It’s back: Child labor bill revived one day after committee voted it down

The second time was the charm for a House bill that would loosen several state restrictions on child labor making its way through the Kentucky state legislature.

With only five yes votes, House Bill 255 failed to meet the vote threshold to make it through the Senate Committee on Economic Development, Tourism and Labor on Thursday. On Friday, lawmakers revived the bill and passed it onto the full Senate in a 7-5 vote.

The bill has received push-back from union leaders and state labor officials, both of whom testified in a special meeting called right after the Senate adjourned Friday.

House Bill 255 repeals the limit on children working no more than six hours a day and 30 hours a week during school weeks and prohibits state labor officials from setting child labor regulations that exceed minimum federal protections.

However, the committee substitute first presented Thursday tweaked the original bill to reinstate a ban on 16- and 17-year-olds from working between 11 p.m. and 6 a.m.

The committee discussion Friday centered around regulation of minors working certain occupations that would be made more lax than federal law.

The bill allows children ages 14 and up from performing some jobs considered hazardous under the Federal Labor Standards Act.

Those jobs include working in a place where goods are manufactured, loading and unloading good from motor vehicles, “youth peddling” or door-to-door sales, and the use of certain power tools among others.

Federal enforcement on those certain occupations would still stand, cabinet officials said. However, Kentucky state cabinets would not have jurisdiction to enforce those protections.

Kentucky Educaton and Labor Cabinet Secretary Jamie Link testified that the bill took the state in the “wrong direction.”

“By removing Kentucky’s protective regulations and authorities on child labor, this bill removes our ability to protect these young people from hazardous occupations and potentially dangerous situations,” Link said. “In our view, we should be focusing on upon how to provide greater training and employment services to all Kentuckians, both minors and adults, while also protecting our workers to help them have long and successful careers.”

What changed between Thursday and Friday? Sen. Mike Wilson, R-Bowling Green, flipped from a no on Thursday to yes on Friday; also, Sen. Gary Boswell, R-Owensboro, was not present Thursday but voted for the bill Friday.

Several groups have lobbied for and against the bill in Frankfort.

Organizations in favor of the bill include the National Federation of Independent Business and the Opportunity Solutions Project. That is the lobbying arm of Florida-based conservative think tank the Foundation for Government Accountability, which has pushed for laws rolling back labor standards in other states.

Those lobbying against the bill include the Kentucky Education Association, Kentucky State AFL-CIO, the Kentucky State Building & Construction Trades Council and Prevent Child Abuse Kentucky, among others.

House Bill 255 sponsor Rep. Phillip Pratt, R-Georgetown, was not in attendance for the committee meeting.

In Pratt’s stead, Rep. Richard Heath, R-Mayfield, presented on the bill. Heath hearkened back to his days as a youth working on the family farm as an argument against current child labor standards.

“It’s a good thing this wasn’t a law and when I was growing up or Dad wouldn’t have been able to put out a crop,” Heath said.