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Changes to child labor law being proposed across America

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As child labor violations soar across the country, dozens of states are ramping up efforts to update child labor laws — with widespread efforts to weaken laws, but some to bolster them as well.

The push for changes to those laws arrives as employers — particularly in restaurants and other service-providing industries — have grappled with labor shortages since the beginning of the pandemic, and hired more teenagers, whose wages are typically lower than adults’.

Labor experts attribute the spike in child labor violations — which, a Post analysis shows, have tripled in 10 years — to a tight labor market that has prompted employers to hire more teens, as well as migrant children arriving from Latin America. In 2023, teens ages 16 to 19 were working or looking for work at the highest annual rate since 2009, according to Labor Department data.

That has led to the largest effort in years to change the patchwork of state laws that regulate child labor, with major implications for the country’s youths and the labor market. At least 16 states have one or more bills that would weaken their child labor laws and at least 13 are seeking to strengthen them, according to a report from the Economic Policy Institute and other sources. Among these states, there are 43 bill proposals.

Since 2022, 14 states have passed or enacted new child labor laws.

Federal law forbids all minors from working in jobs deemed hazardous, including those in manufacturing, roofing, meatpacking and demolition. Fourteen- and 15-year-olds are not allowed to work past 7 p.m. on school nights or 9 p.m. on weekends.

Most states have laws that are tougher than federal rules, although an effort is underway, led by Republican lawmakers, to undo those restrictions, which is supported by restaurant associations, liquor associations and home builders associations.

A Florida-based lobbying group, the Foundation for Government Accountability, which has fought to promote conservative interests such as restricting access to anti-poverty programs, drafted or lobbied for recent bills to strip child labor protections in at least six states.

Among them is Indiana’s new law enacted in March, repealing all work-hour restrictions for 16- and 17-year-olds, who previously couldn’t work past 10 p.m. or before 6 a.m. on school days. The law also extends legal work hours for 14- and 15-year-olds.

Indiana legislators sparred over the bill, with state Sen. Mike Gaskill (R) saying at a hearing in March, “Do not for a second think that this is about the evil employers trying to manipulate and take advantage of kids.” But state Sen. Andrea Hunley (D) called the bill an “irresponsible and dystopian” way of “responding to our workforce shortage.”

In Florida, Gov. Ron DeSantis (R) signed into law changes that allow 16- and 17-year-olds to work seven days in a row. It also removes all hour restrictions for teens in online school or home-school, effectively permitting them to work overnight shifts.

Some states have reported soaring numbers of child-labor violations over the past year, with investigators uncovering violations in fast-food restaurants, but also in dangerous jobs in meatpacking, manufacturing and construction, where federal law prohibits minors from working. The Labor Department alleged in a lawsuit in February that a sanitation company, Fayette Janitorial Service, employed children as young as 13 to clean head splitters and other kill-floor equipment at slaughterhouses on overnight shifts in Virginia and Iowa.

Despite such findings, an Iowa law signed last year by Gov. Kim Reynolds (R) allows minors in that state to work in jobs previously deemed too hazardous, including in industrial laundries, light manufacturing, demolition, roofing and excavation, but not slaughterhouses. Separately, West Virginia enacted a law this month that allows 16- and 17-year-olds to work some roofing jobs as part of an apprenticeship program.

Six more states are evaluating bills to lift restrictions preventing minors from working jobs considered dangerous. A Georgia bill would allow 14-year-olds to work in landscaping on factory grounds and other prohibited work sites. Florida’s legislature has passed a law, drafted by the state’s construction industry association, that would allow teens to work certain jobs in residential construction. It is awaiting approval from DeSantis.

Carol Bowen, chief lobbyist for the Associated Builders and Contractors of Florida, testified in February that the state “has one of the largest skilled-work shortages in recent history” and that the construction industry needs to identify the “next generation.”

Bowen said the bill limits work for 16- and 17-year-olds to home construction projects, adding that teens wouldn’t be able to work on anything higher than six feet.

In Kentucky, the House has passed a bill that prevents the state from having child labor laws that are stricter than federal protections, in effect removing all limitations on when 16- and 17-year-olds can work.

Meanwhile, Alabama, West Virginia, Missouri and Georgia are considering bills this year that would eliminate work permit requirements for minors, verifying age or parental or school permission to work. Most states require these permits. Arkansas Gov. Sarah Huckabee Sanders (R) signed a similar bill into law last year.

Republican lawmakers often say they are trying to increase opportunities or bring requirements in line with federal standards when they push to loosen child labor laws. They say that lowering restrictions helps employers fill labor shortages, while improving teenagers’ work ethic and reducing their screen time. Another common refrain is that permitting later work hours allows high school students opportunities similar to those for varsity athletes whose games often go later than state law allows teens to work.

“These are youth workers that are driving automobiles. They are not children,” said state Rep. Linda Chaney (R), sponsor of the Florida bill expanding work hours for 16- and 17-year-olds, during a hearing in December.

Indiana state Sen. Andy Zay (R), who supported the state’s new law extending work hours for 14- and 15-year-olds, told The Washington Post that as a father of five children, including a son who plays high school basketball, he felt saddened by criticism that teens could be exploited into working later hours under this law.

“I don’t see that, and I don’t feel that. And certainly they would have the freedom to move on,” Zay said.

But the spike in child labor violations and the recent deaths of minors illegally employed in dangerous jobs have also prompted a push by labor advocates to strengthen state laws.

The Virginia legislature unanimously approved a bill in recent weeks that would increase employer penalties for child labor violations from $1,000 to $2,500 for routine violations. Gov. Glenn Youngkin (R) approved the measure Wednesday.

The bill’s sponsor, Del. Holly M. Seibold (D-Fairfax), told The Post that she was “shocked and horrified” to read recently about poultry plants in Virginia illegally employing migrant children and wrote legislation to raise the penalties.

Michigan, Pennsylvania, Iowa, Nebraska and Colorado also are pushing to raise employer penalties for child labor violations, with lawmakers calling them outdated and not substantial enough to deter employers from breaking the law. For example, Iowa fines employers $2,500 for a serious but nonfatal injury of a minor illegally working in a hazardous industry and $500 if there is no serious injury. The new bill proposes an additional $5,000 penalty for an injury that leads to a workers’ compensation case.

Terri Gerstein, director of the Wagner Labor Initiative at New York University, said that the focus on increasing penalties is “good, but, alone, is not good enough,” given that many states have very minimal resources dedicated to enforcing laws.

This year, Colorado legislators have introduced the strongest package to crack down on employers that break child labor laws. The legislation would raise fines for violations and deposit them into a fund for enforcement. Lawmakers are also seeking to make information on companies that violate child labor laws publicly available; in many states, such information is off-limits to the public. Colorado would also legally protect parents of minors who are employed illegally, as some have faced criminal charges for child abuse.

Colorado state Rep. Sheila Lieder (D), who introduced the bill, told The Post that Colorado’s child labor laws aren’t punitive enough to dissuade employers from violating the laws, with just a $20 penalty per offense.

“The fine in Colorado is like a couple cups of coffee at a brand-name coffee store,” Lieder said. “I was just, like, there’s something more that has to be done.”

Jacqueline Aguilar, a 21-year-old college student in Alamosa, Colo., who supports the bill, worked in the lettuce and potato fields on Colorado’s Eastern Plains from the time she was 13, alongside her immigrant parents, to buy school clothes.

“Laws have to be stricter because a lot of people don’t report” violations, said Aguilar, who worked 12-hour shifts in the fields starting at 4:30 a.m. growing up. She said she had no knowledge of her labor rights at the time. “Once I started getting older and my mom became disabled because of the job, it changed my perspective on children working.”

correction

In Kentucky, the House-passed bill that prevents the state from enacting child labor laws stricter than federal protections but does not also repeal requirements for meal and rest breaks for minors. A previous version said that the bill would repeal breaks for minors.

