Overview
Title
To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor, and for other purposes.
ELI5 AI
The "CARE Act of 2024" is a new rule that aims to keep kids safe while working, especially on farms, by setting stricter rules and bigger penalties for businesses that break child labor laws. It wants to make sure that kids aren't doing dangerous jobs and that they are protected from getting hurt.
Summary AI
S. 4038, also known as the "Children’s Act for Responsible Employment and Farm Safety of 2024" or the "CARE Act of 2024", aims to strengthen child labor laws in the United States, particularly in the agricultural sector. The bill proposes changes to the Fair Labor Standards Act of 1938, including applying child labor laws to independent contractors and revising age requirements for child agricultural work. It increases penalties for violations, mandates reporting of child labor-related injuries, and calls for collaboration between relevant government agencies to enhance enforcement. The bill also addresses hazardous work conditions, such as those involving pesticides, to further protect children.
Published
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AnalysisAI
The proposed bill, introduced as S. 4038, seeks to amend the Fair Labor Standards Act of 1938 with the aim of enhancing protections related to child labor, with a particular focus on the agricultural sector. The act, known as the "Children’s Act for Responsible Employment and Farm Safety of 2024" or the "CARE Act of 2024," proposes comprehensive modifications covering the scope of child labor laws, penalties for violations, and reporting requirements.
General Summary of the Bill
The bill addresses various facets of child labor, particularly in agriculture, where it notes that many children work under grueling and unsafe conditions. The legislation aims to revise age requirements for working in agriculture, prohibit hazardous work for minors, and redefine the scope of employers to include independent contractors, thereby ensuring broader protection under child labor laws. Penalties for violations are increased significantly, both civil and criminal, offering stricter deterrents against child labor violations. Additionally, the bill requires regular reporting on child labor and work-related injuries, seeking improved enforcement and monitoring through an annual report to Congress.
Significant Issues
Several key issues arise from the proposed amendments. First, the inclusion of independent contractors under the definition of "employer" in child labor laws could face opposition due to potential legal and financial repercussions on businesses that depend on such labor structures. This change may bring about significant operational shifts for industries involved.
The bill also relies extensively on the Secretary of Labor's discretion to classify certain agricultural work as "particularly hazardous," which could introduce inconsistencies in enforcement and raise concerns about the robustness of child protections. Moreover, while penalties for violations are severe, the lack of clear guidance on inflation adjustments for fines could create financial unpredictability and disputes over fairness.
Furthermore, the requirement for age reporting in workplace incidents might raise privacy concerns unless there are strict measures governing data protection. Lastly, the short timelines prescribed for implementing new rules necessitate a swift response from the Department of Labor, which could lead to rushed and potentially ineffective regulations.
Impact on the Public
Broadly, the bill aims to protect vulnerable populations, particularly children working in agriculture. By enforcing stricter penalties and extending protections to independent contractors, it endeavors to address long-standing loopholes and enhance workplace safety for minors. These changes could lead to a safer working environment and deter unlawful employment practices.
Impact on Stakeholders
While the bill seeks to provide necessary protections for child workers, its implementation could pose challenges for certain stakeholders. Industries that rely heavily on child labor or independent contractors may need to restructure their practices, likely incurring additional costs to comply with more stringent regulations. For parents who engage their children in family farm operations, the bill imposes clearer guidelines but may also limit traditional family work practices.
On the positive side, child welfare advocates and labor rights groups would likely support the bill's strengthening of protections and accountability measures. These groups may view the legislation as a significant step forward in securing safety and fair treatment for young workers.
In conclusion, the CARE Act of 2024 proposes extensive reforms designed to curb child labor abuses, especially in the agricultural sector. However, its impact hinges on the precise implementation of its provisions and how well various stakeholders adapt to and comply with the new norms.
