be more dangerous than kids 54 00:03:07,800 --> 00:03:08,960 Speaker 1: are usually allowed to work in. 55 00:03:09,639 --> 00:03:12,240 Speaker 4: The Iowa bill is really the one that changes which 56 00:03:12,280 --> 00:03:15,679 Speaker 4: industries kids are allowed to work in, and that's one 57 00:03:15,680 --> 00:03:18,160 Speaker 4: that has moved through the state Senate, still waiting for 58 00:03:18,200 --> 00:03:21,600 Speaker 4: a final state House vote, although that could come any day. 59 00:03:22,040 --> 00:03:24,320 Speaker 4: There was another bill in Minnesota that would let I 60 00:03:24,360 --> 00:03:27,360 Speaker 4: think sixteen and seventeen year olds work in construction, probably 61 00:03:27,440 --> 00:03:30,200 Speaker 4: less likely to pass this year since that's a Republican 62 00:03:30,280 --> 00:03:32,880 Speaker 4: sponsored bill and a Democratic majority legislature. 63 00:03:32,960 --> 00:03:36,440 Speaker 1: Now, Rebecca, what does the federal law say about what 64 00:03:36,600 --> 00:03:38,160 Speaker 1: kids can and can't do? 65 00:03:39,440 --> 00:03:42,920 Speaker 5: That's actually something really interesting. Some of these bills will 66 00:03:43,000 --> 00:03:45,840 Speaker 5: run a foul of federal labor law. And so what 67 00:03:45,920 --> 00:03:51,960 Speaker 5: that means is basically, states are telling employers to follow 68 00:03:52,080 --> 00:03:55,080 Speaker 5: rules that are weaker than those at the federal level, 69 00:03:55,160 --> 00:03:59,080 Speaker 5: meaning that while state enforcers may not come in and police, 70 00:03:59,640 --> 00:04:02,680 Speaker 5: you know, the rules, it's going to be up to 71 00:04:02,800 --> 00:04:06,240 Speaker 5: the federal government itself to make sure that those employers 72 00:04:06,240 --> 00:04:09,440 Speaker 5: are following the rules. And that goes into a whole 73 00:04:09,480 --> 00:04:13,480 Speaker 5: other issue of where the federal government's agency that's required 74 00:04:13,520 --> 00:04:18,039 Speaker 5: to police these issues is extremely underfunded and understaffed. But 75 00:04:18,320 --> 00:04:20,919 Speaker 5: just to go back to some of the federal rules 76 00:04:20,960 --> 00:04:24,919 Speaker 5: so that we're reminded, so the US Labor departments Wage 77 00:04:24,920 --> 00:04:27,560 Speaker 5: an Hour Division is the subagency that is in charge 78 00:04:27,600 --> 00:04:31,679 Speaker 5: of enforcing all sorts of laws under the Fair Labor 79 00:04:31,720 --> 00:04:37,080 Speaker 5: Standards Act, which includes prohibitions on the kinds of jobs 80 00:04:37,120 --> 00:04:40,560 Speaker 5: and work that kids can do. All sorts of federal 81 00:04:40,600 --> 00:04:44,679 Speaker 5: limits set to protect kids, especially fourteen and fifteen year olds, 82 00:04:44,680 --> 00:04:49,360 Speaker 5: from working in dangerous conditions. Child labor laws usually specifically 83 00:04:50,000 --> 00:04:53,320 Speaker 5: limit where kids can work, what types of jobs they 84 00:04:53,360 --> 00:04:56,200 Speaker 5: can do, and the hours that they can work. Usually 85 00:04:56,240 --> 00:04:59,560 Speaker 5: fourteen and fifteen year olds have more restrictions when it 86 00:04:59,600 --> 00:05:02,000 Speaker 5: comes to hours. Some things that may be surprising for 87 00:05:02,080 --> 00:05:05,280 Speaker 5: folks is that it's illegal for fourteen and fifteen year 88 00:05:05,320 --> 00:05:08,159 Speaker 5: olds to work more than three hours on a school 89 00:05:08,240 --> 00:05:11,640 Speaker 5: day or past seven pm on a school day that 90 00:05:11,680 --> 00:05:15,440 Speaker 5: includes Fridays, and during the summer they are allowed to 91 00:05:15,480 --> 00:05:19,200 Speaker 5: work after nine pm. But you know, again, some of 92 00:05:19,240 --> 00:05:23,320 Speaker 5: these time limits may not be very obvious. Also, when 93 00:05:23,360 --> 00:05:27,120 Speaker 5: I talk about places that kids shouldn't be in, for example, 94 00:05:27,279 --> 00:05:31,880 Speaker 5: there's just something that they call hazardous occupation orders that say, okay, 95 00:05:32,000 --> 00:05:35,839 Speaker 5: kids can't work with certain types of dangerous machinery. For example, 96 00:05:36,440 --> 00:05:39,839 Speaker 5: kids aren't supposed to be in manufacturing facilities or in 97 00:05:39,880 --> 00:05:43,640 Speaker 5: meatpacking plants where there's these large pieces of equipment that 98 00:05:43,720 --> 00:05:48,279 Speaker 5: could tip over that could potentially harm them, even things 99 00:05:48,400 --> 00:05:52,279 Speaker 5: like meat slicers. We also recently saw a case brought 100 00:05:52,400 --> 00:05:54,719 Speaker 5: by the Wage an Hour Division involving a fast food 101 00:05:54,800 --> 00:05:57,800 Speaker 5: chain where a kid was working with a deep fryer 102 00:05:58,200 --> 00:05:59,760 Speaker 5: and suffered from deep frier burns. 