Washington — Iowa’s revised child labor law doesn’t meet federal necessities, U.S. Department of Labor officers contend.

S.F. 542, in impact since July 1 after being signed by Iowa Gov. Kim Reynolds (R) in May, made adjustments to permitted work actions for teen staff. One provision permits 16- and 17-year-olds to carry out sure hazardous work actions – together with work involving heavy manufacturing and demolition – in the event that they’re a part of an internship or studying program.

State Sen. Nate Boulton (D-Des Moines) just lately requested DOL concerning the new law. In an Aug. 24 response, DOL Solicitor Seema Nanda and Jessica Looman, principal deputy administrator from the Wage and Hour Division, write that provisions within the law “appear to be inconsistent” with federal child labor legal guidelines.

“You clarify that Iowa Code 92.8A permits 16- and 17-year-olds to function power-driven hoisting apparatuses and power-driven bakery machines, to fabricate brick, tile or associated merchandise, and to work in wrecking, demolition or ship-breaking operations if they’re enrolled in a career-technical schooling program, work-based studying program, internship, registered apprenticeship program or scholar learners’ program. 

“However, under federal law, 16- and 17-year-olds cannot work in these hazardous occupations, and there is no exception for 16- and 17-year-olds participating in apprenticeships or student-learner programs meeting the conditions.”

Federal law additionally requires 16- and 17-year-old scholar learners or apprentices to be registered with DOL or a state company. The Iowa law doesn’t embrace this requirement.

“As explained in our May 10, 2023, letter, the [Fair Labor Standards Act of 1938] establishes federal standards with respect to child labor, and while states can pass more protective laws, states cannot nullify federal requirements by enacting less-protective standards,” the letter states.

Nanda and Looman add that Iowa employers coated beneath the FLSA should comply with federal law, and that DOL has “broad authority” to implement the act’s provisions.

Boulton serves on the Iowa Senate’s Workforce Committee. “To be clear: Federal child labor regulations are there to protect children from dangerous workplaces,” he wrote in a Sept. 4 post on X, previously generally known as Twitter. “Setting lower state standards isn’t acceptable. We’re not saying teens shouldn’t be able to get work experience, but it must be done the right way with safety as the top priority.”