S. 4817 — CHILD Labor Act

This section revises the definition of oppressive child labor 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 declare additional occupations or places of work hazardous to those under 18 or to those ages 14 or 15. It requires the Secretary to issue regulations on these occupations and places of work within 180 days of enactment and to review and update the regulations at least every 5 years.

This section expands liability for oppressive child labor by prohibiting any person from offering goods or services produced under contracts or subcontracts that employ such labor, unless the person relied in good faith on written assurances, had no notice of violations, and took meaningful affirmative steps to ensure compliance. It extends the hot goods prohibition period to 180 days (from 30 days) and adds the same affirmative-steps requirement for purchasers. It authorizes the Secretary of Labor to issue stop-work orders that may cover multiple worksites and require compensation for idled workers at their regular rate, affix “Unlawfully manufactured; child labor” tags up to 6 inches long to violating goods, and hold successors in interest jointly and severally liable under the defined criteria.

This section increases civil penalties for child labor violations under the Fair Labor Standards Act to $160,350 per employee (doubled for repeated or willful violations, those in hazardous occupations, or employers with more than 10 child workers) and to $728,760 for violations causing death or serious injury. It imposes civil penalties up to $75,000 for retaliation related to child labor complaints. It authorizes compensatory damages of at least $75,000 per affected employee (or $750,000 for death or serious injury), punitive damages up to $1 million, and legal or equitable relief, and extends liability and remedies to any person violating child labor provisions.

This section directs 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; training professionals who serve children on identifying oppressive child labor and its risk factors; and identifying potential violations while supporting victims.

This section prohibits federal contractors, subcontractors, and suppliers at any tier from employing individuals under 16 years of age or employing 16- or 17-year-olds in oppressive child labor as defined under section 3(l) of the Fair Labor Standards Act. It provides contractors a good faith defense from secondary liability if they relied on written assurances from subcontractors or suppliers and took affirmative steps to prevent violations. It imposes joint and several liability on successors in interest of contractors, defined as entities using substantially the same facilities or workers, employing the same managing agents for wages or hours, or sharing ownership with immediate family members in the same industry.

This section prohibits oppressive child labor, as defined in the Fair Labor Standards Act, by contractors, recipients, subcontractors, and suppliers in Davis-Bacon Act contracts, Service Contract Act contracts, and certain federal grants or loans for construction awarded after enactment. It requires such parties to provide training on the prohibition to subcontractors and suppliers and to establish labor-management committees to review child labor policies and promote violation reporting. Violators face liquidated damages of $20 per day per individual employed in oppressive child labor, contract cancellation with costs charged to the original party, and joint and several liability for successors in interest.

This section directs the Secretary of Labor to collect and analyze data on overall trends in work-related injuries, illnesses, and deaths and on related enforcement trends under Federal or State law, in consultation with the Secretary of Health and Human Services. It requires the Secretary to submit a report to Congress no later than 180 days after enactment and annually thereafter that summarizes the prior year's data, evaluates the status of such injuries, illnesses, and deaths, and includes recommendations, and to publish the report in the Federal Register and on the Department of Labor website.