1941: Child Labor

In the countries directly in the war zone, the spread and increasing intensity of war conditions during the past year, with the ever-increasing need for greater production of both war materials and food products, has in general resulted in a lowering of labor standards, including those for young workers. This was not true, for the most part, in the United States which, although engaged in a large-scale defense program during the year, did not enter the war until December 1941. With the entrance of the United States into the war, however, the acute need for increased production is bringing pressure for relaxation of labor standards. Nevertheless, in the face of this demand and of this pressure, there are encouraging signs of public recognition of the importance of protecting children and youths from premature and harmful employment.

Despite the war, a noteworthy step in the framing of a future international policy that will help to raise the level of labor conditions for all workers was taken by the Conference of the International Labor Organization held in New York in October and November 1941. In this Conference, which was the first to be held since the beginning of the war, 35 nations, two-thirds of the member countries, participated. The keynote of the Conference was post-war planning. Its discussions and the resolutions adopted by the accredited representatives of employers, workers, and governments outlined a broad social program for the well-being of the peoples of all countries, to be promoted by cooperative international action. This declaration of social policy included improvement of conditions of work, elimination of unemployment, adoption of minimum-wage standards and of measures for better nutrition and adequate housing, establishment of machinery for vocational training and placement — all matters directly affecting the welfare of young workers.

Child Labor in the United States.

The Fair Labor Standards Act of 1938.

In the United States, a milestone in the field of child-labor protection was set by the decision of the United States Supreme Court upholding the constitutionality of the Fair Labor Standards Act. This decision, which was without dissent, was handed down on Feb. 3, 1941, in the case of United States v. Darby Lumber Co. et al. The Court expressly overruled the case of Hammer v. Dagenhart, which in 1918 had declared the first Federal child-labor law unconstitutional, and removed all doubt as to the validity of child-labor regulation based on the power of Congress to regulate interstate and foreign commerce.

The Fair Labor Standards Act, the first Federal law regulating child labor to receive the sanction of the United States Supreme Court, had entered upon its third year of enforcement with general public approval and had been established on a sound administrative basis, when it was held constitutional. This decision was particularly timely in view of the expansion in production in this country and the corresponding increase in the use of young workers.

The Federal Act, in addition to dealing with minimum-wage and maximum-hour standards for workers of all ages in interstate industries, establishes, in effect, a basic minimum age of 16 for employment in establishments covered by the child-labor provisions, that is, those producing goods shipped in interstate or foreign commerce. It also sets up machinery for establishing by administrative orders an 18-year minimum-age standard for employment in especially hazardous occupations.

The Children's Bureau of the United States Department of Labor, in carrying out its duty of administration of these child-labor provisions, has continued its three-fold program — preventive, punitive, and regulatory. First, the Bureau aims to make certificates of age, which protect employers from unintentional violation of the act, available for employed minors throughout the country; second, in cooperation with the Wage and Hour Division of the Department of Labor, it carries on inspections of establishments to bring about compliance with the child-labor provisions of the act and, if necessary, institutes legal action; and third, it finds and determines occupations especially hazardous for minors between 16 and 18 years of age.

Emphasis has continued to be placed on cooperative relationships with state labor and education departments, and with local employment-certificate-issuing officials, for making certificates of age available as proof of age for employers of minors in industries under the act. The cooperating group of states and territories in which state certificates are accepted as proof of age under the Federal act has been enlarged by the addition of Louisiana, Nevada, and Puerto Rico. In only 4 states is it now necessary to provide for the issuance of Federal certificates. In Alaska, plans for working out a certification program are under way.

The protection of young workers from hazardous employment is especially important in this period of accelerated production when industrial accidents are reported to be on the increase. By the same token, health hazards are also likely to become more serious. Hazardous-occupations orders issued during the year, establishing in effect a minimum age of 18 for employment, cover (1) all occupations in logging and, with certain exceptions, all occupations involved in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill; and (2) occupations involved in the operation of power-driven woodworking machines. In addition, investigations necessary as a basis for orders dealing with shipbuilding occupations and occupations involving exposure to radioactive substances have been completed.

