Full text of Why Child Labor Laws?, Bureau Publication No. 313

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WHY
CHILD
LABOR
LAWS?

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ed in the wlWre it will he exhibited at the
v? avow-i house at f o’clock, this evening - allVwbo
that y oo feel an interest in the discovery, may be gra­
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in all this month, where a number o f boys
and girls from 8 to »2 years o f age are want­
ed, to whom constant employment and en ­
couraging wages will be given : also, work
will be given out to women at their homes,
and W ID O W S , will have the preference in
all cases, where work is given out, and sa­
tisfactory recommendations will be expectedThis being the first essay o f the kind, in
this city , it is hoped that those citizen»
having a knowledge o f families w ho have
CHILDREN destitute o f em ploy, w ill do
an act o f Public benefit, by diiecting them
to this institution.
Applications will be received by Thomas
W hite, at the Manufactory near the Friend’s
Meeting-house, O ld-Tow n, or by the sub­
scriber.

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ISAAC BURNESTON,
No. i9Q, Market-street.
January 4.

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'9^^^^j^oollenM anufactories
promoting the establishment o f Cotton am®
Woollen'Manufactories, bild at the Mer- j
caused no comments 100
chants* C» flk* House on Saturday Evening,
years ago. Oppressive child
.agreeably to a notice in the several news­
papers, a committee was appointed to meet
labor was commonplace.
■rmed of -It the same place or, Wednesday next, the
¡qaaimed ■ 6th instant, at six o’clock in the Evening.'
ury ro m for the purpose o f rcentring such com muni
you had cations ax "any of the citizens/ acquainted
.with the theory or pivif.ee of either of the*
nge me. above blanches, may think proper to
is.t night, make. So them and to make report there­
: avowed o f to a general meeting o f the citizens to
m m l re- be held at the Merchants* Coffee House, on
nay haw Saturday, the 0th instant at 6 o’clock m
in relafi- the Evening.
All persons having any knowledge of, or
; result of
he most Finformation concerning the above tranches,

» f which i are respectfully invited either to meet the
committee at the time above mentioned, and
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WHY
CHILD
LABOR
LAWS?
by LUCY MANNING, Consultant in Child Labor Standards

W hat is child labor?
Child labor is the employment o f boys and girls when they are too
young to work for hire, or when they are employed at jobs unsuitable or
unsafe for children o f their ages, or under conditions injurious to their
welfare. It is any employment that robs them o f their rightful heritage
o f a chance for healthful development, full educational opportunities,
and necessary playtime. It does not mean the school activities of boys
and girls nor does it include their home chores and duties.

W hy are child-labor laws needed?
Child-labor laws are needed to make sure that boys and girls have
sufficient time for schooling and recreation. The loss o f schooling for
the child who goes to work at an early age is one o f the serious results
of child labor. It will directly affect his ability, when he is grown,
to make a living and to take an intelligent part in community life. Lack
o f recreation and play time in a child’s growing years also limits his
well-rounded development.
Child-labor laws also are needed to prevent work of children at
unsuitable ages or under undesirable conditions, for excessive hours or at
night, at tasks too heavy for their strength or at jobs that may result
in injury, or at jobs that may retard their physical development or be
injurious to their health. Laws preventing child labor, like other laws
for the protection o f workers, help to improve working and living condi­
tions for all the people.
Child-labor legislation alone will not get rid o f child labor. It
is only one step toward such a goal. Means must also he found to prevent
the causes o f child labor and to provide educational opportunities for
all children. Many children leave school for jobs because their family
income is low and the extra money is needed for their support. Also
many children leave school for work because they become dissatisfied and
686481°—46

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1

The use of child labor such as this is now ille­
gal under State and Federal law, though some exists.

unhappy with what they get from school. They fall behind, lose interest,
and as soon as the law permits, leave school for a job.
Child labor will not end until families have sufficient income for
their needs— sufficient to provide themselves a standard of decent living.
It is equally important to improve school opportunities, strengthen com­
pulsory school-attendance laws, and improve instruction to meet the
abilities and special needs o f all pupils.

