Federal crackdown on child labor faces resistance from Iowa governor, legislators

Governor Kim Reynolds and the Iowa congressional delegation are protesting the U.S. Department of Labor’s crackdown on Iowa businesses that comply with a new state law allowing 14- and 15-year-olds to work longer hours than federal law allows.

The Iowa Restaurant Association reported that some restaurant owners have been fined up to $180,000 for allowing younger teens to work until 9 p.m. on school days and 11 p.m. during the summer. That violates a long-standing federal requirement that school hours end at 7 p.m. and summer hours at 9 p.m. The Iowa Legislature approved the law change in 2023.

Reynolds, writing to Acting Labor Secretary Julie A. Su, highlighted what she described as selective enforcement against Iowa businesses.

“More than 25 states currently have less restrictive labor laws 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 as stringent enforcement scrutiny as Iowa has 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 other five members of Iowa’s congressional delegation — all Republicans, like Reynolds — also noted the alleged attacks on Iowa.

The Labor Department did not respond to a request for comment, but has previously denied that it was specifically targeting Iowa.

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

“We are asking the U.S. Department of Labor to evaluate its own regulations to determine whether they are fit for our modern work world, support young workers, meet the needs of employers, and sustain a strong American economy,” the letter reads.

Reynolds called the federal position “absurd” that a teenager working in a family restaurant after 7 p.m. on a school day qualifies as child labor, adding, “The Department is excessively fining small Iowa businesses to the point of closing them down for violating outdated child labor laws that were established in the 1930s. Our workforce and workplaces look very different than they did 85 years ago, and Iowa’s child labor laws reflect that. It’s time for the Department of Labor to update its own regulations to recognize the realities of our modern working world.”

She had scheduled a news conference last week with Chad and Carol Simmons, whose Sugapeach Chicken & Fish Fry in North Liberty was hit by the crackdown, but she postponed it because she was focused on the severe flooding in northern and northwestern Iowa.

Reynolds wrote in her letter that the Simmonses opened Sugapeach in August 2016 and employ the teens “not only to serve customers but also to support the community.” She noted their participation in the Scholars Making Dollars program with the local chapter of Alpha Phi Alpha, a historically black fraternity that provides youth with “opportunities to develop job skills, gain real-world experience and earn money.”

“Sugapeach, like many small businesses, is a staple of its community, and its potential closure due to the department’s harsh penalties will have repercussions that extend far beyond its own doors,” she wrote.

The owner of a Subway restaurant in Maquoketa also told the Des Moines Register that when her establishment became the subject of a federal investigation earlier this year, the department conducted private interviews with the teenagers she employed without any other adults present.

The letter addresses specific issues in the fight against child labor.

In the letter, Hinson calls on the department to respond to five questions by July 9:

What steps has the department taken to enable businesses to take corrective action before a fine is imposed?
How does the department determine which companies to investigate?
What standards apply to the department’s interactions with juvenile employees during an investigation?
Is it common practice within the department to request access to underage employees without parental consent or knowledge?
How many similar investigations are underway in other states — including Illinois and Minnesota — where employment laws conflict with federal law?

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

“Small businesses are the backbone of communities that provide employment opportunities for teen workers. Rural Iowa communities would suffer greatly if these small restaurants were forced out of business for failing to comply with state regulations, and the Department must provide transparency and an opportunity to remedy the situation before penalizing small businesses with excessive fines,” Hinson’s letter reads.

US Department of Labor warns it will ‘vigorously enforce’ child labor laws

Labor Department officials warned Iowa lawmakers and the governor during the legislative session, when they were considering and passing 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 nationwide,” he said.

In a statement to the Register on June 24, it said: “It is dangerous and irresponsible that amid the rise in child labor in this country, the Iowa governor and state legislature have repeatedly chosen to undermine federal child labor laws despite clear guidance from the Department of Labor. No child should have to work long hours, do unsafe work, or be employed in unsafe conditions.”

It also highlighted that more than 4,500 outreach events were held in 2023, with more than 450,000 participants, to ensure that businesses know how to comply with federal law.

Hinson said in her news release that she was concerned about what she called the Department of Labor’s heavy-handed approach to child labor violations at Iowa restaurants.

“Instead of working with Iowa’s small businesses and providing good faith guidance, the Biden DOL is rushing to immediately impose hundreds of thousands of dollars in fines that could force some small businesses to close their doors,” she wrote. “I am working to get answers and ensure that Iowa’s small business community is not crushed by DOL bureaucrats.”

“We respectfully request that you reconsider or renegotiate the fines imposed on Iowa small businesses that are at risk of closure due to excessive fines,” Reynolds wrote in her letter.

Kevin Baskins covers jobs and the economy for the Des Moines Register. Contact him at [email protected].