Want to Solve Labor Shortages? Relaxing the Child Labor Law Is Not the Answer

Recently, the United States has been engaged in a nationwide debate over loosening regulations regarding children’s employment. The Fair Labor Standards Act (FLSA) sets restrictions on the working hours of children under 16 and prohibits their employment in certain hazardous positions. However, some states, such as Iowa, Ohio, Arkansas, and Wisconsin, have either passed or are considering legislation allowing children to work longer hours or in potentially dangerous conditions in response to labor shortages. These new state laws conflict with existing federal regulations. This Comment discusses why states should refrain from relaxing their child labor laws to permit children to work longer hours than the federal limit or in hazardous conditions, and why the relaxed child labor laws in Iowa and Arkansas should be invalidated due to conflict preemption. For states contemplating loosening their child labor laws, like Ohio and Wisconsin, policymakers should carefully consider preemption issues and policy implications before making a decision.