How did child-labor laws get their start?
Child-labor legislation in the United States is rooted in the American
principle that a free people need education. In the early part of the
nineteenth century, with the beginnings of the textile industry in New
England, manpower was scarce and child labor was cheap. Children
of 8 or 9 years or even younger were employed in the mills. They worked
for 12 or 13 hours a day or from dawn to dark. Grace Abbott in The
Child and the State gives an example o f a factory in Connecticut that
advertised for boys and girls from 10 to 14; another that wanted "lively
boys from 8 to 18.” The Baltimore Cotton Manufactory, in the Federal
Gazette of Baltimore for January 4, 1808, asked for "a number of boys
and girls from 8 to 12 years o f age,” and urged citizens "having a know­
ledge o f families who have children destitute of employ,” to do "an act
o f Public benefit by directing them to this institution.”
For these mill children there was much work and little education.
Such schooling as they received was left to the generosity of the mill
owners. It was usually obtained in Sunday schools or at night after the
long workday.


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This lack of education brought the first effort to control child labor
by law. In 1813, Connecticut passed a law requiring mill owners to have
the children in their factories taught reading, writing, and arithmetic.
In 1836, Massachusetts required that children under 15 working in
factories attend school for 3 months a year. Other States passed similar
laws. This was followed by State laws regulating the hours of work of
young children. Massachusetts in 1842 limited children under 12 years
o f age to 10 hours o f work a day. In the same year, Connecticut passed
a 10-hour-day law for children under 14. By 1860 a number of States
prohibited the employment in factories of children under a certain age,
usually under 10 or 12 years.
After the Civil War as business grew and new machines were devel­
oped the number o f employed children increased. But America was be­
coming increasingly aware o f the results and causes of child labor. In
1881 the American Federation of Labor at its first convention urged com­
plete abolition by the States of the employment of children under 14 in
any capacity. The National Consumers League organized in 1899 and
the National Child Labor Committee in 1904 aroused public interest in
safeguarding working children. Improvements in child-labor laws were
made gradually, as the public became more and more aware of child-labor
evils.
From the early beginnings requiring first that the child have schooling
for a certain number o f months, and secondly limiting the hours that the
child might work, our present State and Federal child-labor laws have
developed. Many citizen groups, including labor unions and women’ s

"Education in this county is in competition with
beans, and beans are winning o u t ." Hearings, 1940.


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organizations, have through the years actively supported child-labor
legislation and worked for better enforcement o f child-labor laws.

Is child labor a serious problem now?
Child labor is still a serious problem, although much progress has
been made in controlling it through child-labor laws. It is most likely
to be found where cheap labor is wanted, or where employers are careless.
As a result of wartime labor demands nearly three million youth or
three times as many boys and girls 14 through 17 years of age were working
in the spring o f 1945 as were working in 1940. Half of them were in
full-time jobs, and the other half in part-time work. About two million
o f these were 16- or 17-year-olds and about one million were 14 or 15.
Many children under 14 were also known to be working. Some o f this
work was suitable employment, but many boys and girls were working at
too young an age, for too long hours, at night, in hazardous jobs or under
other undesirable conditions. Much o f it was at the sacrifice of education.
Now that the war is over, fewer boys and girls under 18 will be employed,
but the numbers are likely to remain in the millions.

How is child labor regulated?
Child labor is now regulated by both State and Federal Governments.
State child-labor laws were in eifect for many years before the Federal
Government enacted such legislation. An employer must obey both
State and Federal laws that apply to his employees. I f Federal and State
laws are different, the law that sets the higher standard is the one he
must follow.
Many employers are required to comply only with the State childlabor law. This is because Federal child-labor provisions are more
limited in application than State child-labor laws. But even with both
State and Federal legislation designed to restrict child labor, there are
still some kinds o f child employment that are not affected by either State
or Federal law, or in which the child is not sufficiently protected by
these laws.

W hat Federal laws regulate child labor?
The Federal Government controls child labor mainly through the
child-labor provisions o f the Fair Labor Standards Act of 1938. This act
sets minimum ages for the employment o f minors in or about establish­
ments producing goods for shipment in interstate or foreign commerce.
These child-labor provisions are administered by the Children’s Bureau
o f the United States Department o f Labor. This act also contains
provisions relating to wages and hours o f work that apply to young and
adult workers alike.