Financial Assessment
Commentary on Financial References in S. 4038
Increased Financial Penalties
S. 4038 proposes significant financial penalties to address violations of child labor laws. Specifically, in Section 201, the bill seeks to amend the Fair Labor Standards Act to impose penalties of not less than $1,000 and up to $156,290 for each worker involved in a child labor violation. Additionally, for violations that result in death or serious injury of a child worker, the penalties can be as high as $710,310. Furthermore, these penalties can be doubled for repeated or willful violations. This structure is meant to act as a strong deterrent against child labor violations.
Adjustments for Inflation
The bill also introduces a mechanism to adjust the financial penalties annually to reflect inflation, using the consumer price index for urban consumers. This adjustment ensures that the penalties maintain their intended deterrent effect over time. However, there could be disputes about the fairness and financial burden these adjustments impose on businesses, especially smaller operations that may struggle to pay such high fines.
Criminal Penalties
Section 202 introduces criminal penalties for aggravated child labor violations, with fines reaching up to $750,000 and imprisonment for up to five years. Like the civil penalties, these amounts are subject to annual inflation adjustments. The lack of detailed justification for these penalty amounts may create concerns about transparency and fairness in their application. Furthermore, the bill does not clarify how the funds collected through these fines will be used, which might lead to questions about the allocation and utilization of the financial resources generated by these penalties.
Economic Impact on Businesses
The financial implications of these increased penalties could have significant impacts on businesses found in violation of child labor laws. High fines, especially if adjusted annually for inflation, could place a substantial financial strain on companies, particularly those that may not have robust resources or compliance mechanisms in place. This aspect may deter employers from taking on younger workers, ultimately affecting employment dynamics in sectors reliant on such labor.
Absence of Financial Support Measures
Despite the substantial financial penalties and adjustments included in the bill, there is no mention of financial support measures to help businesses comply with the new regulations. This absence could lead to compliance challenges, especially for smaller businesses that might lack the resources to quickly implement necessary changes without incurring prohibitive costs.
In summary, while the financial references in S. 4038 aim to tighten enforcement and ensure deterrence against child labor violations, they may also introduce significant financial burdens on businesses. The bill could benefit from clearer guidance on the use of collected fines and consideration of support mechanisms to facilitate compliance, balancing enforcement with practical business considerations.
Issues
The amendment in Section 101 concerning the definition of 'employer' to include independent contractors could be contentious. This change expands the scope of child labor laws, and there may be significant legal and financial implications for industries that rely on independent contractors. This might require additional clarification and could lead to opposition or legal challenges due to potential impacts on business operations.
The language in Section 102 around age requirements and exemptions for hazardous agricultural work may undermine child safety protections. The reliance on the Secretary’s discretion for defining 'particularly hazardous' occupations could lead to inconsistencies in enforcement, creating ethical concerns about child welfare in hazardous environments.
Section 104 establishes strict regulations against engaging minors as pesticide handlers due to health risks, but the reliance on referencing external regulations for definitions may complicate understanding and enforcement, raising ethical and legal challenges in protecting minors.
Section 201 significantly increases financial penalties for child labor violations, including adjustments for inflation. This could create financial strain on businesses found in violation, but it lacks explicit methods to calculate increases, potentially leading to disputes over fairness and the financial burden imposed.
The amendments in Section 202 introducing substantial criminal penalties for aggravated child labor violations up to $750,000 lack detailed justification for the penalty amount and do not clarify the use or allocation of collected fines, raising issues of transparency and fairness.
The annual report required by Section 301 on child labor and work-related injuries imposes a recurring cost without detailing the benefits or effectiveness, potentially leading to concerns about government spending and efficiency. Additionally, the lack of clarity on what constitutes a 'serious injury' might lead to inconsistent data reporting and enforcement.
Section 302's requirement for employer reporting on age involved in workplace incidents may raise privacy concerns, particularly due to a lack of guidance on data protection and use, impacting individuals' privacy rights and creating potential legal challenges.
