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April 20, 2023

The Departments of Labor and Health and Human Services Announced New Efforts to Combat Exploitative Child Labor

Since 2018, the United States Department of Labor (DOL) has seen a 69 percent increase in unaccompanied children and adolescents - mainly from Latin America fleeing violence and poverty, the majority of whom are without a parent or guardian in the United States - employed illegally by companies. Last year, the DOL identified 835 companies that had employed more than 3,800 children, violating labor laws. It is worth mentioning that the highest civil fine under current law for child labor violations is only $15,138 per child. 

On February 17th, 2023, the DOL announced the resolution to one of its largest child labor cases in history, against Packers Sanitation Services, Inc. Ltd. This company also has close to 600 ongoing investigations related to child labor, and DOL continues to file complaints and begin investigations to protect unaccompanied minors. Because of this, the Departments of Labor and Health and Human Services are announcing the following actions to increase efforts to exhaustively examine the sponsors of unaccompanied migrant children and adolescents, investigate child labor violations, and hold businesses responsible: 

  • Creation of an inter-institutional working group directed by DOL to combat exploitative child labor: This will improve information shared between agencies, while advancing the health, education, and wellbeing of children in the United States and providing helpful information related to active investigations.

  • National Compliance Initiative for Child Labor: The Wage and Hour Division will use data and worker-focused strategies to begin investigations where it is most likely that child labor violations are occurring. The Division and the Office of the Attorney General will work together to sanction the use of child labor. 

  • Hold employers responsible: The DOL will hold employers responsible to make sure that child labor is removed from supply chains. Frequently, employers contract recruitment agencies for services that they don’t monitor, although they work on the premises, creating labor violations in the supply chain. Often, sponsoring businesses claim that they were not informed, or that they are incapable of controlling child labor problems happening in workplaces.

  • Obligatory follow-up calls for unaccompanied children who report safety concerns: Human Services will be required to make a call to any unaccompanied minor who calls the National Call Center for the Office of Refugee Resettlement (ORRNCC) with a safety concern. This additional call will be critical follow-up with the child to ensure that they understand which authorities to report their safety concerns to.

  • Expand post-release services for unaccompanied minors: Human Services will continue working with Congress to provide sufficient resources so that the ORRNCC can provide post-release services for all children and their sponsors by 2025. These services include assistance with school registration for children, ensuring they understand the legal process for immigration and that they can attend their court hearings, and helping them to find medical care, mental health care, and family counseling for those who are eligible. 

  • Increase funding for DOL compliance agencies: The DOL calls on Congress to comply with President Biden’s funding request for the Wage and Hour Division and the Attorney General’s Office to investigate cases of child labor. 

  • Ask that Congress raise civil fines for companies that use child labor: The Department of Labor calls on Congress to increase civil fines, strengthen protections against retaliation for people who report child labor violations, and investigate corporations that do not take child labor laws seriously. 

  • New training materials for unaccompanied minors to know their rights: ORR is creating new materials about unaccompanied children and adolescents, training their team and potential sponsors about child labor laws in the United States, to make sure that children as well as sponsors know about their rights and understand the legal restrictions of working before turning 18. 

Health and Human Services agencies continue doing their part to protect the health and wellbeing of unaccompanied children and adolescents, providing appropriate care while under their custody, placing them in the custody of parents, family members and other appropriate sponsors after investigation, and providing post-release services, including health and safety calls. Everyone, from employers to local laws, should do their part to protect children.

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