Florida Considers Easing Child Labor Laws To Make Up For Fewer Illegal Workers

With an eye on offsetting the loss of illegal-immigrant labor, the Florida legislature is considering a bill that would ease the state’s child labor laws. A bill that advanced from a committee on Tuesday would make it legal for children as young as 14 to work graveyard shifts on school nights.  

The hours at issue are those between 11pm and 6:30 am. The controversial bill was given the blessing of the Florida Commerce and Tourism Committee by a narrow 5-4 vote, and now faces the scrutiny of two more committees before it can receive a vote of the Senate. Governor Ron DeSantis has backed the proposal, saying an easing of child labor laws can help fill employers’ needs as the state makes it increasingly difficult for illegal immigrants to work there. 

Last year, Florida started to allow 16- and 17-year-old home-schooled and virtually-schooled children to work anytime at all. The new bill would extend that freedom to 14- and 15-year-olds. However, it would also let 16- and 17-year-olds in traditional schools work any hour of the day. It would also allow them to work more than an 8-hour-day on a school night, and more than 30 hours a week while schools are in session.  

The move comes in the wake of a statewide crackdown on the use of illegal immigrants. A 2023 Florida law compels employers with 26 or more workers to confirm their immigration status by using the federal E-Verify system — under threat of $1,000 daily fines for non-compliance. That internet-based system cross-checks the information the employees put on “Form I-9, Employment Eligibility Verification.” The loss of illegal labor has some people worried about the effect on the Sunshine State’s economy. 

DeSantis has argued that loosening restrictions on younger workers is a big part of solution. “Why do we say we need to import foreigners — even import them illegally — when teenagers used to work at these resorts, college students should be able to do this stuff,” DeSantis said during a panel discussion last week with Tom Homan, acting director of Immigration and Customs Enforcement (ICE). ”What’s wrong with expecting our young people to be working part-time now? I mean, that’s how it used to be when I was growing up,” added DeSantis. 

Some have expressed concern that teenagers will be put in tougher situations at work, as they won’t be able to point to a state law as a reason for being available to labor into the wee hours. “The teens who will be most harmed by this bill are low-income young people or those without documented status who are compelled by their situation to work,” Nina Mast of the left-leaning Economic Policy Institute told the Miami Herald. She argued that the legislature is “essentially trying to legalize violations that employers are already committing.”

In the committee hearing, the bill’s sponsor, Tampa Republican Jay Collins, argued that “This is a parental rights thing. Parents know their kids best.” Dismissing visions of teens slaving away in hazardous envionments, he said, “Ultimately, we’re not talking about ‘The Jungle’ by Upton Sinclair. We’re talking about them working at Publix, at Piggly Wiggly or jobs within the industry.”

There’s another dynamic to consider: If families are so hard-pressed that they need their children to work night jobs, lacking the opportunity for legal employment may help push desperate adults and children into illegal activity — from thievery to prostitution and drug sales.