US Rep. Hillary Scholten introduces bill to bolster penalties for exploiting child labor

U.S. Rep. Hillary Scholten, D-Grand Rapids, wants to crack down on companies using child labor after a New York Times report uncovered migrant children missing school and working in harsh and potentially dangerous conditions, including in her west Michigan district.

Scholten announced the Justice for Exploited Children Act Wednesday. The bill, co-sponsored by Rep. Nancy Mace, R-South Carolina, would increase the maximum financial penalties for companies found to be violating child labor laws.

The current maximum civil penalty for a violation of child labor standards is $15,138, and $68,801 for a violation leading to serious injury or death, per the U.S. Department of Labor. Under the proposed changes, a minimum fine floor of $5,000 per standard child labor violation and $25,000 for violations leading to serious injury or death would be instituted. Maximum penalties would be increased to $132,270 for standard violations and $601,150 for violations leading to serious injury or death.

Federal child labor laws generally prohibit children under 16 from working in most scenarios, heavily restrict the settings and hours children 16 and older can work, and bar anyone under 18 from working in any hazardous occupation, according to the Department of Labor.

“These numbers are designed again as a deterrent and to further ensure that no child is exploited in this way going forward,” said Scholten, a former immigration attorney at the U.S. Department of Justice.

More: US Rep. Scholten demands action on child labor exposed in NYT investigation

The Times investigation followed a 15-year-old girl working at a food processing plant in Grand Rapids, the seat of Scholten’s congressional district. The report detailed how the girl, and other children working in facilities for auto parts suppliers, clothing manufacturers and in meat packing would routinely be too tired to sit through class after long overnight shifts, with many dropping out of school altogether.

Two federal agencies, the U.S. Department of Labor and the U.S. Department of Health and Human Services, have launched a task force to address preventing situations where children are put into unsafe and illegal working conditions, as well as targeting employers who exploit child labor illegally. Scholten said she called the White House immediately after learning of the report to request such a task force.

Scholten called the legislation a starting point on the issue, arguing it will take a multi-faceted approach from Congress to deal with the “fully broken” immigration system which leads to migrant children being forced to take jobs – often, children may work to support their families or be indebted to a trafficker.

“It is saturated with violations and it is so much easier for these kids to fall through the cracks,” Scholten said. She noted the bill doesn’t aim to prevent minors from making a living, but ensuring companies that exploit child labor illegally are held accountable.

Scholten is hopeful having a Republican co-sponsor in Mace will boost the bill’s chances of making it through the GOP-controlled House. She said she’s been in contact with members of the House Committee on Education and the Workforce about taking up the legislation.

She also mentioned similar legislation introduced by Sen. Brian Schatz, D-Hawaii, which also seeks to crack down on companies using illegal child labor. In addition to raising civil fines, Schatz’s bill would also create new criminal penalties for companies illegally using child labor. Scholten’s bill does not contain any criminal provisions.

Scholten is open to exploring potential criminal provisions, but conceded that tying criminal penalties to legislation has stalled similar efforts in the past, saying “I was just laser focused on getting something introduced that we thought stood the best possible chance of getting through.”

Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.

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This article originally appeared on Detroit Free Press: Scholten bill would stiffen fines for exploiting child labor