103 00:06:01,760 --> 00:06:06,360 Speaker 1: Chris, how is it that state laws can violate a 104 00:06:06,400 --> 00:06:07,560 Speaker 1: federal law? Why is that a lot? 105 00:06:09,240 --> 00:06:12,599 Speaker 4: That's a good question. It's not really allowed, but some 106 00:06:12,640 --> 00:06:14,560 Speaker 4: states will try to do it anyway. And I guess 107 00:06:14,560 --> 00:06:16,479 Speaker 4: we see this on a lot of different areas of 108 00:06:16,480 --> 00:06:19,680 Speaker 4: policy where states will maybe try to push the envelope. 109 00:06:20,680 --> 00:06:23,279 Speaker 4: So basically what would happen there is federal law would 110 00:06:23,320 --> 00:06:28,120 Speaker 4: override the state. There would be a few businesses, some 111 00:06:28,279 --> 00:06:30,920 Speaker 4: very small businesses, that are not covered by the Fair 112 00:06:31,000 --> 00:06:34,520 Speaker 4: Labor Standards Act, which is the federal law, and so 113 00:06:34,760 --> 00:06:37,200 Speaker 4: in that case they would revert to the state law, 114 00:06:37,400 --> 00:06:40,440 Speaker 4: and those businesses actually could have the fourteen and fifteen 115 00:06:40,480 --> 00:06:43,520 Speaker 4: year olds working until nine. But another piece of this 116 00:06:43,640 --> 00:06:47,080 Speaker 4: that we've heard in our reporting is that some of 117 00:06:47,160 --> 00:06:50,200 Speaker 4: this may be strategic on the part of business and 118 00:06:50,240 --> 00:06:53,600 Speaker 4: industry groups that want to be able to have more 119 00:06:54,080 --> 00:06:58,240 Speaker 4: younger workers in their restaurants and retail jobs, for example, 120 00:06:58,600 --> 00:07:00,440 Speaker 4: with the goal of saying, hey, if we get out 121 00:07:00,440 --> 00:07:02,640 Speaker 4: there and maybe we can get five or ten states 122 00:07:03,200 --> 00:07:06,920 Speaker 4: to pass these looser restrictions, then we could use that 123 00:07:06,960 --> 00:07:10,640 Speaker 4: as leverage to kind of pressure Congress, maybe not this Congress, 124 00:07:10,680 --> 00:07:13,480 Speaker 4: maybe a future Congress, to say, hey, why don't we 125 00:07:13,840 --> 00:07:16,280 Speaker 4: do the same thing at the federal level and actually 126 00:07:16,280 --> 00:07:17,680 Speaker 4: relax those federal laws. 127 00:07:18,320 --> 00:07:22,240 Speaker 5: There's plenty of ways for people to get around these 128 00:07:22,280 --> 00:07:27,520 Speaker 5: federal rules when states weaken these laws. While the Feds 129 00:07:27,920 --> 00:07:30,320 Speaker 5: may be able to come in and target some of 130 00:07:30,360 --> 00:07:32,239 Speaker 5: these larger businesses that aren't exempt. 131 00:07:32,480 --> 00:07:34,760 Speaker 1: There's also a whole patchwork. 132 00:07:34,280 --> 00:07:36,240 Speaker 5: Of exemptions that they have to navigate through. 133 00:07:36,920 --> 00:07:40,360 Speaker 1: You mentioned, Chris that industries are pushing for this. What 134 00:07:40,520 --> 00:07:45,320 Speaker 1: industries in particular want to be able to hire younger kids. 135 00:07:46,000 --> 00:07:48,960 Speaker 4: With the Iowa bill in particular, there were some state 136 00:07:49,040 --> 00:07:53,400 Speaker 4: retail and restaurant associations that were advocating for it. There 137 00:07:53,480 --> 00:07:56,600 Speaker 4: was actually a federal bill proposed last year in the 138 00:07:56,640 --> 00:08:01,120 Speaker 4: previous Congress that would do similar things along the lines 139 00:08:01,160 --> 00:08:04,080 Speaker 4: of letting teenagers work later hours on school nights and 140 00:08:04,160 --> 00:08:07,080 Speaker 4: work more hours during the week during the school year, 141 00:08:07,760 --> 00:08:10,280 Speaker 4: and in that case it was advocated by the National 142 00:08:10,280 --> 00:08:13,480 Speaker 4: Restaurant Association. I think a lot of it is pushed 143 00:08:13,520 --> 00:08:16,480 Speaker 4: by restaurant in retail, but certainly not just that. The 144 00:08:16,520 --> 00:08:21,000 Speaker 4: Ohio bill is advocated by the National Federation of Independent Business, 145 00:08:21,520 --> 00:08:24,640 Speaker 4: which is a small business advocacy group that spans all 146 00:08:24,640 --> 00:08:25,520 Speaker 4: different industries. 