The memorandum of understanding outlined in Section 303 lacks specific scope and limitations, which may raise concerns about privacy and data protection when sharing information between agencies. Additionally, the absence of penalties or measures for non-compliance by state agencies could lead to inconsistent enforcement across states.
The strict timelines in Sections 402 and 403 for rulemaking and implementation might pressure the Department of Labor into rushed decision-making, potentially leading to inadequacies in rule formation and application, raising concerns about the effectiveness and thoroughness of policy enactment.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act gives it a name, stating that it can be officially referred to as the "Children’s Act for Responsible Employment and Farm Safety of 2024" or simply the "CARE Act of 2024."
2. Table of contents Read Opens in new tab
Summary AI
The text provides a detailed table of contents for an Act, including several titled sections. It outlines amendments to child labor laws, modifications in civil and criminal penalties, requirements for reporting, and effective dates for the application of these laws to independent contractors and other amendments.
3. Findings Read Opens in new tab
Summary AI
Congress highlights concerns about child labor in agriculture, noting that numerous children perform tough work under conditions that are less protected than in other industries. They report that these children face higher risks of injury and fatality, limited educational opportunities, and increased vulnerability to abuse, while lacking sufficient safeguards and regulatory oversight.
101. Application of child labor laws to independent contractors Read Opens in new tab
Summary AI
The proposed amendments to the Fair Labor Standards Act of 1938 aim to apply child labor laws to independent contractors by redefining terms like "employer," "worker," and "work" to include independent contractors and their engagement for work, ensuring they are covered under child labor provisions. These changes extend the definition of an "employer" to encompass anyone engaging individuals for work, whether they are employees or independent contractors, effectively broadening the protection offered by child labor laws.
102. Revised age requirement for child agricultural employment and exemptions for hazardous and non-hazardous work Read Opens in new tab
Summary AI
The section revises age requirements for child labor in agriculture, stating that children younger than 16 can work on family farms outside school hours and setting different conditions for 16- and 17-year-olds. It also establishes that workers under 18 are generally not allowed to work in particularly hazardous agricultural jobs, except in specific circumstances, such as being part of educational or training programs.
103. Repeal of waiver provision for hand harvest laborers Read Opens in new tab
Summary AI
The section eliminates the waiver provision for hand harvest laborers by removing paragraph (4) from Section 13(c) of the Fair Labor Standards Act of 1938.
104. Pesticide-related worker protection standard Read Opens in new tab
Summary AI
Congress states that children under 18 working directly with pesticides in roles like mixing or applying them is dangerous, and requires the Secretary of Labor to ban anyone under 18 from doing these tasks within a year. The law also outlines specific tasks that define a “pesticide handler” and lists exceptions, like handling cleaned containers, as well as ventilation criteria that must be met for safety after pesticide use.
201. Increased civil penalties for child labor violations Read Opens in new tab
Summary AI
The section increases penalties for child labor violations under the Fair Labor Standards Act, setting fines between $1,000 and $156,290 for each affected worker, which can be doubled for repeated or willful violations. Additionally, fines between $1,000 and $710,310 are specified for violations leading to serious injury or death of a worker under 18, adjusted annually for inflation.