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CFPB takes aim at credit card issuers over ‘bait-and-switch’ rewards

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The secret to credit card rewards

CFPB cracks down on rewards tactics

About 90% of all credit card spending is on rewards cards. But according to the CFPB, an increasing number of consumers have reported that some rewards are hard to redeem or are not worth as much as they thought. In 2023 alone, complaints involving credit card rewards jumped 70% over pre-pandemic levels. 

“Large credit card issuers too often play a shell game to lure people into high-cost cards, boosting their own profits while denying consumers the rewards they’ve earned,” CFPB Director Rohit Chopra said in a statement. “When credit card issuers promise cashback bonuses or free round-trip airfares, they should actually deliver them.”

According to the Consumer Bankers Association, only a small share of credit card users report problems with rewards: Complaints regarding rewards made up just 2% of all credit card complaints reported to the CFPB since January 2020. 

“The only bait-and-switch that’s happening here is from the CFPB once again misrepresenting its own data,” CBA President and CEO Lindsey Johnson said in a statement.

“As the CFPB’s own research shows, credit cards are — by far — the best tool for the one-fifth of Americans that lack access to credit to begin building their financial lives,” Johnson said.

Consumer complaints about credit card rewards are exceedingly rare, the American Bankers Association also noted.

“Despite widespread evidence that credit card rewards programs are highly popular and deliver tremendous value to tens of millions of U.S. cardholders from all walks of life, Director Chopra has once again chosen not to let facts get in the way of his decision to tarnish a hugely popular consumer product,” Rob Nichols, the ABA’s president and CEO, said in a statement.

Consumers like reward cards

Even with credit card interest rates near an all-time high, when deciding on a new credit card, 83% of cardholders said their final decision comes down to perks, according to a separate report by CardRates.com.

The majority, or 58%, of credit card users polled by CardRates said they preferred cash back over miles or points. But still, not all cardholders used the credit card rewards available to them.

Travel rewards can be more lucrative but are notoriously harder to redeem, Bankrate also found. Only 11% of rewards cardholders redeemed for a free hotel stay, while just 10% redeemed for a free flight, according to Bankrate.

“Failing to redeem your rewards is a major missed opportunity,” said Bankrate’s senior industry analyst Ted Rossman. “While the best rewards can be subjective, the worst reward is getting nothing at all.”

How to make the most of rewards

In the best-case scenario, credit card rewards are “almost like free money,” said Bill Hardekopf, a credit card expert and CEO of BillSaver.com.

But that’s only if you pay your credit card off on time and in full every month. With credit card rates over 20%, on average, the benefits of cash back or other perks are quickly eroded if you carry a balance.

“If you miss a payment or are late on a payment, you get socked with a huge penalty — that interest rate will far outweigh the rewards you are going to get,” Hardekopf said.

When it comes to which reward card to choose, Hardekopf recommends a cash-back card with a low, or no, annual fee. “The best reward you can get is cash back because cash talks — it’s easy to understand and there’s no problem redeeming.”

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Some shoppers prefer retail credit cards over buy now, pay later plans

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High interest rates aren’t deterring many shoppers from store credit cards.

When asked to choose between a store card or a buy now, pay later plan, 58% of surveyed shoppers prefer store cards, according to a new report by LendingTree. The remaining 42% picked BNPL loans.

The site polled 2,040 U.S. adults in September.

That choice “speaks to the fact people may be looking for a little bit longer-term help with their financial situation,” said Matt Schulz, chief credit analyst at LendingTree.

In December, new cards offered by the top 100 retailers had an average annual percentage rate of 32.66%, up from 27.7% in 2022, according to the Consumer Financial Protection Bureau. Many short-term BNPLs do not charge interest, but longer-term loans do, and on the higher end, those rates can be comparable to a store card.

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Younger shoppers have been early adopters of BNPL, and that shows in their payment preferences. 

About 59% of Gen Zers and 51% of millennials prefer BNPL over retail store credit cards, Lending Tree found. To compare, 38% of Gen Xers and 22% of baby boomers prefer BNPL.

“Buy now, pay later really started off as a millennial, Gen Z phenomenon,” Schulz said. “Younger Americans really drove a lot of the growth.” 