State Legislation.

Few advances were made in state legislation in the 43 state legislatures that met in regular session in 1941. Many amendments aimed to improve existing child-labor standards were defeated, and bills which would have broken down existing standards were introduced. Nevertheless, some advances were made and opposition to bills weakening present standards was in most instances successful.

In Florida, a complete revision of the child-labor law establishes a basic minimum age of 16 years for employment and an 18-year minimum age for employment in many hazardous occupations. This brings to 14 the number of states with a 16-year minimum-age standard. In Hawaii, an important aid in administration was put into effect by raising from 16 to 18 the age up to which employment certificates are required. New Jersey strengthened its regulation of industrial home work by requiring employers using home workers to obtain permits and pay an annual graduated fee and by requiring home workers to obtain certificates. No such certificate may be issued to a minor under 16 years of age.

Extent of Child Labor in the United States.

The report of the 1940 decennial census giving information about many aspects of the population, including employment data, has been awaited with great interest. Its preliminary figures show 213,104 children of 14 and 15 years and 677,872 of 16 and 17 years actually employed during the last week of March 1940. A much larger number (1,302,652 between 14 and 18 years of age) were in the 'labor force,' a group that includes, in addition to persons employed, those seeking work or engaged on Government emergency projects established for the unemployed. No data showing the occupations in which these young people were engaged are as yet available.

These figures, when compared with those of the 1930 census, indicate a striking decrease in child employment during the decade, particularly in employment of children 14 and 15 years of age. Such a decrease had been expected because during the depression there had been fewer job opportunities for children as well as for adults, and because child-labor standards under both Federal and state laws had strikingly advanced during the ten years from 1930 to 1940.

The census figures do not, however, give a complete picture of child employment. For one reason, the census in both 1930 and 1940 was taken in the early spring with the inevitable result that many children usually employed in agriculture in the summer and autumn months were not included. The 1940 census is also incomplete because it collected no data for working children under 14, and it is known that large numbers of such children are engaged in industrialized agriculture, as well as in street trades and industrial home work.

Before it was possible to compile and publicize these census figures, the actual situation as to employed youth had undergone drastic change. Since the early months of 1940, mounting production due to the defense program has brought about greatly increased employment of boys and girls 16 and 17 years of age and, along with this, a less pronounced but significant rise in the employment of children under 16. The younger children are going chiefly into nonfactory jobs; for instance, as errand and delivery boys, newspaper and magazine distributors, curb-hops, garage helpers, stock boys and salesgirls in stores, delivery workers for stores, domestic service workers, and farm laborers — employment on the whole less regulated by law than factory work.

While the general effect of this opening of work opportunities has been to give much needed employment to unemployed young persons, it has also created new child-labor problems, both in relation to children under 16 who are going to work when a forward-looking public policy recognizes the importance of their remaining in school, and in relation to possible employment of minors of 16 and 17 years under unfavorable conditions.

Child Labor Outside the United States.

Great Britain.

In Great Britain, the first effect of the war was an excessive lengthening of working hours in the munitions factories. Many exemptions were granted to the Factory Act, governing employment of minors and women, and later, under the extreme pressures consequent on the fall of France in May 1940, control of their hours, as well as those of other workers, appears to have been entirely relaxed. Though the immediate effect of the longer hours of work was a large increase in output, this policy was soon recognized as destructive of its desired ends. Indeed, over any considerable period the strain of excessive hours resulted in increased lost time from sickness, exhaustion, and other causes, a lowered production level, and a reduction in hourly output. Reduction in working hours was urged by the Ministry of Labour and National Service, which announced that the provisions of the Factory Act, subject only to Emergency Orders, would be fully enforced, and a Factory and Welfare Advisory Board, with the Minister as chairman, was set up to frame policies.

