Stop Child Labor Act
- Sponsor
- Sen. Schatz, Brian [D-HI]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Sep 16, 2026
Bottom line
The bill substantially strengthens enforcement and penalties for child labor violations under federal law, while also introducing preventative measures and expert advisory support.
What it actually does
This bill amends the Fair Labor Standards Act (FLSA) of 1938 to significantly increase civil and criminal penalties for child labor law violations. It also creates a new private right of action for affected employees to seek compensatory and punitive damages, establishes a grant program to help employers prevent violations, and forms a National Advisory Committee on Child Labor to provide guidance.
Proponents argue
Supporters argue that the bill is a critical step to protect children from exploitation by deterring child labor violations through significantly enhanced penalties and empowering affected employees to seek justice. They also highlight the importance of the grant program and advisory committee in proactively educating employers and preventing future violations.
Opponents contend
Opponents might contend that the drastic increase in penalties, particularly the high punitive damages in private actions, could disproportionately burden small businesses, potentially leading to over-enforcement or unintended financial hardship for employers who inadvertently violate complex child labor regulations. Concerns could also be raised about the potential for an increase in litigation.
The bill is concise and clearly structured, allowing for a quick and comprehensive understanding of its provisions within a reasonable timeframe for public and legislative review.
Section 2(a)
Private Enforcement for Child Labor Violations
This provision amends the FLSA to allow employees affected by child labor violations to bring a civil action against their employer for compensatory damages and punitive damages, with punitive damages capped at $250,000 per employee. However, this private right of action terminates if the Secretary of Labor files a complaint seeking relief for the same alleged violations.
Supporters argue
Supporters argue that empowering employees with a private right of action provides a direct and powerful mechanism for justice, ensuring that victims of child labor can seek meaningful compensation and that employers face direct accountability beyond government enforcement.
Critics contend
Critics may argue that introducing a private right of action, especially with high punitive damages, could lead to an increase in litigation, potentially burdening businesses with legal costs and creating an environment where employers are more vulnerable to lawsuits, even for minor or unintentional infractions.
Tradeoffs
The provision balances empowering individual employees to seek redress against the potential for increased litigation and the role of federal enforcement. The termination clause upon Secretary's action aims to prevent duplicative or conflicting legal proceedings.
Section 2(b)
Enhanced Civil Penalties for Child Labor Violations
This section significantly increases the minimum and maximum civil penalties for child labor violations. For general violations, the penalty range is increased from 'not to exceed $11,000' to 'not less than $5,000 and not more than $132,270'. For violations causing death or serious injury, the range increases from 'not to exceed $50,000' to 'not less than $25,000 and not more than $601,150'. These dollar amounts are also subject to annual increases based on the consumer price index.
Section 2(c)
New Criminal Penalties for Willful Child Labor Violations
This section adds a specific criminal penalty for any person who repeatedly or willfully violates Section 15(a)(4) of the FLSA, which pertains to recordkeeping requirements for child labor and restrictions on shipping goods produced with child labor. Upon conviction, such persons would face a fine of not more than $50,000, imprisonment for not more than 1 year, or both.
Section 3
Grant Program for Child Labor Violation Prevention
This section authorizes the Secretary of Labor to award grants to eligible entities for purposes of education, training, and the development of systems designed to help employers recognize, avoid, and prevent violations of child labor laws (Sections 12 or 13(c) of the FLSA). Eligible entities include nonprofit organizations, nonprofit trade/industry/employer associations, labor-management partnerships, and labor organizations.
Section 4
National Advisory Committee on Child Labor
This section establishes a 12-member National Advisory Committee on Child Labor, composed of representatives from management, labor organizations, the public, and child welfare professionals. The Committee is tasked with advising and making recommendations to the Secretaries of Labor and Health and Human Services on matters related to the recognition, avoidance, prevention, and enforcement of child labor violations. The bill authorizes $3,000,000 for the Committee for fiscal year 2027.
The right of an employee to bring a private action for child labor violations terminates upon the filing of a complaint by the Secretary of Labor in an action seeking legal or equitable relief for the same alleged violations.
Section 2(a)(2)
Why it matters:This is standard legislative practice to clarify the interplay between private rights of action and government enforcement, preventing duplicative litigation and allowing the government to prioritize cases. It's not necessarily evasive but could be missed by a reader focused solely on the new private right.
Case for: Supporters argue this prevents a 'race to the courthouse' and allows the Department of Labor to consolidate enforcement efforts, ensuring a consistent federal approach and potentially more efficient resolution of complex cases.
Case against: Critics might argue that this provision could limit an employee's ability to pursue their preferred legal strategy or counsel, potentially undermining the full empowerment intended by the private right of action if the Secretary's intervention is not always aligned with individual employee interests.
Estimated impact: This provision significantly shapes the scope and independence of the new private right of action, making it contingent on the absence of a parallel federal enforcement action.
The dollar amounts for civil penalties for child labor violations shall be increased annually, for fiscal year 2027 and every fiscal year thereafter, by the percent increase in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available.
Section 2(b)(2)
Why it matters:This is a technical mechanism for inflation adjustment, common in legislation involving monetary penalties or thresholds. It's not evasive but is a detail that ensures the penalties retain their real value over time.
Case for: Proponents argue that automatic inflation adjustments are crucial to ensure that the deterrent effect of civil penalties does not erode over time due to rising costs and inflation, maintaining the bill's intended impact.
Case against: Some opponents might argue that automatic increases remove legislative oversight from penalty adjustments, potentially leading to penalties that become disproportionately high without periodic review by Congress.
Estimated impact: This provision ensures that the increased civil penalties maintain their real value and deterrent effect indefinitely, rather than becoming less impactful over time due to inflation.