The DOL’s new form aims to simplify the process of filing a child labor complaint

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Brief description of the dive:

The US Department of Labor has developed a new contact form for its Wage and Hour Division that should help streamline response to potential child labor issues and complaintsaccording to a notice published Friday in the Federal Register.
The announcement is a continuation June DOL announcement In which the agency said it began the process of developing such a form after discovering a “significant increase” in illegal child employment during the 2023 fiscal year. That year, the DOL reported a 14% year-over-year increase in child labor violations and assessed more than $8 million in fines, an 8% increase over the previous year.
The DOL invited public comment on the proposed new form. The deadline for submitting comments is 30 days from the date of publication of the notice.

Dive Insight:

During the Biden administration, child labor violations were one of the DOL’s most prominent areas. The agency issued a number of fines, in particular in the restaurant sector.

Last June, DOL fined a Blaze Pizza franchisee in Nevada $277,000 over allegations that the company illegally employed workers under the age of 18, including using prohibited equipment and violating work schedule restrictions at school parties. He fined Alabama franchisee Freddy’s Frozen Custard & Steakburgers over $119,000 after similar allegations were made against the company.

The agency also recently filed a lawsuit against child labor cleaning service, Florida water park and a manufacturing facility in Alabama for Hyundai, the latter of which allegedly worked together for 13 years who worked 50 to 60 hours a week.

In addition to fines resulting from investigations, the DOL has also changed its approach to assessing violations. In late 2023, civil penalties for minor injuries and child labor violations were announced. assessed on a per violation basis rather than on the basis previously used for each child element.

Fair Labor Standards Act the maximum legal limit for a child labor violation is $15,138 per violation, but the enhanced penalty provision, which applies to violations that cause the death or serious injury of a child, has a cap of $68,801 per violation. The agency issued over $15 million in fines for child labor violations during fiscal year 2024, an 89% increase from $8 million the previous year.

In contrast to the Biden administration’s strict enforcement of child labor laws, a number of states have repealed some child labor laws in recent years. While these measures are partly aimed at addressing the labor shortage, attorneys who previously spoke with HR Dive said warned employers to be careful potential conflicts between federal and state laws.