Whichever payment option you plan to use to finance holiday purchases this year, keep in mind the cost of carrying the debt, experts say.

How store cards and BNPL work

Gen X most likely to max out their credit cards, survey finds

A retail credit card can affect your credit history, as the account is reported to the three major credit bureaus: Equifax, Experian and TransUnion.

BNPL has been somewhat “invisible” to credit bureaus in the past, meaning the loan did not show up on users’ credit reports. But AfterPay, Affirm and Klarna are among the providers reporting some BNPL loans to the credit bureaus.

Both payment forms can be attractive for shoppers. Retail store credit cards tend to be easier to qualify for compared to other credit cards, especially as banks have been tightening credit card approval requirements in recent months, Schulz said. 

Over the third quarter of 2024, some banks have tightened their lending standards for credit card loans, lowered their credit limits and increased minimum credit score requirements, according to the Federal Reserve.

“It’s a reaction from the banks to rising delinquencies, rising debt and overall economic uncertainty,” Schulz said.

BNPL can also be relatively easy to apply for and qualify.

“The rise of buy now, pay later is the biggest reason why Americans are opening fewer store cards,” according to Ted Rossman, an industry analyst at Bankrate.

‘Consider the total cost of ownership’

The holiday season is here, a busy time to buy gifts for family and friends. If you find yourself in a situation where a retail store credit card or a BNPL can help stretch your budget, consider the “total cost of ownership,” Rossman said.

“Both of these payment methods can be advantageous depending on how you use them, but could also be a pretty slippery slope into debt and overspending,” he said.

BNPL can be tricky because you can have multiple loans running at the same time, and the costs “can add up,” Rossman said. Make sure to keep track of the pay-later loans you have and are able to withstand the automatic deductions.

If you can’t pay a retail card purchase off at the end of the statement period, any discount, reward or perk that you may get is going to be washed over by the interest you’ll owe on top of the outstanding balance, Schulz said. 

“Paying 30% interest to save 15 or 20% doesn’t make a whole lot of sense financially,” Schulz said.

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What to know before rebalancing with bitcoin profits, advisor says

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Many investors are likely still deciding whether to stay in bitcoin or reduce their profits from the last bull run to new all-time highs.

So, after a strong year for bitcoin, it could be time for investors to weigh rebalancing their portfolio by shifting assets to align with other financial goals, according to financial experts.    

The price of the flagship digital currency sailed past $100,000 in early December and was still up more than 130% year-to-date, as of Dec. 18. 

Some investors now have large bitcoin allocations — and they could have a chance to “take some risk off the table,” said certified financial planner Douglas Boneparth, president of Bone Fide Wealth in New York.

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“The golden rule of ‘never invest more than you’re willing to lose’ comes into play, especially when we’re talking about speculative assets,” said Boneparth, who is also a member of CNBC’s Financial Advisor Council.

Before using bitcoin profits to buy other investments, you may consider using the gains to fund another financial goal, like retiring early or buying a home, he said.  

Decide on your ‘line in the sand’

There’s a different thought process if you want the money to stay invested, Boneparth said.

Typically, advisors pick an asset allocation, or mix of investments, based on a client’s goals, risk tolerance and timeline.

Often, there’s a “line in the sand” for the maximum percentages of a single asset, he said.  

Typically, Boneparth uses a maximum of 20% of a client’s “investable net worth,” which doesn’t include a home, before he starts trimming allocations of one holding.

‘There’s no free lunch’ with taxes

However, you could harvest crypto gains tax-free if you’re in the 0% long-term capital gains bracket for 2024, experts say.

For 2024, you’re eligible for the 0% rate with taxable income of $47,025 or less for single filers and $94,050 or less for married couples filing jointly. These amounts include any gains from crypto sales.

“That’s a very effective strategy if you’re in that bracket,” Andrew Gordon, a tax attorney, certified public accountant and president of Gordon Law Group, previously told CNBC.

The 0% capital gains bracket may be bigger than you expect because it’s based on taxable income, which you calculate by subtracting the greater of the standard or itemized deductions from your adjusted gross income.

Financial advisors take on crypto: Here's what to know

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