Monday, April 24, 2023

The Right's Campaign to Gut Child Labor Laws

I often say the ultimate goal of Republicans is to restore the Gilded Age, including shocking if not downright obscene wealth disparities.  But now many Republican legislators want to go farther and return to the most brutal aspects of a Charles Dickens novel where children are employed in harsh and dangerous working conditions.  In doing so many are raising the mantra of "parental rights" - the same smoke screen being used by the far right and its political whores to gut history instruction and erase blacks/race and gays from the public schools, Florida being one of the worse states pushing this education agenda.  Anyone who pretends that big business will look out for the safety of children in their employ is a liar and many of the child laborers are undocumented immigrants who have no adult family member to protect their interests.  Not surprisingly, these same players want to gut the social safety net as well.  Overall, its part of the larger far right/Republican effort to take the nation backwards in time socially and to allow businesses to put the bottom line ahead of all else.  A lengthy piece in the Washington Post looks at this dangerous and disingenuous effort to gut child labor protections.  Here are highlights:

When Iowa lawmakers voted last week to roll back certain child labor protections, they blended into a growing movement driven largely by a conservative advocacy group.

At 4:52 a.m., Tuesday, the state’s Senate approved a bill to allow children as young as 14 to work night shifts and 15 year-olds on assembly lines. The measure, which still must pass the Iowa House, is among several the Foundation for Government Accountability is maneuvering through state legislatures.

The Florida-based think tank and its lobbying arm, the Opportunity Solutions Project, have found remarkable success among Republicans to relax regulations that prevent children from working long hours in dangerous conditions.

The FGA achieved its biggest victory in March, playing a central role in designing a new Arkansas law to eliminate work permits and age verification for workers younger than 16. Its sponsor, state Rep. Rebecca Burkes (R), said in a hearing that the legislation “came to me from the Foundation [for] Government Accountability.”

“As a practical matter, this is likely to make it even harder for the state to enforce our own child labor laws,” said Annie B. Smith, director of the University of Arkansas School of Law’s Human Trafficking Clinic. “Not knowing where young kids are working makes it harder for [state departments] to do proactive investigations and visit workplaces where they know that employment is happening to make sure that kids are safe.”

That law passed so swiftly and was met with such public outcry that Arkansas officials quickly approved a second measure increasing penalties on violators of the child labor codes the state had just weakened.

The FGA for years has worked systematically to shape policy at the state level, fighting to advance conservative causes such as restricting access to anti-poverty programs and blocking Medicaid expansion.

[I]n February, the White House announced a crackdown on child labor violators in response to what activists have described as a surge in youths — many of them undocumented immigrants — working at meat packing plants, construction sites, auto factories and other dangerous job sites. The administration’s top labor lawyer called the proposed state child labor laws “irresponsible,” and said it could make it easier for employers to hire children for dangerous work.

Congress in 1938 passed the Fair Labor Standards Act to stop companies from using cheap child labor to do dangerous work, a practice that exploded during the Great Depression.

But today those rules, which restrict the hours and types of work that can be performed by minors, are not strictly enforced, and the issue has become more polarizing since the pandemic began — when a labor shortage created a huge need for workers and large numbers of undocumented minors entered the United States looking for work.

The Labor Department has seen a 69 percent increase in minors employed in violation of federal law since 2018, officials reported.

On the surface, the FGA frames its child worker bills as part of a larger debate surrounding parental rights, including in education and child care. But the state-by-state campaigns, the group’s leader said, help the FGA create openings to deconstruct larger government regulations.

“The reason these rather unpopular policies succeed is because they come in under the radar screen,” said David Campbell, professor of American democracy at the University of Notre Dame. “Typically, these things get passed because they are often introduced in a very quiet way or by groups inching little by little through grass-roots efforts.”

Minnesota and Ohio have introduced proposals this year allowing teens to work more hours or in more dangerous occupations . . . . A bill in Georgia would prohibit the state government from requiring a minor to obtain a work permit.

It’s one of several conservative groups that have long taken aim at all manner of government regulations or social safety net programs. The FGA is funded by a broad swath of ultraconservative and Republican donors — such as the Ed Uihlein Family Foundation and 85 Fund, a nonprofit connected to political operative Leonard Leo — who have similarly supported other conservative policy groups.

“When you say that a bill will allow kids to work more or under dangerous conditions, it sounds wildly unpopular,” Campbell said. “You have to make the case that, no, this is really about parental rights, a very carefully chosen term that’s really hard to disagree with.”

Child welfare advocates and some business leaders said the new legislation could endanger children on the job and entice others to leave school to join the workforce.

Those risks are especially acute for undocumented minors who arrive in the United States without their parents. Close to 15 percent of those children are released from federal custody to distant relatives or nonrelative sponsors, Robin Dunn Marcos, the director of the Office of Refugee Resettlement, testified to a House panel on Tuesday. That makes them more vulnerable to labor trafficking, experts say.

The work permits — more than 2,700 of which were issued by Arkansas officials in 2022, according to state government data — required proof of age, parental permission and an employer’s signature. They left an “important paper trail ” of where children were employed and reminded businesses of the rules, said Laura Kellams, from the nonprofit Arkansas Advocates For Children And Families.

“This wasn’t burdening parents or children who want to work,” Kellams said. “This wasn’t burdening business that followed the law. It would only be a burden to an employer who didn’t want to follow the rules about work hours and the types of work that kids that age are able to do.”

The FGA has called for reforming home-based business laws, fast-tracking permitting processes, cutting social safety nets and creating other incentives to work — including youth employment with little to no oversight from the government.

Tarren Bragdon, a former Maine state legislator, founded the FGA in 2011 with a focus on cutting social safety net and anti-poverty programs. It quickly tapped into conservative political fundraising networks and grew from $50,000 in seed funding to $4 million in revenue by its fourth year, according to tax filings and the group’s promotional materials.

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