Fines for child labor violations would increase under new Democratic bill

Democrats introduced a bill Friday proposing increased penalties for employers found guilty of child labor violations and toughening rules around minimum wage, overtime violations and breaches of health and safety rules.

The Let’s Protect Workers act would also set new penalties for retaliating against workers who exercise their right to take family and medical leave, toughen oversight of workplace injury records, improve mine safety and ensure funding for workers affected by black lung.

The bill comes as child labor violations have surged in the US. The Department of Labor reported an increase of 88% in such violations between 2019 and 2023 as Republican states have moved to relax child labor rules. Eight states have passed legislation to roll back child labor protections so far this year.

Related: Republicans continue effort to erode US child labor rules despite teen deaths

For child labor violations, the US Department of Labor can currently fine employers up to $11,000 per employee who is the subject of a child labor violation and up to $50,000 for each violation that causes injury or death of a minor. The fines can be doubled if the violation is determined to be willful or repeated. The new bill would increase fines up to $150,000 per employee subject to a child labor violation and up to $700,000 for a violation that causes the death or injury of a minor, which still could be doubled for willful or repetitive violations.

Wage and hour violations would increase from up to $1,100 per violation to $25,000 per violation, which may be doubled for willful or repetitive violations.

“Every American should be fairly compensated and be able to return home safely at the end of the day,” said Robert “Bobby” Scott, Virginia representative and ranking Democratic member of the Committee on Education and the Workforce.

“Unfortunately, shortcomings in our labor laws enable unethical employers to exploit workers, endanger children and suppress the right to organize – with little accountability,” Scott said. “That’s why I’m proud to introduce the Let’s Protect Workers act, which will hold bad actors accountable and strengthen penalties for labor law violations. This bill will help level the playing field and, once again, restore the balance of power between workers and their employers.”

The bill would also introduce civil monetary penalties for unfair labor practices committed by employers, up to $50,000 per violation. Currently, employers do not face any civil monetary penalties aside from back pay and reinstatement of workers for unfair labor practice charges.

The legislation comes in the wake of a report published by Scott in April 2024 that outlined the ineffectiveness of low or non-existent civil monetary penalties for labor violations committed by employers. The report outlines how current fines and penalties are merely “a slap on the wrist”, with employers facing little to no deterrents to breaking labor laws.

“Unfortunately, unscrupulous employers are emboldened to violate these foundational worker rights and protections because of the weak civil monetary penalties assessed in response,” the report noted. “Under some labor and employment laws, workers are worse off as employers face no monetary penalty and can break the law cost-free.”