Child labor law rollbacks disguised as “parental rights”

Back in the 1930s the federal government banned children from working in occupations deemed “particularly hazardous” for youth. But Truth Out reports that part of Project 2025’s Mandate for Leadership proposes removing that power, saying it’s up to parents to decide what is safe for their children. This follows an ongoing push across the U.S. to loosen federal and state restrictions on child labor. And at the same time violations of existing child labor laws just keep rising begging the question, is it parental rights that need protecting, or children? 

A spoonful of “rights protection” helps the legislation go down 

Between 2019 and 2023 the U.S. Department of Labor reported an 88 percent increase in child labor violations. And many of the cases involve unaccompanied, undocumented children found illegally working in construction, factories and slaughterhouses, with dangerous machinery and on all-night shifts. But by wrapping child labor protections in the language of “parental rights” conservative legislators and pro-business groups have found success. State by state they are rolling back these long-standing protections, putting children at even greater risk.  

Researchers Naomi Cahn, Maxine Eichner and Mary Ziegler stated in their scholarly paper, Children at Work, Parental Rights and Rhetoric: 

“…calls to weaken child labor laws in the name of parental rights often have little to do with parental autonomy, instead reflect the ambitions of well-funded campaigns by business interests.” 

But wrapping the rollbacks in the language of “rights protection” seems to be working. From 2021 to 2023 the think tank Economic Policy Institute noted that at least 10 state legislatures moved to weaken child labor laws. In the same period rollbacks were enacted in Arkansas, Iowa, New Hampshire and New Jersey and more are in the works. Missouri, Nebraska, Georgia, Minnesota, South Dakota, New Hampshire, New Jersy, Wisconsin and Ohio have or will consider legislation loosening the types of work and the hours children can work.  

Empowering parents or endangering children? 

Using language like “empowering parents” and “not getting permission from the government to work” legislators have been convincing parents that existing protections are an “arbitrary burden” on them and their right to make decisions for their family. But the flurry of recent legislation is largely supported by business interest groups and right-wing think tanks focused on worker shortages, not protecting children.  

Kahn, Eichler and Zigler stated: 

“The use of parental-rights rhetoric … is an attempt to distract from the brute, profit-driven interests that are driving this legislation in order to hire children to perform jobs cheaply by casting these issues in the more politically palatable rhetoric of parental rights.” 

This heavy focus on parental rights for children in the workforce ignores a fundamental question. One that should be primary. What is actually in the best interest of the children themselves, not business? According to advocates, those who stand to lose the most are the children already most vulnerable to exploitation. Weakening protections only puts them in an even more dangerous position.  

The risk is especially high for immigrant children. In 2023 an investigative piece by The New York Times shined a light on migrant teenagers working long, dangerous shifts at farms, meat processing plants and factories. Many of them in violation of existing labor laws. One of the teens interviewed who worked 12-hour shifts said, “I’d like to go to school, but then how would I pay rent?” 

Those that fail to learn from history are doomed to repeat it 

100 years ago, the same arguments about parental rights vs. child labor protections were up for debate. When the dust settled the Supreme Court ruled that Reuben, a 14-year-old boy, could resume his 6:00 am to 7:00 pm shifts at the cotton mill. When a journalist tracked him down six years later, Reuben shared his thoughts.  

Reuben stated: 

“I guess I’d been a lot better off if they hadn’t won it. Look at me…a grown man and no education…I think the years I’ve put in the cotton mills stunted my growth. They kept me from getting any schooling. I had to stop school after the third grade and now I need the education I didn’t get.” 

Freedom United stands with those who oppose repeating the same mistakes of the past and weakening child labor protections. Child workers like Reuben needed protection then and they need it now. If you haven’t already, add your name to those who say “no” to watering down current protections. Together let’s protect child workers, not facilitate their exploitation.