147 00:08:26,280 --> 00:08:29,080 Speaker 1: Rebecca, I suppose it's no coincidence that some of the 148 00:08:29,080 --> 00:08:30,720 Speaker 1: industry is pushing for this are the ones that are 149 00:08:30,760 --> 00:08:36,040 Speaker 1: having trouble finding people willing to work these low wage 150 00:08:36,120 --> 00:08:39,960 Speaker 1: jobs in a tight labor market, and are thinking that 151 00:08:40,480 --> 00:08:42,840 Speaker 1: teenagers are a good way to fill in. 152 00:08:43,640 --> 00:08:45,640 Speaker 5: When we read some of these stories, even the most 153 00:08:45,679 --> 00:08:50,000 Speaker 5: egregious cases, a lot of these kids say they want 154 00:08:50,000 --> 00:08:54,160 Speaker 5: to be working. Sometimes kids don't have any other choice 155 00:08:54,160 --> 00:08:57,720 Speaker 5: but to help feed their family in addition to going 156 00:08:57,760 --> 00:09:03,920 Speaker 5: to school. So there's lots of layers to why this 157 00:09:04,080 --> 00:09:07,760 Speaker 5: is happening. I think when it comes to the labor 158 00:09:07,800 --> 00:09:12,040 Speaker 5: market question, a lot of unions and labor advocates will 159 00:09:12,080 --> 00:09:15,160 Speaker 5: say that if companies are struggling to find workers, they 160 00:09:15,200 --> 00:09:19,760 Speaker 5: should raise wages. But as we all know, with inflation, 161 00:09:20,160 --> 00:09:24,000 Speaker 5: it's not always easy for a company to be willing 162 00:09:24,080 --> 00:09:26,440 Speaker 5: to sacrifice the bottom line in that way. 163 00:09:26,920 --> 00:09:30,320 Speaker 4: You know, we've seen some pretty egregious violations reported, like 164 00:09:30,360 --> 00:09:34,959 Speaker 4: this case of the Packers Sanitation company that had kids 165 00:09:35,000 --> 00:09:38,160 Speaker 4: going in and cleaning meat packing plants and ended up 166 00:09:38,160 --> 00:09:40,839 Speaker 4: facing a one and a half million dollar fine from 167 00:09:40,880 --> 00:09:43,720 Speaker 4: the Labor Department for that. And I think it's going 168 00:09:43,760 --> 00:09:46,040 Speaker 4: to be interesting to watch going forward whether we might 169 00:09:46,120 --> 00:09:50,800 Speaker 4: see some response from states in the other direction, maybe 170 00:09:50,840 --> 00:09:53,920 Speaker 4: not this year, maybe in future legislative sessions, but to 171 00:09:54,000 --> 00:09:58,280 Speaker 4: strengthen their own enforcement efforts around child labor violations. 172 00:10:00,520 --> 00:10:03,840 Speaker 1: And I should say Packers Sanitation Services says they have 173 00:10:03,920 --> 00:10:07,880 Speaker 1: a zero tolerance policy against employing anyone under the age 174 00:10:07,880 --> 00:10:10,319 Speaker 1: of eighteen, and they say they're fully committed to working 175 00:10:10,440 --> 00:10:13,280 Speaker 1: with the Department of Labor to make additional improvements to 176 00:10:13,520 --> 00:10:17,720 Speaker 1: enforce that prohibition. When we come back why it's not 177 00:10:17,880 --> 00:10:30,120 Speaker 1: always easy to police child labor laws, Chris, Is this 178 00:10:30,200 --> 00:10:34,000 Speaker 1: something that's happening more in red states and blue states 179 00:10:34,240 --> 00:10:37,200 Speaker 1: or is this a trend that's happening around the country 180 00:10:37,360 --> 00:10:39,280 Speaker 1: no matter who's running a state. 181 00:10:40,000 --> 00:10:43,120 Speaker 4: I think a lot of the proposals we're seeing that 182 00:10:43,160 --> 00:10:47,760 Speaker 4: would relax child labor restrictions do tend to be in 183 00:10:47,880 --> 00:10:54,480 Speaker 4: red states Republican majority legislatures Iowa, Arkansas, Ohio, among others. 184 00:10:55,040 --> 00:10:57,720 Speaker 1: How exactly are these laws enforced? What is the federal 185 00:10:57,760 --> 00:11:00,079 Speaker 1: government supposed to do, what are the states supposed to do, 186 00:11:00,160 --> 00:11:02,040 Speaker 1: and what are businesses supposed to do? 187 00:11:03,440 --> 00:11:07,400 Speaker 5: When it comes to actually going and slapping someone on 188 00:11:07,440 --> 00:11:10,640 Speaker 5: the wrist for a violation, people will send complaints into 189 00:11:10,679 --> 00:11:14,400 Speaker 5: the agency, or they would see it during an investigation. 190 00:11:14,720 --> 00:11:19,640 Speaker 5: Perhaps they were referred by another federal agency. Like in meatpacking, 191 00:11:19,679 --> 00:11:22,600 Speaker 5: for example, there's a lot of food safety inspectors who 192 00:11:22,679 --> 00:11:25,240 Speaker 5: will be in there more often than the Department of Labor. 193 00:11:25,720 --> 00:11:28,200 Speaker 5: If someone is in the door, sometimes they can say, Hey, 194 00:11:28,760 --> 00:11:30,880 Speaker 5: that person looks really young and maybe they shouldn't be 195 00:11:30,880 --> 00:11:33,440 Speaker 5: working here. I'm gonna let the Wage hour Division know. 196 00:11:34,080 --> 00:11:37,960 Speaker 5: But the problem is the wage in our division is 197 00:11:38,160 --> 00:11:43,160 Speaker 5: extremely understaffed and underfunded. The last time I checked with 198 00:11:43,240 --> 00:11:45,840 Speaker 5: the agency, they said they had seven hundred and ninety 199 00:11:45,880 --> 00:11:50,600 Speaker 5: four investigators to cover more than nine point eight million 200 00:11:50,640 --> 00:11:54,760 Speaker 5: workplaces in the United States. So a lot of times 201 00:11:55,080 --> 00:12:00,440 Speaker 5: these investigations happen when a catastrophe happens. You know the 202 00:12:00,480 --> 00:12:03,000 