Money References
- (a) In general.—Section 16(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking “not to exceed” and inserting “of an amount (subject to subparagraph (D)) that is”; and (B) by striking clauses (i) and (ii) and inserting the following: “(i) not less than $1,000 and not more than $156,290 for each worker who was the subject of such a violation, which penalty may be doubled in the case of a violation described in subparagraph (C); or “(ii) not less than $1,000 and not more than $710,310 with regard to each violation of section 12 or 13(c), relating to child labor, or any regulation issued pursuant to such a section, that causes the death or serious injury of any worker younger than the age of 18 years, which penalty may be doubled in the case of a violation described in subparagraph (C).”; and (2) by adding at the end the following: “(C) For purposes of penalties that may be doubled under clause (i) or (ii) of subparagraph (A), a violation described in this subparagraph is a violation— “(i) that is a repeated or willful violation; “(ii) that has occurred within 10 years of the final disposition of another violation of section 12 or 13(c), relating to child labor, or any regulation issued pursuant to such a section; or “(iii) for which the employer that committed the violation is found, during the period in which the person was investigated for such violation, to have engaged for work more than 10 children in such a violation.”. (b) Adjustment of amounts for inflation.—Section 16(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)), as amended by subsection (a), is further amended by adding at the end the following: “(D) The dollar amounts referred to in clauses (i) and (ii) of subparagraph (A) shall be increased annually, for fiscal year 2025 and every fiscal year thereafter, by the percent increase, if any, in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available.”. ---
202. Special criminal penalties for certain aggravated child labor violations Read Opens in new tab
Summary AI
Section 202 introduces stricter penalties for severe violations of child labor laws by amending a part of the Fair Labor Standards Act. It specifically states that anyone found guilty of certain child labor offenses could face up to $750,000 in fines or 5 years in prison, with fines increasing annually based on inflation.
Money References
- Section 16(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(a)) is amended— (1) by striking “Any” and inserting “(1) Any”; (2) by inserting “(other than subsection (a)(4) of such section)” after “section 15”; (3) by striking “subsection” each place it appears and inserting “paragraph”; and (4) by adding at the end the following: “(2)(A) Any person who violates section 15(a)(4) shall upon conviction thereof be subject to a fine of (subject to subparagraph (B)) not more than $750,000, or to imprisonment for not more than 5 years, or both. “(B) The dollar amounts referred to in subparagraph (A) shall be increased annually, for fiscal year 2025 and every fiscal year thereafter, by the percent increase, if any, in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available.”. ---
301. Report to Congress on child labor and work-related injuries to children and related matters Read Opens in new tab
Summary AI
The Fair Labor Standards Act of 1938 is being amended to require the Secretary of Labor to analyze data on child labor and work-related injuries or death of children under 18, using various sources like the Department of Labor and state agencies. The Secretary must provide an annual report to Congress that summarizes this data, evaluates child labor conditions and safety, and identify potential violations, with the report also being published online and in the Federal Register.
12A. Data on child labor and work-related injuries to children and related matters Read Opens in new tab
Summary AI
The bill section requires the Secretary of Labor to analyze and report on data about children working in agriculture and other sectors, focusing on those under 18 years old and any serious injuries or deaths they experience. This data is collected from various federal and state sources, and the findings are to be reported to Congress annually and made publicly available.
302. Employer reporting requirements Read Opens in new tab
Summary AI
Section 302 amends a part of the Occupational Safety and Health Act of 1970 to require employers to include the age of any individual involved when submitting reports.
303. Memorandum of understanding Read Opens in new tab
Summary AI
The section requires the Assistant Secretary of Labor for Occupational Safety and Health and the Administrator of the Wage and Hour Division to create an agreement, known as a memorandum of understanding, within 90 days of the act's passage. This agreement aims to improve coordination and information sharing between their departments, especially focusing on workplace safety records and incidents involving workers under 18, and encourages state agencies to participate in this effort.
401. Effective date for application of child labor laws to independent contractors Read Opens in new tab
Summary AI
The changes to child labor laws, as outlined in section 101, will begin being enforced exactly one year after this Act becomes law.
402. Application of other fair labor standards amendments Read Opens in new tab
Summary AI
The section outlines that the Secretary of Labor must create and implement rules to carry out specific amendments to the Fair Labor Standards Act within a year of the law’s enactment, with these rules taking effect shortly after being published. These amendments will apply only to violations occurring after these rules are active and will not override any state laws that offer greater protections for employees.
403. Application of Occupational Safety and Health Act amendments Read Opens in new tab
Summary AI
The section explains that within a year of the law's enactment, the Secretary of Labor must create rules for a new amendment to the Occupational Safety and Health Act. These rules will apply to work-related deaths, injuries, and illnesses that happen after the rules are in effect.