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Feds: Iowa child labor expansion conflicts with federal law
Republicans say letter misrepresents Iowa’s youth employment laws
Sep. 1, 2023 4:10 pm
A new letter from the U.S. Department of Labor says an Iowa law passed earlier this year to ease child labor restrictions in the state conflicts with federal law, putting young Iowans at risk in dangerous jobs and creating confusing, contradictory rules for Iowa businesses to follow.
Statehouse Republicans, in response, contend Iowa Democrats and the Biden administration are working together to misrepresent Iowa’s youth employment laws.
The letter, dated Aug. 24, is a response to one sent July 19 by Iowa Democratic state legislators. It says that when state and federal labor laws conflict, federal law — which provides greater protection for young workers — must be followed.
Most employers are subject to both state and federal child labor laws. Employers covered by the Fair Labor Standards Act who follow a less restrictive Iowa law could be in violation of federal law and subject to penalties, according to the letter, which is signed by the federal labor department’s Solicitor of Labor Seema Nanda, and Wage and Hour Division Principal Deputy Administrator Jessica Looman.
The department previously sent a letter in May saying Iowa’s youth labor bill conflicted with federal workforce regulations. Republicans pushed back, saying some of the information in the letter was outdated because of changes made to the bill, which has now been signed into law by Gov. Kim Reynolds.
Republicans also argue that many of Iowa’s and other states’ youth labor regulations already were out of step with federal regulations.
“Iowa is one of 21 states across the nation — including Illinois and Minnesota — with employment laws related to minors that don’t comply with federal law,” Reynolds said in a statement. “Unlike Washington, D.C., here in Iowa, we believe in the dignity of work and want to instill those values in the next generation.”
The law grants Iowa employers the ability to apply for a waiver for 16- and 17-year-olds to participate in certain hazardous work activities under certain conditions. Such work must be part of a state-approved career-technical education program, work-based learning program, internship or registered apprenticeship program with proper supervision, training and safety precautions. A parent must also grant permission.
The letter states Iowa’s new law conflicts with federal law in two principal ways:
- The Iowa law allows 16- and 17-year-olds to operate dangerous power-driven machines — including hoisting apparatuses and metal forming, punching and shearing machines — and engage in heavy manufacturing and work in demolition. All are prohibited under federal child-labor laws.
- The new Iowa law also does not require 16- and 17-year-olds working in apprenticeship or student-learner roles to be registered by the U.S. Department of Labor or a state agency, which federal law requires.
The Iowa Division of Labor website notes employers are subject to both state and federal child labor laws and, when there are differences, must follow the law that gives the most protection. An FAQ about the waiver process by Iowa Workforce Development notes certain work activities are also prohibited under federal law, and advises employers to consult with an attorney to determine how the law applies to them.
“The child-labor expansion forced into law by Republican politicians and Gov. Reynolds sets a trap for Iowa kids and businesses alike,” state Sen. Nate Boulton, a Democrat from Des Moines, said in a statement. “It makes our kids less safe by exposing them to hazardous environments that could get them injured or even killed — something the legislation itself acknowledged. And now it creates new bureaucratic confusion that can lead employers right into violations of federal law.”
Boulton said the letter serves as a warning for Iowa employers and a call for state lawmakers to “fix this bad law and protect kids from dangerous jobs.”
Supporters have said the bill provides more opportunities for young Iowans who want to work and earn money for college, and could help address the state’s shortage of workers. Republicans contend the law allows 16- and 17-year-olds to develop valuable skills that prepare them for future careers through training that includes appropriate safety precautions and supervision.
House Republican spokesperson Melissa Deatsch in an email said Senate File 542 was a reasonable bill, passed with input from Iowa House Democrats that maintains necessary protections and requirements for worker safety.
Deatsch noted not every Iowa business is covered by the federal Fair Labor Standards Act. Those businesses small enough will need only to abide by Iowa law.
“If the Biden Administration wants to keep in place their overly restrictive rules that strangle Iowa businesses, then there isn’t anything Iowa House Republicans can do to eliminate those from federal law,” she said. “However, we can ensure that Iowa law is not responsible for unnecessary barriers to young Iowans’ ability to learn valuable life skills, save for their future, and explore possible career paths.”
State Sen. Adrian Dickey, a Republican from Packwood, floor-managed the bill. In an email, he said separate legislation signed into law by Reynolds clearly states apprenticeships available to Iowa youth must follow federal law.
Dickey pointed to a Des Moines Register/Mediacom Iowa Poll from March that found 57 percent of parents in Iowa with children under the age of 18 favored legislation that would relax child labor laws.
Comments: (319) 398-8499; tom.barton@thegazette.com
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