H.R. 9347 — CHILD Labor Act

This section expands the definition of oppressive child labor under the Fair Labor Standards Act to prohibit employment of any individual under 18 years of age in manufacturing, mining, trenching or excavation, meat processing, demolition, or explosives, and to authorize the Secretary of Labor to designate additional occupations or places of work as hazardous for those under 18 or for those ages 14 or 15. It requires the Secretary to issue regulations implementing these prohibitions within 180 days of enactment and to review and update the regulations at least every 5 years.

This section extends from 30 to 180 days the period during which goods produced with oppressive child labor may not be shipped in commerce. It prohibits any person from offering goods or services produced under a contract or subcontract at any tier if oppressive child labor is employed in performance of that contract, unless the person relied in good faith on written assurances of compliance, had no notice of violations, and took meaningful affirmative steps to ensure compliance by all contractors and subcontractors. It authorizes the Secretary of Labor to obtain records from contractors and subcontractors, issue stop work orders applicable to one or more worksites with required compensation for affected workers, affix “Unlawfully manufactured; child labor” tags to violating goods, and hold successors in interest jointly and severally liable.

This section increases civil penalties for child labor violations under the Fair Labor Standards Act to $160,350 per affected employee or $728,760 per violation causing death or serious injury to a worker under age 18, with both amounts subject to doubling for repeated or willful violations, those in hazardous occupations, those within 10 years of a prior violation, or those involving more than 10 children. It imposes a new civil penalty of up to $75,000 per violation for retaliation tied to child labor complaints. It also makes violators liable for compensatory damages of at least $75,000 per employee (or $750,000 for death or serious injury), plus punitive damages of at least $1,000,000 in death or serious injury cases, and authorizes the Secretary of Labor to supervise payments and pursue such relief.

This section requires the Secretary to establish and supervise programs for education and training on recognizing, avoiding, and preventing child labor violations under section 12 of the Fair Labor Standards Act. It also mandates training for professionals who serve children on identifying oppressive child labor and its risk factors, as well as efforts to detect violations and support victims.

This section prohibits contractors, subcontractors, and suppliers at any tier under Walsh-Healey Public Contracts Act contracts from employing individuals under 16 years of age or employing individuals 16 or 17 years of age in oppressive child labor as defined in the Fair Labor Standards Act (29 U.S.C. 203(l)). It establishes a good faith defense shielding prime contractors from secondary liability when they obtain written assurances from subcontractors, lack notice of violations, and take affirmative compliance steps. It also imposes joint and several liability on successors in interest, defined to include entities using substantially the same facilities or workers, employing former managing agents, or sharing immediate family ownership in the same industry.

This section prohibits the employment of oppressive child labor, as defined under the Fair Labor Standards Act, by contractors, recipients, subcontractors, or suppliers performing work under Davis-Bacon Act contracts, Service Contract Act contracts, or federal construction assistance agreements entered after enactment. It requires such parties to provide training on the prohibition, establish labor-management committees to review child labor policies and promote reporting of violations, and pay the Federal Government liquidated damages of $20 per day for each individual employed in oppressive child labor, with authority to cancel the contract or assistance and recover additional costs.

This section requires the Secretary of Labor, in consultation with the Secretary of Health and Human Services and relevant State agencies, to collect and analyze data on trends in work-related injuries, illnesses, and deaths. It mandates annual reports to Congress beginning 180 days after enactment that include a data summary, status evaluation, and recommendations, with publication in the Federal Register and on the Department of Labor website.