British Dominions.

In the Dominion of Canada, employment opportunities for young persons, as well as older workers, have been expanding during the year. In recognition of the close relation of school-attendance laws to child-labor standards, it may be noted that several legislative changes in this field were made in the provincial laws. In New Brunswick, where school attendance previously had been compulsory only in a few towns, a new law effective July 1, 1941, makes attendance of children up to 14 years of age compulsory throughout the province and prohibits the employment of a child of school age during school hours unless he has completed the eighth grade or unless, in the opinion of the school inspector, he should be exempted from further attendance. In Prince Edward Island, where attendance in rural districts under the former law had been required for only 60 per cent of the school term, attendance in such districts was made compulsory for 75 per cent of the term. In Alberta, attendance of a child under 15 years of age has been made compulsory until he has completed the ninth grade or its equivalent, instead of the eighth.

In the Union of South Africa, an important advance was made in child-labor legislation through a new law raising the basic minimum age for employment in factories from 14 to 15 years. The same law contains also measures for the better protection of the health of workers of all ages.

India.

The Bombay Shops and Establishments Act which became operative in November 1940, prohibits the employment in shops of children under 12, fixes closing hours, and limits hours of work. One effect of this act was to remove from employment in restaurants some 2,000 children under 12 years of age. A similar act received the assent of the Governor of the Province of Sind in December 1940.

British Colonies and Dependencies.

In British Honduras, a basic minimum age of 14 was established for employment of children by an ordinance put into effect in November 1940, exemptions being provided for children between 12 and 14 years of age employed outside school hours; in the West Indian Colony of St. Vincent (Windward Islands), employment of children under 14 was prohibited in September 1940, except in certain work for parents outside school hours; in Northern Rhodesia (South Africa), a general minimum age of 12 years for admission to employment was established in the latter part of 1940.

Continental Europe.

Almost no information on the subject of child employment is available from the countries of continental Europe. In Germany, an order issued in September 1940 prohibited employment of both girls and boys under 18 at furnaces and at grinding work of any kind and required physical examinations of all workers in certain hazardous occupations, including those involving exposure to lead.

In Switzerland, the use of children in industrial home work is affected by a Federal act, dated Dec. 12, 1940, requiring the posting of schedules of rates of pay for home workers, prohibiting children under 15 years of age from being employed as home workers on their own account, and prescribing certain conditions for giving out home work that are calculated to prevent work at night or on Sundays and public holidays.

Latin American Countries.

Among the Latin American countries, Brazil enacted the most important child-labor legislation of the year. The new law was based on the report of the special commission appointed by the government in 1940 to study existing legislation and make recommendations looking toward bringing the child labor law into line with the draft conventions agreed upon by the International Labor Conferences. Enacted Sept. 13, 1941, and effective Jan. 1, 1942, it amplifies and gives greater force to the child-labor provisions of previous legislation and of the Federal Constitution of 1937, which had approved the principle of a 14-year minimum age for employment. In the new law, 14 years remains the basic minimum age, but the exemptions for economic need allowed in previous legislation are eliminated. The standards apply both to industrial occupations and to nonindustrial occupations other than agriculture, exempting domestic service and workshops which employ exclusively members of the child's family and in which the child works under the parent's direction. The law does not directly cover farm work except when industrial processes are used, but subsequent regulations may be made to determine whether or not other kinds of agricultural labor will be covered.

An important aid in the administration of the law is made by the provision requiring employment certificates for all children between 14 and 18 years of age going to work. To obtain such a certificate the child must present to the issuing officer proof of age, parent's authorization for his employment, physician's certificate of physical fitness, proof of literacy, his photograph, and a statement from the employer as to the kind of work that the child is to do. Formerly the law required that certain of these papers be presented by the child to the employer, but there was no issuance by a public official. These certificates are to be issued in the Federal District by the Bureau of Labor of the National Department of Labor, