The War On Child Labor Laws: Maine Republicans Want Longer Hours, Lower Pay For Kids

By Ian Millhiser

Maine State Rep. David Burns is the latest of many Republican lawmakers concerned that employers aren’t allowed to do enough to exploit child workers: LD 1346 suggests several significant changes to Maine’s child labor law, most notably a 180-day period during which workers under age 20 would earn $5.25 an hour. The state’s current minimum wage is $7.50 an hour. Rep. David Burns, R-Whiting, is sponsoring the bill, which also would eliminate the maximum number of hours a minor over 16 can work during school days. Burns’ bill is particularly insidious, because it directly encourages employers to hire children or teenagers instead of adult workers. Because workers under 20 could be paid less than adults under this GOP proposal, minimum wage workers throughout Maine would likely receive a pink slip as their twentieth birthday present so that their boss could replace them with someone younger and cheaper. And Burns is just one of many prominent Republicans who believe that America’s robust protections against the exploitation of children are wrongheaded: Maine State Sen. Debra Plowman (R) introduced a separate bill that would extend the number of hours employers can require a minor to work. Maine Gov. Paul LePage (R) backs this proposal. Sen. Mike Lee (R-UT) delivered a lengthy lecture where he claimed that federal child labor laws violate the Constitution. His Republican colleagues in the Senate rewarded him with a seat on the Senate Judiciary Committee — the committee with jurisdiction over constitutional questions. Missouri State Sen. Jane Cunningham (R) introduced a bill which would “eliminate[] the prohibition on employment of children under age fourteen. Restrictions on the number of hours and restrictions on when a child may work during the day are also removed.” Virginia Attorney General Ken Cuccinelli’s (R) most recent brief attacking the Affordable Care Act relies heavily on a discredited Supreme Court decision striking down a federal child labor law that was overruled decades ago. Judges Roger Vinson and Henry Hudson, the two outlier judges who struck down the ACA, also relied heavily on this discredited anti-child labor decision in their decisions. Republicans’ contempt for workers is hardly news. GOP governors throughout the country have declared war on collective bargaining, and the national minimum wage remained stagnant for nearly a decade the last time Republicans controlled Congress. Nevertheless, the GOP’s increasingly widespread assaults on child labor laws is a significant escalation from their longstanding war on adult workers.

GOP Puts Guy Who Thinks Federal Child Labor Laws Are Unconstitutional On Senate Judiciary Committee

By Ian Millhiser

There’s three things Sen. Mike Lee (R-UT) likes in a sentence: a noun, a verb, and “unconstitutional.” Indeed, Lee has recently claimed that federal child labor laws, FEMA, food stamps, the FDA, Medicaid, income assistance for the poor, and even Medicare and Social Security violate the Constitution. Yet Senate Republicans have inexplicably chosen to put Lee on the very Senate committee that has jurisdiction over constitutional questions and the judiciary:

[A]ides said two Republicans, Sens. John Thune, R-S.D. and Johnny Isakson, R-Ga., and one Democrat, Sen. Benjamin Cardin, D-Md., will take seats on the Finance Committee. Freshman Sen. Mike Lee, R-Utah, will join the Senate Judiciary Committee and freshman Sens. John Hoeven, R-N.D. and Roy Blunt, R-Mo., are expected to win two of several open Appropriations Committee seats.

Placing Mike Lee in charge of overseeing the Constitution is a bit like putting Dick Cheney in charge of hunting and gun safety, yet the Senate GOP was so eager to put this radical tenther on the Judiciary Committee that it waived a rule prohibiting both of a state’s senators from serving on Judiciary in order to ensure Lee’s membership. Bizarrely, this move exposes a very real divide between Senate Republicans and the President. While President Obama’s State of the Union Address specifically highlighted “child labor laws” as an example of the kind of “commonsense safeguards” that all Americans can embrace, the Senate GOP apparently sees no problem with Lee’s view that federal child labor laws cannot constitutionally exist.