Preventing Exploitative Child Labor in Arkansas- Arkansas Can Once Again Lead on Child Labor Protections
Much has been researched and written about the benefits of part-time work for teenagers. Such jobs teach important lessons in personal finance, time management, and confidence. Teens learn job and professional skills, including networking and career exploration. Many teens who work feel more empowered and independent. When part-time work is balanced with schoolwork, teenagers often do better in the latter. However, if children are exploited in the workplace — by working long hours or in dangerous occupations, for example — educational development suffers, and they may be physically or emotionally harmed. Work experience is valuable, but we must protect children from hazardous situations.
For nearly a century, the federal Fair Labor Standards Act and a plethora of state laws have done much to prevent children from working in dangerous occupations and to prioritize their educational development. Surprisingly, these child labor protections are under attack in states around the country at the same time that child labor violations are increasing dramatically. Over the past decade, the number of minors involved in U.S. Department of Labor child labor violations increased by 400%.
Unfortunately, Arkansas has witnessed a 266% increase in the number of child labor violations identified by the Arkansas Department of Labor and Licensing over the past few years. When compared to surrounding states, Arkansas has some of the highest numbers of child labor cases investigated, violations, and minors involved, as well as financial penalties assigned.
Most child labor violations in Arkansas occur in the food service industry. In one of the most egregious recent investigations, a Benton restaurant owner is accused not only of hiring children in violation of state and federal labor laws, but also of sexually assaulting minors who worked for him. Last year, the U.S. Department of Labor investigated and fined a contractor for Tyson Foods and George’s Inc., both headquartered in Springdale, for child labor violations at their meat-processing plants.
In 2023, the Arkansas Legislature took a positive step by creating misdemeanor and felony criminal penalties and increasing the allowable dollar amount that can be awarded in civil penalties for child labor violations. However, that same year the legislature also rolled back an important protection. Employers are no longer mandated to obtain a permit, signed by a parent or guardian, to hire a worker younger than 16. This requirement had been in place since 1914, when the people of Arkansas voted overwhelmingly in favor of it and other policies to protect children. And in the year since the employment certificate mandate was repealed, state investigators have opened far fewer cases. While 38% of violations from 2020 through 2024 had involved a lack of employment certificate, 85% of cases with certificate violations also had other child labor violations, such as having minors work more hours than allowed by law. Without the certificates in place, we’re investigating fewer employers.
Arkansas was once a leader in protecting children in the workplace, enacting an innovative child labor law before most states and before it became federal law. But now we’re putting children in increasing danger. They still need protection, despite those who argue exploitative child labor is no longer a problem. There is much the state can do to protect our youngest citizens, and at the same time promote a healthy and educated Arkansas workforce.