Federal child labor crackdown in Iowa draws protest from Gov. Kim Reynolds, lawmakers

Gov. Kim Reynolds and the Iowa congressional delegation are protesting the U.S. Department of Labor's crackdown on Iowa businesses that are following a new state law allowing 14- and 15-year-olds to work later hours than permitted under federal regulations.

The Iowa Restaurant Association has said some restaurant owners have been assessed fines as high as $180,000 for allowing younger teens to work as late as 9 p.m. on school nights and until 11 p.m. during the summer. That's in contravention of the longstanding federal requirement that school-year work hours end by 7 p.m. and summer hours by 9 p.m. The Iowa Legislature approved the change in the law in 2023 .

Reynolds, writing to acting Secretary of Labor Julie A. Su, pointed to what she described as the selective enforcement of the regulations against Iowa businesses.

“More than 25 states currently have state labor laws that are less restrictive than federal law," she wrote. "Those 25 states have not been subjected to the same level of enforcement and excessive fines as Iowa."

She noted that South Dakota has allowed 14- and 15-year-olds to work until 10 p.m. during the school year since 1994. "According to the South Dakota Retailers Association, their businesses have never faced the same level of enforcement scrutiny as Iowa in the 30 years since their law was enacted," she wrote.

A letter prepared by U.S. Rep. Ashley Hinson’s office and signed by her and the five other members of Iowa’s congressional delegation — all Republicans like Reynolds — likewise noted the alleged targeting of Iowa.

The Labor Department did not respond to a request for comment, but previously has denied singling out Iowa.

Hinson urged the department to update its rules, rather than penalize Iowa businesses,

“We ask the U.S. Department of Labor to assess their own regulations to determine whether they are aligned with our modern work world, support our young workers, meet employers’ needs and sustain a strong American economy,” the letter says.

Reynolds deemed "absurd" the federal position "that a teenager working at a family-owned restaurant past 7 p.m. on a school night qualifies as oppressive child labor," adding, "The department is excessively fining small Iowa businesses to the point of closure for violating outdated child labor regulations that were set in the 1930s. Our workforce and workplaces look much different than they did 85 years ago, and Iowa's child labor laws reflect that. It’s time the DOL update its own regulations to recognize the reality of our modern work world.”

She had planned to hold a news conference last week with Chad and Carol Simmons, whose Sugapeach Chicken & Fish Fry in North Liberty has been hit by the crackdown. She put it off as she focused on severe flooding across north and northwest Iowa.

Reynolds said in her letter that the Simmonses opened Sugapeach in August 2016 and employ teens "not only to serve their customers, but also to support their community." She pointed to their participation in a Scholars Making Dollars program with the local chapter of Alpha Phi Alpha, a historically Black fraternity, giving youths "opportunities to develop work skills, gain real-world experience, and earn a paycheck."

"Sugapeach, like many small businesses, is a staple of its community and its potential closure, due to severe penalties imposed by the department, will have impacts well beyond its own doors," she wrote.

In addition, the owner of a Subway restaurant in Maquoketa has told the Des Moines Register that when her business was the subject of a federal inspection earlier this year, the department conducted private interviews with the teenagers she employed, without any other adults present.

Letter targets specific issues in child labor crackdown

The Hinson letter asks the department by July 9 to respond to five questions:

• What steps has the department taken to provide businesses with an opportunity for corrective action prior to issuing a fine?
• How does the department determine which businesses to investigate?
• What standards are in place to govern the department’s interactions with teenage employees during an investigation?
• Is it standard practice for the department to demand non-supervised access to teenage employees without parental consent or knowledge?
• How many similar investigations are taking place in other states — including Illinois and Minnesota — that have state labor laws in conflict with federal law?

Both Hinson and Reynolds said in their letters they have received numerous reports from small business owners of being fined by the Labor Department.

“Small businesses are staples of their community that provide employment opportunities to teenager workers. Rural communities in Iowa would be greatly harmed if these small restaurants were pushed out of business for mistakenly following state regulations, and it is imperative that the Department provides transparency and an opportunity to rectify situations before penalizing small businesses with excessive fines,” Hinson's letter said.

U.S. Labor Department warned it would 'vigorously enforce' child labor laws

Labor Department officials had warned Iowa lawmakers and the governor during the legislative session when they considered and passed the law that states could not have less-restrictive child labor laws than those on the federal books. “The Department will continue to vigorously enforce child labor protections across the nation,” it said.

In a statement issued to the Register June 24, it wrote: “It’s dangerous and irresponsible that amidst a rise in child labor exploitation in this country, Iowa’s governor and state legislature have chosen to repeatedly undermine federal child labor protections despite the Labor Department’s clear guidance. No child should be working long hours, doing dangerous work, or be employed in unsafe conditions.”

It also pointed out that in 2023, it conducted over 4,500 outreach events involving more than 450,000 participants to ensure businesses understood how to maintain compliance with federal law.

Hinson said in her news release she is concerned by what she called the DOL’s heavy-handed approach in dealing with child labor violations found in Iowa restaurants.

“Rather than working with Iowa small businesses and providing guidance in good faith, the Biden DOL is rushing to immediately slap down hundred-thousand-dollar fines that could force some small businesses to close their doors," she wrote. "I am working to get answers and ensure Iowa's small business community isn't steamrolled by DOL bureaucrats."

"We respectfully request reconsideration or renegotiation of the fines levied against the small businesses of Iowa facing closure due to excessive fines," Reynolds wrote in her letter.

Kevin Baskins covers jobs and the economy for the Des Moines Register. Reach him at kbaskins@registermedia.com .

This article originally appeared on Des Moines Register: Federal child labor crackdown in Iowa draws protest from Gov. Kim Reynolds, lawmakers