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In addition, two other Federal acts contain child-labor provisions.
The Public Contracts Act requires that any contractor manufacturing or
furnishing goods or supplies for the Federal Government in an amount
exceeding $10,000 shall agree, as one of the conditions of his contract with
the Government, that he will not employ boys under 16 or girls under 18
on such work. This act is administered by the Wage and Hour and Public
Contracts Divisions of the United States Department of Labor.
The Sugar Act o f 1937, which is administered by the United States
Department o f Agriculture, provides for payment of benefits to growers of
sugar beets and sugarcane who comply with certain conditions. One of
these conditions is that such growers do not employ children under 14
years o f age in cultivating and harvesting sugar beets or sugarcane and do
not employ children between 14 and 16 years o f age in such work for more
than 8 hours a day. Benefit payments are subject to deduction in case a
child is employed or permitted to work contrary to such standards.

W hat are the child-labor standards oi the Fair
Labor Standards A ct?
The child-labor provisions o f the Fair Labor Standards Act set the
following minimum ages for the employment o f minors in or about estab­
lishments producing goods for shipment to other States or to foreign
countries:
16 for any employment during school hours; •
16 at any time in manufacturing, mining, or processing occupations
or in occupations requiring the performance of any duties in work

One of the less regulated types of work that many
children work at too early or too late in the day.


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Hopping off and on a moving truck may be a lot oi
fu n, but it's a dangerous business for young boys.

rooms or work places where goods are manufactured, mined, or
processed;
16 at any time in operation of elevators, or operation of any powerdriven machinery, except office machines, and in other specified
occupations;
18 in occupations found and declared particularly hazardous by order
o f the Chief o f the Children’» Bureau (six such orders have been
issued);
14 outside school hours in limited occupations (occupations other
than those specifically enumerated as having a 16- or 18-year
minimum age), but boys and girls 14 and 15 years of age may be
employed only under specified safeguards as to hours and night
work.

How do State laws regulate child labor?
Every State has a child-labor law regulating the conditions under
which employers may hire children and young people and also a com­
pulsory-school-attendance law, the latter requiring children of certain
ages to attend school.
State child-labor laws vary considerably both as to the occupations
to which they apply and as to the standards they set up for thè employ­
ment of children and young people. Some laws apply to all gainful occu­
pations, while other laws exempt agriculture or domestic service, and still
others apply only to specified establishments, such as factories or stores.

6


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Children who sell or distribute newspapers, magazines, or other articles on
the streets, or work as street bootblacks, are often subject to special streettrades regulations.
These child-labor'laws, in general—
• Set a minimum age for employment— an age below which no child
may be employed in the occupations or establishments listed in the
law. Such a minimum age usually applies to factories and stores,
and often to most nonagriculttiral employment; often it applies also
to any employment during school hours.
• Fix a higher minimum age for employment in at least some hazard­
ous'occupations, as in operating power-driven woodworking ma­
chines or elevators.
• Require that employers obtain employment certificates or work
permits for each young worker that they hire.
• Limit maximum hours o f work, both daily and weekly.
• Prohibit night work.
Some child-labor laws contain other protective measures, such as
that time be allowed young Workers for meal periods.

W hat legal child-labor standards are desirable?
Using the best child-labor laws as a yardstick, the following minimum
standards have been accepted as necessary to protect boys and girls:
• A minimum age o f 16 years for employment except work outside
school hours in certain nonfactory employment at 14 and 15;
• A maximum 8-hour day and a maximum 40-hour, 6-day week for
young workers under 18; additional limits on daily and weekly
hours o f work when combined with school;
• Night work prohibited at least between 6 p. m. and 7 a. m. for boys
and girls under 16, and at least between 9 or 10 p. m. and 6 a. m.
for those 16 and 17 (or during similar night hours);
• Provision for adequate lunch period;
• Employment certificates required for the employment o f minors
under 18;
• Employment prohibited under 18 in certain hazardous or injurious
occupations and in occupations found and declared hazardous or
injurious by the appropriate administrative body.

