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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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Trump funding freeze is existential threat: Morehouse College president

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Morehouse College President David Thomas speaks during Morehouse College’s graduation ceremony, before US President Joe Biden delivers his commencement address, in Atlanta, Georgia on May 19, 2024. 

Andrew Caballero-Reynolds | Afp | Getty Images

David Thomas, the president of Morehouse College, said his office fielded a surge of calls this week from worried students and their families concerned the Trump Administration’s “federal funding freeze” would directly impact college access

The sudden scramble was “perhaps only rivaled by what happened in March of 2020 when we realized that the Covid pandemic was truly a threat,” Thomas told CNBC. He became president of Morehouse, one of the country’s top historically Black colleges and universities, or HBCUs, in 2018.

This freeze on federal aid “would create another existential threat as great as the pandemic,” he said.

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Thomas’ comments come amid ongoing confusion about how a freeze on federal grants and loans could potentially impact students and schools.

A Jan. 27 memo issued by the Office of Management and Budget, which would affect billions of dollars in aid, said the pause on federal grants and loans “does not include assistance provided directly to individuals.”

Although the memo was later rescinded, the White House said a “federal funding freeze” remains in “full force and effect.” It is currently on hold amid legal challenges.

Thomas, who is also on the Board of Trustees at Yale University, said college leaders across the country have spent the better part of the week focused on “the consequences of this action.” Morehouse immediately initiated a hiring freeze in preparation for a potentially significant financial disruption.

“All of the institutions are still in limbo,” he said.

What college aid may be affected

At Morehouse College, about 40% of the student body relies on Federal Pell Grants, a type of federal aid available to low-income families.

Following the memo’s release, the Education Department announced that the freeze would not affect student loans or Pell Grants.

“The temporary pause does not impact Title I, IDEA, or other formula grants, nor does it apply to Federal Pell Grants and Direct Loans under Title IV [of the Higher Education Act],” Education Department spokesperson Madi Biedermann said in a statement.

In addition to the federal financial aid programs that fall under Title IV, Title I provides financial assistance to school districts with children from low-income families. The Individuals with Disabilities Education Act, or IDEA, provides funding for students with disabilities.

The funding pause “only applies to discretionary grants at the Department of Education,” Biedermann said. “These will be reviewed by Department leadership for alignment with Trump Administration priorities.”

President Trump moves to halt federal grants

But questions remain about other aid for college.

The freeze could affect federal work-study programs and the Federal Supplemental Educational Opportunity Grant, which are provided in bulk to colleges to provide to students, according to Kalman Chany, a financial aid consultant and author of The Princeton Review’s “Paying for College.”

The disruption to federally backed research funding also poses a threat to college programs and staff.

‘Lots of reasons to still be concerned’

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What federal employees need to consider when evaluating offer to resign

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A “Do not cross” sign is illuminated at a crosswalk outside of U.S. Capitol building in Washington, US, November 10, 2024. 

Hannah Mckay | Reuters

The Trump administration emailed more than 2 million federal workers this week, giving them the option to resign now and get pay and benefits through Sept. 30.

Workers have until Feb. 6 to accept the “deferred resignation” offer.

The payouts come on the heels of President Donald Trump‘s executive order to end DEI programs. On Wednesday, he said federal workers need to return to the office five days a week “or be terminated.”

“We think a very substantial number of people will not show up to work, and therefore our government will get smaller and more efficient,” Trump said at the signing of an immigration detention law.

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Experts advise federal employees to take their time before accepting the offer. By accepting the resignation, tenured federal employees could lose certain rights they may have.

“If you resign, it’s deemed voluntary,” said Michael L. Vogelsang, Jr., a principal of The Employment Law Group, P.C. “If you are a permanent, tenured employee in the government and the administration wants you out, laws still exist that federal employees cannot just be fired on a whim.”

Meanwhile, some lawmakers question whether the president can make this offer without Congressional approval.

Sen. Tim Kaine, D-Virginia, said federal employees should not be “fooled” by Trump’s proposal.

“If you accept that offer and resign, he’ll stiff you,” Kaine said. “He doesn’t have any authority to do this.” 

The Voluntary Separation Incentive Payment Authority gives federal agencies the authority to offer buyout incentives for some employees to resign or retire, but it is capped at $25,000.

Asked for more detail on the payouts, including what authority the president has to offer to pay through September 30, the White House referred back to its statement given on Tuesday.

“If they don’t want to work in the office and contribute to making America great again, then they are free to choose a different line of work and the Trump Administration will provide a very generous payout of eight months,” White House press secretary Karoline Leavitt said in a statement.