Speaker 5: case that we saw with packer sanitation and the children 203 00:12:03,040 --> 00:12:07,000 Speaker 5: working overnight in the meatpacking plants. It was teachers who said, 204 00:12:07,200 --> 00:12:09,559 Speaker 5: we have kids who are falling asleep in class, are 205 00:12:09,559 --> 00:12:13,440 Speaker 5: not showing up to school. Sometimes not until the violation 206 00:12:13,679 --> 00:12:17,000 Speaker 5: happens that the federal government gets itself in the door. 207 00:12:17,120 --> 00:12:22,600 Speaker 4: Unfortunately, states can and do sometimes do their own enforcement 208 00:12:22,640 --> 00:12:27,160 Speaker 4: around child labor violations. But how robust that labor enforcement 209 00:12:27,240 --> 00:12:30,000 Speaker 4: is at the state level varies pretty widely from state 210 00:12:30,040 --> 00:12:33,400 Speaker 4: to state and even then across the board. As with 211 00:12:33,440 --> 00:12:38,280 Speaker 4: the federal agency, the state agencies are chronically underfunded, and 212 00:12:38,320 --> 00:12:41,360 Speaker 4: even the funding and positions that are available. A lot 213 00:12:41,360 --> 00:12:44,480 Speaker 4: of states had trouble keeping those filled and have continued 214 00:12:44,559 --> 00:12:47,840 Speaker 4: having trouble filling them since the pandemic. I would just 215 00:12:47,960 --> 00:12:51,480 Speaker 4: add on the earlier question about red states and blue states. 216 00:12:52,320 --> 00:12:55,040 Speaker 4: It was interesting to see that Arkansas, in addition to 217 00:12:55,080 --> 00:12:58,199 Speaker 4: the bill to eliminate work permits, came back a few 218 00:12:58,240 --> 00:13:01,160 Speaker 4: weeks later and enacted a separate build to increase the 219 00:13:01,200 --> 00:13:04,959 Speaker 4: penalties for child labor violations. It's a case where the 220 00:13:05,000 --> 00:13:07,040 Speaker 4: state sort of went both ways this year. 221 00:13:08,920 --> 00:13:12,559 Speaker 1: In the case of say Arkansas, where the governors or 222 00:13:12,800 --> 00:13:15,120 Speaker 1: Hockey Sanders made a big point of saying, we're no 223 00:13:15,160 --> 00:13:19,600 Speaker 1: longer going to require you to provide proof of someone's age. 224 00:13:20,040 --> 00:13:22,800 Speaker 1: Does that kind of send a message to employers that 225 00:13:22,960 --> 00:13:25,120 Speaker 1: are not really going to be looking so closely at this. 226 00:13:25,880 --> 00:13:27,680 Speaker 4: And that's the point that I think a lot of 227 00:13:27,840 --> 00:13:31,800 Speaker 4: sort of child safety and labor advocates made about that bill. 228 00:13:32,520 --> 00:13:34,240 Speaker 4: You know, the supporters of the bill said, well, this 229 00:13:34,320 --> 00:13:36,560 Speaker 4: is just paperwork. We're just getting rid of some government 230 00:13:36,640 --> 00:13:39,240 Speaker 4: or red tape. If teenagers want to work and their 231 00:13:39,280 --> 00:13:41,400 Speaker 4: parents are okay with them working, why should they have 232 00:13:41,440 --> 00:13:44,280 Speaker 4: to fill out more paperwork from the government. But the 233 00:13:44,280 --> 00:13:46,840 Speaker 4: advocates on the other side said, well, this is a check, 234 00:13:46,920 --> 00:13:49,920 Speaker 4: This is a way of having some proof that we 235 00:13:50,040 --> 00:13:52,840 Speaker 4: know how old this person is, we know what they're 236 00:13:52,840 --> 00:13:54,800 Speaker 4: allowed to do on the job and what they're not 237 00:13:54,840 --> 00:13:57,000 Speaker 4: allowed to do, and how late they're allowed to work. 238 00:13:57,400 --> 00:14:00,600 Speaker 4: So yeah, I think that's a concern for the safety 239 00:14:00,640 --> 00:14:03,560 Speaker 4: advocates that yeah, maybe it does send that message that 240 00:14:03,800 --> 00:14:06,040 Speaker 4: the state's not really going to be watching that closely. 241 00:14:06,720 --> 00:14:10,480 Speaker 1: Rebecca. Let's say everyone's doing their job the way they're 242 00:14:10,480 --> 00:14:14,679 Speaker 1: supposed to do and federal inspectors with a Wage an 243 00:14:14,679 --> 00:14:18,760 Speaker 1: Hour's Division or a state investigator finds out that there's 244 00:14:18,800 --> 00:14:21,960 Speaker 1: a child labor violation. What happens from there? 245 00:14:23,400 --> 00:14:26,320 Speaker 5: I know on the federal level, it would start an 246 00:14:26,400 --> 00:14:30,120 Speaker 5: investigation by the Wage an Hour Division. They would audit 247 00:14:30,280 --> 00:14:35,720 Speaker 5: their books, request how they sought proof of age, how 248 00:14:35,760 --> 00:14:37,920 Speaker 5: long this person had been working for them, also so 249 00:14:38,000 --> 00:14:41,840 Speaker 5: that they can calculate potential penalties, that sort of thing. 