W hat are the chief lacks in State child-labor laws?
Although much progress has been made by States toward these
standards, the child-labor laws o f many States still have serious lacks in


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7

the protection they give.

These include the following:

• Few child-labor laws apply to all work o f children for hire. Em­
ployment in agriculture and domestic service and in street trades is
the least regulated.
• Two-thirds o f the States set a minimum age for employment of
less than 16 years for work during school hours or in manufacturing
establishments.
• Though most States prohibit children under 16 from working longer
than an 8-hour day, 48-hour week, only 7 States limit the weekly
hours o f such children to 40 or less.
hours for such children to 24.)

(One State has limited weekly

• Less than one-fourth o f the States limit hours of work added to
hours in school for children under 16, and only two give this pro­
tection to minors 16 or 17 years o f age.
• Less than one-half of the States limit the maximum weekly hours
o f work o f both boys and girls 16 and 17 to 48 or less. Only 2
States set a maximum 40-hour week for such minors, 4 set 44.
• Though nearly all the States have some prohibition against night
work for children under 16, half of the States have no prohibitions
or practically none affecting either girls or boys 16 and 17 years
o f age.
• Though all except 5 States require employment certificates for
minors under 16, less than one-half o f the States require employ­
ment certificates for minors 16 and 17 years of age.
• Less than half the States require employers to give both boys and
girls time for meal periods during their work day.
• Few State child-labor laws extend adequate protection to minors
under 18 years o f age from employment in hazardous occupations.

How are child-labor laws enforced?
Child-labor laws are usually enforced:
• Through spreading information about the provisions of the law.
O Through issuance of employment certificates or work permits, which
certify or show that the boys and girls for whom they are issued
have met all the requirements of the child-labor law for going to
work. These certificates or permits also give the employers per­
mission to employ under legal conditions the young workers named
in the certificates. Under most child-labor laws these certificates
or permits must be kept on file by the employer during the young
worker’s employment.

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" I 'v e been working on the railroad" may be a pop­
ular song but such work is not suitable for boys.

• Through regular inspection of work places to see whether young
workers are employed in violation of the law. Inspections under
State child-labor law are made usually by the State labor depart­
ments. Inspections for the enforcement of the Fair Labor Stand­
ards Act and the Public Contracts Act are made by the United
States Department of Labor, while the Department of Agricul­
ture investigates for compliance with the child-labor conditions
set by the Sugar Act.
• Through investigation of complaints received from school-attend­
ance officials, labor representatives and other interested citizens
who know of children whom they believe to be illegally employed.
• Through prosecution o f employers where this step is necessary to
obtain compliance with the law.

W hy should em ploym ent certificates be required?
An ounce of prevention is worth a pound o f cure. Employment cer­
tificates or work permits required as a condition for employment are a
means of preventing illegal child labor before it occurs. They are issued


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John will get a work permit. He is old enough and
physically lit lor the job which has been offered.

only for children who have met all the requirements of the child-labor
law for going to work. Employers are required to obtain certificates or
permits for children in their employ. They thus protect both the employ­
er and the child and are the foundation of a good enforcement program.
Moreover, the certificates make possible some supervision of the
child by labor law officials during the first years of his work life. From
the certificates issued, the department that enforces the law can find
out where young workers are employed and is enabled more easily to
see that their working conditions meet those set up by law for their pro­
tection. As employment certificates or work permits must be on file in
the establishment o f the employer they are an aid to the child-labor inspec­
tor. By reviewing these certificates he is able to find out the age of
any particular minor and the occupation for which he was hired, thus
he can determine the legality of the minor’s employment.

Of what special value are em ploym ent certificates
to the child?
Properly issued, a certificate or permit insures that the child enters
the job only when he is o f legal age and with all the protection the law
provides. It serves as his passport to work at a particular job for a par­
ticular employer.
Moreover, these permits or certificates provide a link between the
child’s school and his job. School officials who usually issue the employ­
ment certificates, have an opportunity to give help to boys and girls who
contemplate dropping out o f school for work. Sometimes they may


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dissuade them from leaving school or may help them work out arrange­
ments for going to school part time and working part time.

