As more states enact legislation allowing teens to serve alcohol, labor organizers and legal experts worry about sexual harassment. (Photo by Klaus Vedfelt/Getty Images)
Iowa Gov. Kim Reynolds and the state’s all-Republican congressional delegation sent letters Monday to the U.S. Department of Labor, criticizing its enforcement of federal child labor laws on Iowa businesses following a state law change.
A 2023 Iowa child labor law loosened some restrictions on minor workers, despite warnings from the Department of Labor that the changes would conflict with federal law.
Changes include allowing 14- and 15-year-olds to work later shifts and more hours a week, letting 16- and 17-year-olds seek exemptions through work-study program or employer training to work in restricted fields, and permitting workers over age 16 to sell and serve alcohol in restaurants while kitchens are open.
Acting U.S. Secretary of Labor Julie Su spoke at the Communication Workers of America Legislative Conference in Washington, D.C. June 25, 2024. (Photo courtesy of the U.S. Department of Labor)
According to the governor’s letter to the acting U.S. Secretary of Labor Julie Su, there are multiple small businesses in Iowa “facing excessive fines” from the federal government due to their employment of teen workers in accordance with state law.
The law allows 14- and 15-year-olds to work between 7 a.m. and 9 p.m. during the school year, and between 7 a.m. and 11 p.m. during the summer. Federal law requires work hours to end for these minor employees at 7 p.m. when school is in session, and at 9 p.m. during the summer.
Reynolds wrote that some Iowa businesses are facing fines of up to $180,000 “without allowing for any corrections to be made, even if they have no prior violations” for youth employees working hours past the federal law restrictions.
She highlighted Sugapeach Chicken and Fish Fry in North Liberty as a business that has been subject to fines. Reynolds was scheduled to hold a news conference at the restaurant last week about the federal department’s fines on Iowa businesses, but the event was canceled as the governor responded to severe flooding in northwest Iowa.
“Sugapeach, like many small businesses, is a staple of its community and its potential closure, due to severe penalties imposed by the department, will have impacts well beyond its own doors,” Reynolds wrote.
Iowa’s full congressional delegation also signed a letter addressed to Su about the DOL enforcement of federal teen labor laws. Headed by U.S. Rep. Ashley Hinson and sent June 25, the letter states that the lawmakers have received multiple reports from Iowa business owners about investigations. The letter said the investigations included “auditors demanding one-on-one, non-supervised access to teenage employees who were younger than 16, without parental consent or knowledge” — and “excessive penalties” from the federal labor department.
“Small businesses are staples of their community that provide employment opportunities to teenager workers,” the letter said. “Rural communities in Iowa would be greatly harmed if these small restaurants were pushed out of business for mistakenly following state regulations, and it is imperative that the Department provides transparency and an opportunity to rectify situations before penalizing small businesses with excessive fines.”
The letter asked the department to respond to several questions by July 9. Questions include clarifying the department’s standards for interacting with teenage employees during an investigation, how many investigations are taking place in other states with labor laws in conflict with federal law, as well as what actions to the DOL takes to give businesses a chance to take corrective action before issuing a fine.
The department did not respond directly to a question about the letters, but said in a statement that “it’s dangerous and irresponsible that amidst a rise in child labor exploitation in this country, Iowa’s governor and state legislature have chosen to repeatedly undermine federal child labor protections despite the Labor Department’s clear guidance.”
“No child should be working long hours, doing dangerous work, or be employed in unsafe conditions,” a department spokesperson said. “The U.S. Department of Labor is working every day to ensure that children seeking their first work experiences are doing so in a safe and responsible way. But under our watch, that will not include allowing children to be exploited.”
DOL officials has said in multiple letters to state Democratic lawmakers that the 2023 state child labor law is in conflict with federal regulations, and that the department would be monitoring the implementation of the law “to assess potential obstruction of federal child labor protections.”
Both the governor’s and Iowa congress members’ letters to Su bring up that 25 states have conflicts between state and federal labor laws for minor workers.
In an open letter to the state of Iowa Monday, Reynolds questioned the department’s “sudden and heavy-handed enforcement” that is “seemingly targeted at Iowa.”
“I believe the department’s attempt to single us out as an example of what not to do is misguided and likely to backfire,” Reynolds wrote. “Because most reasonable people — and most Iowans are —believe that a job is a good thing for a kid. It teaches them a sense of responsibility and strengthens their work ethic. And in today’s workforce, young workers help small businesses thrive. “
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