The Department of Labor’s Wage and Hour Division (WHD) recently released a Field Assistance Bulletin (FAB) that sheds light on the determination of child labor penalty assessments. This much-needed transparency enables both companies and their attorneys to better understand the precise penalty structure for child labor violations. In this article, we will delve into the details of the FAB, discussing the formula for penalty calculation, the range of penalties, considerations of aggravating and mitigating factors, as well as the implications and future expectations for employers.
Penalty Calculation Formula
The FAB provides a comprehensive formula for calculating child labor penalties. This formula considers three key factors: the number of child labor violations, the duration of the violations, and the number of employees affected. By taking these factors into account, the DOL aims to ensure that penalties are proportionate to the severity and extent of the violations.
Penalty Range
Penalties for child labor violations can range from $12,194 to $60,970 per violation. It is essential to note that higher penalties may be imposed for repeat or willful violations. This range reflects the Department of Labor’s commitment to promoting compliance with child labor laws and discouraging repeat offenses.
Consideration of Aggravating Factors
In addition to the basic calculation formula, the DOL also takes into account aggravating factors when assessing child labor penalties. These factors include the age of the minors involved, the level of hazard associated with the work performed, and the good faith efforts of the employer to comply with child labor laws. This approach allows for a nuanced assessment, acknowledging the unique circumstances surrounding each violation.
Factors Reducing Penalties
Just as aggravating factors are considered, certain factors may reduce penalties. These include the size of the employer, their history of past violations, and whether they cooperate with investigations and take timely remedial action. It is crucial for employers to understand that proactive measures towards compliance can positively impact the penalty assessment.
Additional Considerations in Penalty Assessment
The duration of illegal employment and the total hours worked are additional considerations that the DOL takes into account when assessing penalties for child labor violations. Understanding these factors allows for a more accurate representation of the impact and seriousness of the violations, resulting in fairer penalty assessments.
The Unique Transparency of the DOL’s FAB
One notable aspect of the FAB is the transparency it offers. Historically, companies and their attorneys have had limited knowledge of the exact penalty structure for child labor violations. The release of the FAB addresses this issue, providing much-needed clarity and allowing employers to make more informed decisions regarding compliance and risk management.
Expansion of Penalties for Non-serious Injuries
It is important to be aware that the DOL’s FAB also includes plans for the expansion and increase of penalties related to non-serious injuries associated with child labor, starting in November 2023. This expansion demonstrates the commitment to protecting the safety and well-being of minors engaged in the workforce.
Recent WHD Enforcement Actions
Recent WHD enforcement actions have resulted in penalties reaching millions of dollars. In addition to the financial impact, these actions also disrupt the flow of goods into commerce, causing economic consequences for employers. Employers must consider these enforcement actions as an indication of the increased focus on child labor law enforcement.
Future Expectations
Looking ahead, employers should be prepared for continued collaboration between DOL’s enforcement agencies, including both the WHD and OSHA. As demonstrated by recent enforcement actions and the increased penalty exposure associated with child labor violations, it is reasonable to anticipate heightened enforcement efforts in the future. Employers must prioritize compliance and dedicate resources to ensure the appropriate protection of underage workers.
The release of Field Assistance Bulletin by the DOL’s WHD provides much-needed transparency on how child labor penalty assessments will be determined. By understanding the formula for penalty calculation, the range of penalties, and the considerations of aggravating and mitigating factors, employers can better navigate child labor compliance efforts. It is imperative for employers to remain proactive in adhering to child labor laws and taking appropriate measures to protect the well-being and rights of young workers. By doing so, employers can minimize the risk of penalties, safeguard their reputation, and prioritize the welfare of their workforce.