Wednesday, May 03, 2023

Iowa lawmakers change bill to relax child labor laws

TOM BARTON Lee-Gazette Des Moines Bureau
1 hr ago

DES MOINES — Iowa lawmakers approved bipartisan changes to a controversial bill to relax some of Iowa’s child labor laws.

Teens could work more jobs and later hours, as well as serve alcohol in restaurants with parental permission and adult supervision, under changes made to Senate File 542.

House Republicans amended the bill, incorporating some recommendations proposed by Democrats, who filed more than 20 amendments to remove or alter what they saw as the most harmful provisions.

The measure passed the Republican-controlled House Tuesday on a party-line vote of 60-34, with all Democrats opposed. The amended bill now heads back to the GOP-controlled Senate for final approval.

Gov. Kim Reynolds told reporters last month she supports expanding youth employment, pointing to her own experiences babysitting, waiting tables and working at a department store when she was young.

Reynolds said parents and children should be allowed to make the decision on starting work at a younger age.

The proposal has sparked protests from labor unions and criticism from the U.S. Labor Department’s top lawyer.

Democrats argued the bill, opposed by groups including building trade unions and the United Way of Central Iowa, would weaken child labor protections and conflicts with federal law.

While Democrats and Republicans were able to find some common ground to remove the “most egregious” parts of the bill, House Minority Leader Jennifer Konfrst, D-Windsor Heights, said it still leaves a lot to be desired.

“I do feel the bill is better but think we could have gone a little further to keep kids safe,” Konfrst said.

House lawmakers stripped language that would have let state officials grant exceptions allowing 14- and 15-year-olds to work in jobs currently banned for minors, as long as they are part of an approved training program with adequate supervision and safety precautions

Sixteen- to 17-year-olds could participate in work-based learning programs in areas like manufacturing, if granted an exemption by state officials.

Lawmakers also added provisions that would:

Require employers to provide a copy of all training materials to the minor’s parents

Prohibit anyone determined to be a sexually violent predator or registered sex offender from employing minors

Prohibit minors from selling or serving alcohol in restaurants unless two adult
 employees are physically present in the area, and only while food is being served

Require employers to report a workplace harassment incident to the employee’s parents and Iowa Civil Rights Commission, and mandate restaurant employers require all employees to attend sexual harassment prevention training

Children under the age of 16 would be allowed to work up to six hours a day while school is in session, which is two more hours than currently allowed under law.

Federal rules prohibit 14- and 15-year-olds from working past 9 p.m. in the summer and 7 p.m. during the school year. The bill would extend that two hours to 11 p.m. and 9 p.m., respectively.

Sixteen- and 17-year-olds could also work the same hours as adults and serve alcoholic drinks at restaurants, provided the employer has written permission from the teenager’s parent or guardian. Lawmakers amended the bill to clarify that teens cannot work in bars or in strip clubs.

The bill also would create a committee to look into whether teenagers ages 14 and older can receive a special permit to drive themselves to work.

Republicans said the bill modernizes Iowa's outdated child labor regulations and provides more opportunities for young Iowans to earn a paycheck and learn valuable skills through workforce training programs.

The bill is backed by business groups including the Iowa Restaurant Association and the Iowa Association of Business and Industry, as well as conservative groups Americans For Prosperity and the Opportunity Solutions Project

Rep. Dave Deyoe, a Republican from Nevada and the bill’s floor manger, said opponents have misrepresented the legislation.

Dangerous industries like mining, logging and meatpacking could not employ minors under the amended bill, and parents have to give written permission for teens to work in controlled environments, like existing school-to-work programs for welding.

Such work-based learning programs would have to be approved by Iowa Workforce Development or the Iowa Department of Education, and employers would have to demonstrate work performed by those age 16 to 17 would be done under adequate supervision and training that includes proper safety precautions.

Deyoe said benefits of expanding youth employment opportunities include “less poverty, money for future education, less delinquent behavior, experience in the workplace and access to mentors and role models,” as well as exposure to promising careers in skilled trades.

The U.S. Department of Labor’s top lawyer, Seema Nanda, disagreed, saying in a statement it is “irresponsible for states to consider loosening child labor protections.”

Amid increasing child labor violations, states should be working to increase accountability and ramp up enforcement — “not make it easier to illegally hire children to do what are often dangerous jobs,” Nanda said.

House Democrats echoed the sentiment, saying the bill would increase the chance of workplace accidents and injuries among youth.

Both violations of child labor laws and proposals to roll back child labor protections are on the rise across the country, according to a March 2023 report from the Economic Policy Institute.

At least 10 states have introduced or passed laws rolling back child labor protections in the past two years. And the number of minors employed in violation of child labor laws increased 37 percent in the last year, according to the report.

A group of state lawmakers and public officials reported possible underage labor and safety hazards last month at the construction site of Cedar Rapids’ $49 million Banjo Block development.

Rep. Jeff Cooling, a Democrat from Cedar Rapids, proposed an amendment that failed that would have prohibited state agencies from contracting with companies that have a history of child labor law violations.

Rather than address Iowa’s workforce shortage by making employment in the state more attractive through better wages, comprehensive benefits and improved worker safety, Democrats argued the business lobby is proposing less restrictive child labor regulations so younger Iowans may fill the employment gap.

Cooling also proposed amending the bill to require employers demonstrate they have made a good-faith effort to hire additional employees or retain current employees prior to hiring minors. That amendment also failed.

“How are we protecting children from dangerous workplaces, and how are we making sure we’re enforcing existing labor laws?” asked Rep. Adam Zabner, a Democrat from Iowa City, who along with Cooling was among the group of lawmakers that toured the Cedar Rapids construction site.

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