250 00:14:42,320 --> 00:14:45,280 Speaker 5: There's different levels of violations that could be found as well. 251 00:14:45,640 --> 00:14:49,080 Speaker 5: If a company is found to be willfully violating the 252 00:14:49,160 --> 00:14:53,480 Speaker 5: law is very aware if they've had previous violations, the 253 00:14:53,520 --> 00:14:55,840 Speaker 5: penalties that they can face can be much higher. 254 00:14:56,760 --> 00:14:58,280 Speaker 1: What are the penalties, like what does this. 255 00:14:58,680 --> 00:15:00,960 Speaker 5: So this is an issue the Apartment of Labor and 256 00:15:01,000 --> 00:15:06,400 Speaker 5: the Biden administration has said is making their enforcement abilities 257 00:15:06,600 --> 00:15:11,600 Speaker 5: harder because the maximum civil monetary penalty for a child 258 00:15:11,680 --> 00:15:15,400 Speaker 5: labor violation right now is a little over fifteen thousand 259 00:15:15,440 --> 00:15:19,160 Speaker 5: dollars per child, which you know, officials believe is just 260 00:15:19,600 --> 00:15:21,800 Speaker 5: not enough of a deterrent. And that's something that the 261 00:15:21,800 --> 00:15:25,840 Speaker 5: Biden administration has requested Congress change. They want not only 262 00:15:25,920 --> 00:15:29,280 Speaker 5: more funding for their enforcement, but they also want them 263 00:15:29,320 --> 00:15:32,600 Speaker 5: to pass legislation to increase these monetary penalty amounts. 264 00:15:34,640 --> 00:15:38,840 Speaker 1: Chris, what is the argument that people in favor of 265 00:15:39,000 --> 00:15:40,920 Speaker 1: listening to these laws are making? 266 00:15:41,720 --> 00:15:46,720 Speaker 4: Business groups and mostly but not entirely Republican lawmakers sort 267 00:15:46,720 --> 00:15:49,760 Speaker 4: of make the argument that work experience is valuable and 268 00:15:49,840 --> 00:15:52,560 Speaker 4: if a fifteen year old wants to work a few 269 00:15:52,560 --> 00:15:55,720 Speaker 4: hours on a school night, you know, scooping popcorn at 270 00:15:55,760 --> 00:15:59,200 Speaker 4: the movie theater or whatever it might be, that's valuable 271 00:15:59,240 --> 00:16:01,240 Speaker 4: life experience. It's a way to earn a little money. 272 00:16:01,760 --> 00:16:05,520 Speaker 4: Presumably they're there with their parents' permission, although not every 273 00:16:05,520 --> 00:16:09,160 Speaker 4: state requires that. There's documentation of that. And some of 274 00:16:09,200 --> 00:16:10,920 Speaker 4: these folks have said to me Hey, look, this is 275 00:16:10,960 --> 00:16:14,640 Speaker 4: not really fair that we're sort of getting lumped in 276 00:16:14,720 --> 00:16:19,280 Speaker 4: with this case of kids cleaning meat packing plants using 277 00:16:19,360 --> 00:16:21,880 Speaker 4: caustic chemicals. You know, this is not the kind of 278 00:16:21,880 --> 00:16:24,880 Speaker 4: thing we're advocating for. We agree that that's wrong and 279 00:16:24,920 --> 00:16:28,080 Speaker 4: that's illegal, and those companies should face penalties for it. 280 00:16:28,640 --> 00:16:31,600 Speaker 4: But we're talking about, you know, letting teenagers work until 281 00:16:31,680 --> 00:16:35,600 Speaker 4: nine pm or sort of cutting out the permit application 282 00:16:35,760 --> 00:16:39,800 Speaker 4: process for teenagers who want to work, and so parental 283 00:16:39,880 --> 00:16:43,080 Speaker 4: rights is a piece of that too. In Arkansas in particular, 284 00:16:43,200 --> 00:16:45,640 Speaker 4: where the legislature enacted this law to get rid of 285 00:16:45,680 --> 00:16:49,560 Speaker 4: the work permit requirement, state lawmakers pointed out, look, if 286 00:16:49,920 --> 00:16:51,800 Speaker 4: parents want to let their kids work, and the kids 287 00:16:51,800 --> 00:16:55,120 Speaker 4: want to work, then why should the state be in 288 00:16:55,160 --> 00:16:57,360 Speaker 4: the way to sort of put up this additional red 289 00:16:57,400 --> 00:16:58,840 Speaker 4: tape and say, well, you have to go through this 290 00:16:58,880 --> 00:17:00,160 Speaker 4: permitting process. 291 00:16:59,760 --> 00:17:03,080 Speaker 1: To do it, Rebecca, so far, we're seeing this happen 292 00:17:03,160 --> 00:17:05,720 Speaker 1: in really just a handful of states. When you look 293 00:17:05,800 --> 00:17:07,800 Speaker 1: down the road, you cover this all the time, what 294 00:17:07,880 --> 00:17:09,399 Speaker 1: do you see. Do you think that we're going to 295 00:17:09,480 --> 00:17:11,840 Speaker 1: start to see this expand I. 296 00:17:11,800 --> 00:17:16,359 Speaker 5: Would say no, and that is because the heightened scrutiny. 