A pair of bills recently introduced in Congress would boost the financial penalties on employers that violate federal child labor laws.
The Justice for Exploited Children Act in the U.S. House of Representatives and the Child Labor Prevention Act in the Senate share similar goals and provisions. Currently, the maximum penalty is $15,138 for routine violations and $68,801 for violations that cause the serious injury or death of a minor.
Both bills would raise the penalties to:
- $5,000 minimum and $132,270 maximum for routine violations.
- $25,000 minimum and $601,150 maximum for each violation that causes the serious injury or death of a minor.
The Child Labor Prevention Act would go further by:
- Indexing the penalties to the Consumer Price Index so they increase over time.
- Establishing criminal penalties for a repeat or willful violation of child labor laws to include a fine of up to $50,000 and a year in jail.
- Ensuring that all working minors are covered by the Fair Labor Standards Act (FLSA), even if they are classified as independent contractors.
"With the political divide that exists in D.C. today, the likelihood of passage is quite low in my mind," said Ralph Smith, an attorney with Capehart Scatchard in Mount Laurel, N.J. "The fines would be going up significantly, and I can't see a majority of Republicans in Congress agreeing to them because it would create the possibility of increased legal exposure for businesses in a difficult economic period.
"Child labor...
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