Child Labor

Child Labor in the United States

Introduction

Meanwhile the industrial system developed in other countries, bringing with it abuses of child labor similar to those in Great Britain. In the early years of the 19th century children between the ages of 7 and 12 years made up one-third of the work force in U.S. factories. Read about Child Labor in the United States here. The shortage of adult male laborers, who were needed for agriculture, contributed to the exploitation of child laborers. In addition, the majority of adults, ostensively imbued with puritanical ideas regarding the evils of idleness among children, cooperated with employers, helping them to recruit young factory hands from indigent families.

Early Legislation

The earliest feature of the factory system that caused concern among community leaders was the high rate of illiteracy among child laborers. The first effective step toward legislation governing the education of these children was taken in 1836 when the Massachusetts Legislature adopted a law prohibiting the employment of any child under 15 years of age who had received less than three months of schooling in the previous year. In 1848 Pennsylvania became the first state to regulate the age levels of youth employed in silk, cotton, or woolen mills by establishing a minimum age of 12. Several other states also established minimum-age requirements, but none of the laws passed made provisions for establishing proof of the child’s age or for enforcement.

The length of the workday for children was the next feature of the factory system to be regulated by legislation. By 1853 several states had adopted a 10-hour workday for children under 12 years of age. Despite these restrictions, the number of children in industry increased greatly in the U.S. after the American Civil War, when industrial expansion resulted in unprecedented demand for workers. By the end of the 19th century nearly one-fifth of all American children between the ages of 10 and 16 were gainfully employed. By 1910, however, as the result of the public-enlightenment activities of various organizations, notably the National Child Labor Committee, the legislatures of several states had enacted restrictive legislation that led to sharp reductions in the number of children employed in industry.

Because of the lack of uniformity in child-labor standards established in the various states, a condition that placed industries in states with relatively high standards in a disadvantageous competitive position, the U.S. Congress, in 1916, passed a law that set a national minimum age of 14 in industries producing nonagricultural goods for interstate commerce or for export.

In 1918, however, the U.S. Supreme Court ruled, in a 5-4 decision, that the legislation was an unconstitutional infringement on personal freedom. Another child-labor law, enacted in 1918, was also declared unconstitutional by the Supreme Court in 1922. In 1924 both houses of Congress passed an amendment to the U.S. Constitution, empowering Congress to limit, regulate, and prohibit the labor of persons under 18 years of age. The number of state legislatures that ratified the proposed amendment was 28, or 8 less than the 36 then required.

Federal Legislation

Despite the reluctance of state legislators to ratify the child-labor amendment, legislative attempts to deal with the problem nationally continued, notably during the administration of President Franklin D. Roosevelt. The National Industrial Recovery Act, passed by Congress in 1933, established a minimum age of 16 for workers in most industries. In hazardous industries a minimum age level of 18 was established.

This law contributed to a substantial decrease in the number of young workers, but the Supreme Court ruled the act unconstitutional in 1935 (see New Deal). In the next year Congress passed the Walsh-Healey Act, which prohibits firms producing goods under federal government contract from employing boys and girls under 16 years of age.

The next important legislation on the problem was the Fair Labor Standards Act of 1938, better known as the Federal Wage and Hour Law. This act was declared constitutional in 1941 by the Supreme Court, which thereby overruled its former child-labor decision under a more liberal interpretation of the commerce clause of the Constitution (Article I, Section 8).

The Fair Labor Standards Act, amended in 1949, applies to all workers engaged in interstate or foreign commerce. Under the child-labor provisions of the act, minors 16 years of age and over may be employed in any occupation that has not been judged hazardous by the secretary of labor. The minimum age for work in industries classified as hazardous is 18. No minimum age is set for nonhazardous agricultural employment after school hours and during vacation. Minors 14 and 15 years of age may be employed in a variety of nonmanufacturing, nonmining, and nonhazardous occupations outside school hours and during vacations for limited hours and under other specified conditions of work.

State Legislation

Every state today has child-labor laws. In most states employment of minors under 16 in factories and during school hours is prohibited. Other provisions include a 40-hour workweek, prohibition of night work, and work permits for minors under 18. Children working on farms are not completely protected by federal and state laws, which make no provisions for nonhazardous farm work outside school hours.

The children of migratory workers, who move from harvest to harvest across the United States, are usually not subject to state laws because they do not fulfill residency requirements, and they are often unable to attend local schools, which have no provisions for seasonal increases in school enrollment. Other children exempted from federal and state labor laws are children employed as actors and performers in radio, television, and motion pictures, as newspaper deliverers and sales personnel, or as part-time workers at home.

History of Child Labor in Europe

In some cases children five and six years of age were forced to work from 13 to 16 hours a day. Read about the History of Child Labor in Europe here.

International Problems

In the latter part of the 20th century and the beginning of the 21th century, child labor remains a serious problem in many parts of the world. Read more about child labor in the world here.

Source: “Child Labor” Microsoft® Encarta® Online Encyclopedia

See Also

Employment Law
Labor law
U.S. Labor law and movement history

Child Labor in State Statute Topics

Introduction to Child Labor (State statute topic)

The purpose of Child Labor is to provide a broad appreciation of the Child Labor legal topic. Select from the list of U.S. legal topics for information (other than Child Labor).

Resources

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