297 00:17:16,440 --> 00:17:20,199 Speaker 5: We have seen of these types of cases when it 298 00:17:20,280 --> 00:17:24,480 Speaker 5: comes to various child labor violations, But when it comes 299 00:17:24,560 --> 00:17:31,000 Speaker 5: to Congress actually moving in this direction of loosening laws, 300 00:17:31,400 --> 00:17:34,879 Speaker 5: I would predict that we would see things go actually 301 00:17:34,880 --> 00:17:38,479 Speaker 5: in the opposite direction, more protective of children if there 302 00:17:38,480 --> 00:17:42,960 Speaker 5: were any policy changes in DC. However, we do have 303 00:17:43,000 --> 00:17:46,199 Speaker 5: an election coming up, and there's always the potential for 304 00:17:46,240 --> 00:17:48,879 Speaker 5: things to change, the makeup in Congress to change, So, 305 00:17:49,560 --> 00:17:52,480 Speaker 5: you know, I think Chris is right in saying that 306 00:17:52,760 --> 00:17:56,280 Speaker 5: states are maybe planning the seeds for a future administration 307 00:17:56,359 --> 00:17:59,840 Speaker 5: of future Congress to consider something like this, especially with 308 00:17:59,840 --> 00:18:01,600 Speaker 5: the state of the economy as it is. 309 00:18:02,359 --> 00:18:05,400 Speaker 1: Rebecca, Chris, thanks so much for coming on the show. 310 00:18:05,600 --> 00:18:08,520 Speaker 1: Thanks for having us, Thanks for having me when we 311 00:18:08,560 --> 00:18:11,159 Speaker 1: come back. The push to peel back child labor laws 312 00:18:11,480 --> 00:18:23,679 Speaker 1: is history repeating itself. Of course, we have heard this 313 00:18:23,760 --> 00:18:27,720 Speaker 1: story before, as doctor Betsy Wood can tell you. In fact, 314 00:18:27,760 --> 00:18:30,520 Speaker 1: she's gonna tell us. She is the author of Upon 315 00:18:30,600 --> 00:18:34,320 Speaker 1: the Altar of Work, Child Labor, and the Rise of 316 00:18:34,400 --> 00:18:37,879 Speaker 1: American Sectionalism, Doctor Wood, I think a lot of people 317 00:18:37,880 --> 00:18:41,680 Speaker 1: have been surprised by the sudden rise of these child 318 00:18:41,720 --> 00:18:45,719 Speaker 1: labor laws that are going into fact in different states 319 00:18:45,720 --> 00:18:49,520 Speaker 1: because for a long time the question about children working 320 00:18:49,600 --> 00:18:53,160 Speaker 1: had been settled, that it was something we didn't want. 321 00:18:54,280 --> 00:18:56,800 Speaker 2: I know, it seems that way, and I empathize with 322 00:18:56,840 --> 00:19:01,880 Speaker 2: the perspective. From an historical standpoint, isn't as surprising, and 323 00:19:01,920 --> 00:19:05,359 Speaker 2: that's simply because the issue of child labor was way 324 00:19:05,400 --> 00:19:09,840 Speaker 2: more contentious historically than most people realize. I think the 325 00:19:09,880 --> 00:19:13,440 Speaker 2: common assumption might be that child labor existed a long 326 00:19:13,480 --> 00:19:17,280 Speaker 2: time ago. Everyone knows that it was really awful, especially 327 00:19:17,320 --> 00:19:20,840 Speaker 2: in dangerous working conditions or in factories and coal mines 328 00:19:21,000 --> 00:19:23,800 Speaker 2: and things like that, and that the country came together 329 00:19:23,960 --> 00:19:28,680 Speaker 2: and realized that this wasn't okay and abolished it. That's 330 00:19:28,720 --> 00:19:32,160 Speaker 2: not really true. You know. What really happened is more 331 00:19:32,240 --> 00:19:35,639 Speaker 2: of a decades long battle that lasted for about one 332 00:19:35,680 --> 00:19:38,240 Speaker 2: hundred years, and I think I should say extends into 333 00:19:38,240 --> 00:19:42,040 Speaker 2: the present day. It wasn't over with the nineteen thirty 334 00:19:42,080 --> 00:19:45,000 Speaker 2: eight passage of the Federal Labor Standards Act that did 335 00:19:45,000 --> 00:19:48,320 Speaker 2: give us our first federal child labor law. The first 336 00:19:48,320 --> 00:19:50,840 Speaker 2: attempt at a federal child labor law was back in 337 00:19:50,960 --> 00:19:53,720 Speaker 2: nineteen o six and it failed, and there was another 338 00:19:53,760 --> 00:19:57,879 Speaker 2: attempt in nineteen sixteen. That also, I wouldn't say they failed. 339 00:19:57,880 --> 00:19:59,920 Speaker 2: It's more that the Supreme Court decided they weren't constant, 340 00:20:00,440 --> 00:20:03,320 Speaker 2: and there were just contentious battles where you know, parents 341 00:20:03,400 --> 00:20:06,120 Speaker 2: would take these laws to court and say this violated 342 00:20:06,200 --> 00:20:09,040 Speaker 2: their rights as parents, and the Supreme Court would agree 343 00:20:09,240 --> 00:20:13,240 Speaker 2: with them. I think the larger point is the issue 344 00:20:13,240 --> 00:20:17,960 Speaker 2: of child labor has always tapped into bigger debates in 345 00:20:18,040 --> 00:20:20,960 Speaker 2: American society, and I think that we're seeing that being 346 00:20:21,040 --> 00:20:25,000 Speaker 2: revived again today in a way that I would say 347 00:20:25,080 --> 00:20:28,240 Speaker 2: is kind of consistent with what has happened in the past. 348 00:20:29,040 --> 00:20:31,800 Speaker 1: And what is that consistency, What is the argument now? 349 00:20:32,320 --> 00:20:35,760 Speaker 2: To step back a little bit, business interests have always 350 00:20:35,760 --> 00:20:39,240 Speaker 2: sort of been at the heart of public debates over 351 00:20:39,400 --> 00:20:44,240 Speaker 2: child labors. So in the past, you had textile mills 352 00:20:44,440 --> 00:20:47,760 Speaker 2: in the South really relying on child labor in large 353 00:20:47,800 --> 00:20:51,280 Speaker 2: numbers when the South was just starting to be industrialized, 354 00:20:51,800 --> 00:20:54,199 Speaker 2: and so their arguments were that this was good for 355 00:20:54,240 --> 00:20:57,840 Speaker 2: the economy. Their arguments were that they were uplifting these 356 00:20:57,920 --> 00:21:00,399 Speaker 2: children and their families and giving them financial opportunity unities. 