There is already uncertainty around current funding for the federal government. It’s operating under a short-term continuing resolution passed in December. Unless Congress acts, the federal government could shut down on March 14. 

Unlike with corporate buyouts, federal employees who received this offer can’t appeal for a better deal, experts say.

“Usually with buyouts, I think of more severance, and usually it’s sort of some kind of negotiation. This isn’t really negotiation. It’s sort of a unilateral offer,” Vogelsang said.

Still, some of the factors to consider for weighing the government’s deferred resignation offer are similar to what one would weigh in a corporate buyout, experts say:

Consider how much your position is at risk

For federal employees who aren’t permanent, Vogelsang says they should consider how much their position is at risk and if their skills make it likely they’ll be able to find another job. 

“I think there’s enough executive orders out there that people in DEI, probationary employees, IRS employees, environmental employees, can probably read between the lines that their positions may be at risk moving forward,” he said.

Research job alternatives 

Career experts advise not waiting to begin the job search.

“Start thinking about your search now, because it’s going to be longer than you think, especially with people flooding the market,” said Caroline Ceniza-Levine, a career coach and founder of Dream Career Club. 

Prepare for a job search by updating your LinkedIn profile, identifying your accomplishments and reflecting on professional achievements so you can explain them clearly and concisely. “You don’t get every job that you apply for, and that can be a very frustrating and emotionally draining process,” said Ron Seifert, senior client partner at the staffing firm Korn Ferry. 

Consider the work culture if you stay

Think about the culture and career implications of rejecting the offer. A question to ask yourself is, “If I’m still here after this is done, what will this place feel like?” Seifert said. “Is this a place where I have opportunity?”

“I would caution people against making decisions when they’re in the panic zone,” said Connie Whittaker Dunlop, principal of Monarch Consulting Group. “There are a fair number of unknowns, but if you can kind of ground yourself in what you know, what you value, and then make that, make a decision from that space, I think,  people will be better served.” 

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These child tax credit mistakes can halt your refund, experts say

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Millions of families claim the child tax credit every year — and filing mistakes can delay the processing of your return and receipt of your refund, according to tax experts. 

For 2024 returns, the child tax credit is worth up to $2,000 per kid under age 17, and decreases once adjusted gross income exceeds $200,000 for single taxpayers or $400,000 for married couples filing jointly.  

The refundable portion, known as the additional child tax credit, or ACTC, is up to $1,700. Filers can claim the ACTC even without taxes owed, which often benefits lower earners.

However, a lower-income family who doesn’t know how to claim the credit “misses out on thousands of dollars,” National Taxpayer Advocate Erin Collins wrote in her annual report to Congress released in January. 

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More than 18 million filers claimed the additional child tax credit in 2022, according to the latest IRS estimates. 

By law, the IRS can’t issue ACTC refunds before mid-February. But the Where’s My Refund portal should have status updates by Feb. 22 for most early filers, according to the IRS.  

Here’s how to avoid common child tax credit mistakes that could further delay your refund.

Know if you have a ‘qualifying child’

One child tax credit mistake is not knowing eligibility.

The rules can be “very confusing,” according to Tom O’Saben, an enrolled agent and director of tax content and government relations at the National Association of Tax Professionals.

To claim the child tax credit or ACTC, you must have a “qualifying child,” according to the IRS. The qualifying child guidelines include:

  • Age: 17 years old at the end of the tax year
  • Relationship: Your son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half-brother, half-sister or a descendant of these
  • Dependent status: Dependent on your tax return
  • Filing status: Child is not filing jointly
  • Residency: Lived with you for more than half the year
  • Support: Didn’t pay for more than half of their living expenses
  • Citizenship: U.S. citizen, U.S. national or a U.S. resident alien  
  • Social Security number: Valid Social Security number by tax due date (including extensions) 

You may avoid some eligibility errors by filing via tax software or using a preparer versus filing a paper return on your own, O’Saben said. Tax software typically includes credit eligibility, which can minimize errors.

Missing Social Security number

Typically, parents apply for a Social Security number in the hospital when completing their baby’s birth certificate. But it can take one to six weeks from application to receive that number, according to the agency, which can create time pressure for families with a new addition around tax season.

Filing a tax return and claiming the child tax credit before receiving the Social Security number is a mistake, O’Saben said.

“I have seen [the child tax credit] denied for people who have filed before they got the Social Security number for a dependent,” he said. “And there’s no going back.”

If you don’t have the number before the tax deadline, you should request an extension, which gives you six months more to file your return, O’Saben explained.

However, you still must pay taxes owed by the original deadline.

Tax Tip: Child Credit

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