Of what special value are em ploym ent certificates
to the em ployer?
Employment certificates or work permits make it possible for the
employer to be sure that he obeys the law, that no young worker enters
his employment before he is old enough, or until he has met all other
requirements o f the law for going to work. The employer, assured o f the
young worker’s age and informed o f the hours and other conditions under
which the boy or girl may legally work, will be in a position to see that
his working hours are not excessive and to see that he is not given duties
dangerous or hazardous for a person of his age.
Many States issue age certificates for boys and girls above the age
for which a certificate or permit is required by law, if the employer or
the young worker requests it.
Age and employment certificates or work permits, issued under State
child-labor laws, are accepted as proof o f age under the child-labor law
of the State in which they are issued. They are also accepted as proof
of age under the Fair Labor Standards Act. However, 4 States (Idaho,
Mississippi, South Carolina, and Texas) do not have State employmentcertificate systems. In these 4 States, Federal certificates of age are
issued by the Children’s Bureau, United States Department of Labor, for
use as proof o f age.
Too young for foundry work? The factory inspector
will check this boy's age when he makes his round.

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A 10-year-old cotton picker. Even younger children
often work in agriculture from sunup to sundown.

W hat are the requirem ents lor a certificate?
Certain requirements must be met by both the child and the employer
before an employment certificate or work permit is issued. Under the best
laws the certificate or permit is issued to an employer, not to the young
worker. These working papers are issued usually by the superintendent
of schools, thus providing an opportunity for the schools to find out why
the child is cutting short his education to go to work and to offer him
guidance.
The child must go in person to the office where certificates are
issued and apply for a certificate or permit. His parents must consent
to his employment. In order to he certain that the employer intends to
hire him in accordance with the child-labor law, the child must bring a
statement from his prospective employer showing the type of work the
employer expects him to do, and the hours that he will work. The child
must submit proof that he is of legal age for the job. To prove his age,
he must present his birth certificate, or if this is not available, other
reliable evidence. Some laws set up other conditions for issuing a certif­
icate. For instance, some require that the child must pass a physical
examination showing that he is fit for the intended work, or that he
present his school record to prove he has completed a certain grade.

12

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W hat is the public's place in the picture?
Every citizen can give real assistance in the enforcement of childlabor laws through a better understanding of the purpose of these laws, an
awareness of the conditions under which boys and girls work, an insight
into the young person’s needs, as well as by taking an active interest
in the agency that is responsible for*enforcement and giving it support.
No law, no matter how good it is, can protect boys and girls unless
it is enforced. It is the job of the public agency that is charged with
enforcement o f the law to see that the law is obeyed. But the agency
needs citizen backing and the full support o f both labor and. management.
• Know your State and Federal child-labor laws.
Understand their purpose.
Find out how they are enforced and who enforces them.
• Live up to the laws yourself.
Encourage others to live up to them.
Report violations to the- agency that enforces the law.
• See that boys and girls Rave the opportunity in school to find out
about the child-labor and other labor laws that protect them.
See that schools and other community agencies help boys and
girls to take full advantage of opportunities for schooling.
See that boys and girls planning to go to work have wise advice
on work opportunities.
• Work for improvement in your child-labor law so that all young
workers are safeguarded.
Work for a strong employment-certificate system— it is the young
worker’s best safeguard and a protection to the employer.
Work for strong child-labor law enforcement.

W here m ay further inform ation about child-labor
laws be obtained?
For information regarding the State child-labor laws: Write to the
State department o f labor, at the State capital, which usually is the
agency that enforces State child-labor laws.
For information regarding Federal standards and brief summaries
of State laws: Write to the Children’s Bureau, United States Depart­
ment o f Labor, Washington 25, D. C.
Sources o f photographs: Cover, Library o f Congress photograph by John Yachon for
O W I; page 2, National Child Labor Committee; page 3, Library o f Congress photo­
graph by Marion Post W oolcott for FSA; page 5, Children’ s Bureau photograph by
Philip Bonn; page 6, National Child Labor Committee; page 9, Acme News Pictures,
Inc.; page 10, Post-Gazette, Pittsburgh; page 11, National Archives; page 12, Library
o f Congress photograph by Russell Lee for FSA.

13
U. S. GOVERNMENT PRINTING OFFICE: 19 46


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