357 00:21:00,760 --> 00:21:03,679 Speaker 2: There were arguments about the moral value of labor, that 358 00:21:03,720 --> 00:21:07,080 Speaker 2: it teaches children important moral lessons that will help them 359 00:21:07,119 --> 00:21:10,560 Speaker 2: in life. And then there was a very effective argument 360 00:21:10,880 --> 00:21:14,879 Speaker 2: about parental rights that if there are disagreements about this 361 00:21:15,040 --> 00:21:17,680 Speaker 2: labor and how it affects children and what children need, 362 00:21:17,880 --> 00:21:20,040 Speaker 2: who should be the one deciding Should it be the 363 00:21:20,040 --> 00:21:22,720 Speaker 2: government that decides this or should it be parents that 364 00:21:22,800 --> 00:21:25,560 Speaker 2: decide this? And so the argument over parental rights is 365 00:21:25,680 --> 00:21:30,080 Speaker 2: ultimately the one that business interest, I think realized was 366 00:21:30,320 --> 00:21:35,120 Speaker 2: very effective in kind of pushing this framing of the issue. 367 00:21:35,520 --> 00:21:37,600 Speaker 2: That is the argument that was used back then, and 368 00:21:37,760 --> 00:21:41,880 Speaker 2: very strikingly I have seen that again today. It's similar 369 00:21:41,920 --> 00:21:43,600 Speaker 2: in a lot of ways. Not exactly because there's a 370 00:21:43,600 --> 00:21:45,879 Speaker 2: whole different framework in the nineteenth century, of course, but 371 00:21:45,920 --> 00:21:48,680 Speaker 2: I do see some resonances with the past. 372 00:21:48,920 --> 00:21:50,679 Speaker 1: Well, I think a lot of people listening to this 373 00:21:50,800 --> 00:21:53,840 Speaker 1: podcast had jobs when they were teenagers. I did. I 374 00:21:53,840 --> 00:21:56,360 Speaker 1: had my first job at McDonald's when I was fifteen, 375 00:21:56,560 --> 00:21:59,280 Speaker 1: and you know, it was a real character building exercise. 376 00:21:59,320 --> 00:22:01,159 Speaker 1: I liked the Arnie the extra money. 377 00:22:02,080 --> 00:22:03,880 Speaker 2: That is kind of what the Fair Labor Standards Act 378 00:22:03,960 --> 00:22:06,720 Speaker 2: was trying to accomplish in a way, was is this 379 00:22:07,119 --> 00:22:10,760 Speaker 2: labor appropriate? And so, for example, there's an emphasis on 380 00:22:11,080 --> 00:22:14,040 Speaker 2: dangerous occupations. There's an emphasis on what is the type 381 00:22:14,040 --> 00:22:16,879 Speaker 2: of labor that children are doing? You know, is it 382 00:22:16,960 --> 00:22:20,080 Speaker 2: something furthering, like when you're talking about your experience and 383 00:22:20,359 --> 00:22:22,800 Speaker 2: working at McDonald's. You know, this could be something that 384 00:22:23,200 --> 00:22:26,320 Speaker 2: the number of hours didn't interfere with the other pursuits 385 00:22:26,440 --> 00:22:28,919 Speaker 2: in your life and could have complimented what you were doing. 386 00:22:29,000 --> 00:22:31,200 Speaker 2: And so, you know, I think there is nuance there, 387 00:22:31,280 --> 00:22:34,200 Speaker 2: and I think what's happening now is just surprising because 388 00:22:34,480 --> 00:22:38,199 Speaker 2: it's a kind of aggressive attempt at rolling back protections 389 00:22:38,200 --> 00:22:40,200 Speaker 2: that haven't been touched in a long time. 390 00:22:40,840 --> 00:22:42,680 Speaker 1: These laws are coming up at a time when there's 391 00:22:42,680 --> 00:22:45,959 Speaker 1: a tight labor market, a lot of places are looking 392 00:22:46,000 --> 00:22:48,600 Speaker 1: for people to work in There's this big debate about 393 00:22:48,600 --> 00:22:50,760 Speaker 1: whether there's really a labor shortage or if there's just 394 00:22:50,800 --> 00:22:53,520 Speaker 1: a shortage of people willing to work those kinds of 395 00:22:53,600 --> 00:22:57,119 Speaker 1: jobs for low wages anymore when they have other opportunities. 