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Child Labor Bill Reform
House Bill:3790/Senate Bill 1094:
Spring 2005
16 year old Adam Carey of Salem, 16 year old Joseph Marzullo of Malden and 17 year old Edward Duggan from Pembroke all lost their lives doing work that was prohibited under the Child Labor Laws. Yet not one of their employers was prosecuted for the violations that resulted in the deaths of these three young men.
Background
Teens are filling an increasing need in businesses, especially in retail, restaurants, and health care facilities. By the time they have graduated from high school, 80% of teens will have held a job. In spite of the perception that teens work mostly in low-risk jobs, young people face considerable risk:
- Each year in Massachusetts, several thousand young people under the age of 18 require treatment in emergency departments for on-the-job severe injuries and health problems
- Teens are injured on the job at approximately twice the rate of adults.
- Teens are killed on the job at the same rate as adults.
Why aren’t the Child Labor Laws sufficient to protect teens?
In spite of the fact that the work of teens has changed dramatically, Massachusetts Child Labor Laws have not been changed significantly since the 1930s. As they are now, the child labor laws are very rarely enforced by the Attorney General because there is no civil authority for that purpose and the criminal courts are not inclined to pursue any but the most egregious violations. Even in cases where teenagers have been killed on the job while following their employers’ requirements to perform illegal work, the attorney general was unable to prosecute those employers. This limit in authority has resulted in a lack of effective deterrence to employers who violate the laws. The goal of updating the laws is to provide teens with the opportunity to work in a safe and productive environment.
Bills Sponsors
Representative Patricia Jehlen and Senator John Hart
What the bill does
The Child Labor Reform Bill updates the antiquated state child labor laws, which apply to minors (teens under 18):
- The Attorney General (AG) would be given the authority to enforce the Child Labor Laws through a civil process. Civil enforcement authority would allow the AG to use an administrative procedure to cite or fine employers whose actions put teens at risk. When the Legislature granted civil authority for enforcing the wage laws, the attorney general was far more successful in collecting lost wages and in enforcing other aspects of the wage and hour laws. This authority did not, however, extend to the child labor laws.
- Teens under the age of 18 would not be allowed to work in jobs that require carrying a firearm. The law currently prohibits teens from working in the manufacture or compounding of explosives, but not in occupations that require handling explosives or firearms outside of a non-manufacturing setting.
- Employers would be required to provide direct and immediate supervision to minors who work after 8 pm. This would reduce their vulnerability to robberies and injuries.
- The child labor laws would be summarized on the back of the permit application; the teen, parent or guardian, and employer would be required to sign the application, indicating that they had read and understood the laws.
- A single system would be established for issuing permits to 14 and 15 year olds and 16 and 17 year olds, instead of the two systems which currently exist. This will reduce confusion for school issuing agents, for teens, their parents and their employers.