396 00:22:57,200 --> 00:23:00,800 Speaker 1: And so now there's this idea that teenagers will do 397 00:23:00,840 --> 00:23:03,359 Speaker 1: those jobs and that you can pay them a lower wage. 398 00:23:03,840 --> 00:23:06,199 Speaker 2: This conversation could just as well have been happening in 399 00:23:06,200 --> 00:23:10,399 Speaker 2: the nineteen thirties, because during the Great Depression, you know, 400 00:23:10,480 --> 00:23:14,440 Speaker 2: the idea that jobs should be going any available jobs 401 00:23:14,520 --> 00:23:18,159 Speaker 2: should be going to children or to youth just started 402 00:23:18,160 --> 00:23:22,000 Speaker 2: to make no sense, and people were basically more likely 403 00:23:22,119 --> 00:23:25,360 Speaker 2: to say, well, in this instance, we need to make 404 00:23:25,400 --> 00:23:29,600 Speaker 2: sure that all available jobs that are full time, full 405 00:23:29,640 --> 00:23:33,320 Speaker 2: time employment need to be going to adult workers that 406 00:23:33,480 --> 00:23:38,399 Speaker 2: need these jobs. And so that moment actually really helped 407 00:23:38,440 --> 00:23:42,360 Speaker 2: the cause a lot in getting people to support federal 408 00:23:42,480 --> 00:23:45,480 Speaker 2: legislation to in child labor and for the Supreme Court 409 00:23:45,600 --> 00:23:49,359 Speaker 2: to finally go along with the constitutionality of this legislation. 410 00:23:51,760 --> 00:23:53,639 Speaker 1: As somebody who spends a lot of time looking in 411 00:23:53,640 --> 00:23:55,960 Speaker 1: the past, I'm and ask you to look into the future. 412 00:23:56,400 --> 00:23:58,960 Speaker 1: Do you think that this will gain kind of acceptance 413 00:23:59,000 --> 00:23:59,800 Speaker 1: and popularity. 414 00:24:00,280 --> 00:24:02,080 Speaker 2: Well, I don't know how good my crystal ball is, 415 00:24:02,280 --> 00:24:05,000 Speaker 2: but I would say I don't think we should ever 416 00:24:05,520 --> 00:24:08,720 Speaker 2: assume that we settled that and that one that's in 417 00:24:08,800 --> 00:24:11,480 Speaker 2: the dustbin of history. I don't think that we can 418 00:24:11,520 --> 00:24:14,960 Speaker 2: ever do that, really, even with something like this, Especially 419 00:24:14,960 --> 00:24:18,600 Speaker 2: maybe with something like this, My take would be typically 420 00:24:19,119 --> 00:24:23,640 Speaker 2: the side of protecting children from dangerous occupations and from 421 00:24:23,760 --> 00:24:27,919 Speaker 2: harmful labor tends to win. I think that that would 422 00:24:28,119 --> 00:24:30,360 Speaker 2: be the case, But I don't think that the opposition 423 00:24:30,400 --> 00:24:35,000 Speaker 2: should be underestimated anyway, because they have successfully managed to 424 00:24:35,480 --> 00:24:40,199 Speaker 2: defeat or weakend child labor laws in American history in 425 00:24:40,280 --> 00:24:43,760 Speaker 2: ways that are surprising. They were able to prevent a 426 00:24:43,840 --> 00:24:46,920 Speaker 2: child labor in the nineteen twenties that had very widespread 427 00:24:46,960 --> 00:24:50,840 Speaker 2: popular support that everyone thought was going to pass, and 428 00:24:51,359 --> 00:24:55,360 Speaker 2: it didn't because this opposition was very organized and very 429 00:24:55,400 --> 00:24:59,159 Speaker 2: effective in being able to rally just ordinary citizens on 430 00:24:59,200 --> 00:25:02,240 Speaker 2: the basis of of the government takeover of the family 431 00:25:02,640 --> 00:25:06,280 Speaker 2: and that parental rights are going to be interfered with. 432 00:25:06,920 --> 00:25:09,760 Speaker 2: So these kind of fear based arguments can be really, 433 00:25:10,240 --> 00:25:12,960 Speaker 2: really powerful. So I don't know, I guess I'm going 434 00:25:13,040 --> 00:25:14,600 Speaker 2: to say I'm fifty to fifty. 435 00:25:14,359 --> 00:25:18,200 Speaker 1: On it, Doctor Betsy would thanks so much for talking 436 00:25:18,240 --> 00:25:18,800 Speaker 1: with me today. 437 00:25:18,920 --> 00:25:20,360 Speaker 2: Thank you so much for having me. 438 00:25:21,400 --> 00:25:23,320 Speaker 1: Thanks for listening to us here at The Big Take. 439 00:25:23,359 --> 00:25:26,920 Speaker 1: It's a daily podcast from Bloomberg and iHeartRadio. For more 440 00:25:26,920 --> 00:25:31,040 Speaker 1: shows from iHeartRadio, visit the iHeartRadio app, Apple Podcasts, or 441 00:25:31,080 --> 00:25:33,800 Speaker 1: wherever you listen, and we'd love to hear from you. 442 00:25:33,880 --> 00:25:37,320 Speaker 1: Email us questions or comments to Big Take at Bloomberg 443 00:25:37,359 --> 00:25:40,919 Speaker 1: dot Net. The supervising producer of The Big Take is 444 00:25:41,040 --> 00:25:45,440 Speaker 1: Vicky Virgalina. Our senior producer is Catherine Fink. Rebecca Shasson 445 00:25:45,600 --> 00:25:50,320 Speaker 1: is our producer. Our associate producer is Sam Gobauer. Raphael M. 446 00:25:50,320 --> 00:25:53,959 Speaker 1: Seeley is our engineer. Our original music was composed by 447 00:25:54,040 --> 00:25:57,760 Speaker 1: Leo Sidrin. I'm West Kasova. We'll be back tomorrow with 448 00:25:57,880 --> 00:26:07,000 Speaker 1: another big take. Pun Ban pup, punt, bun bun bokar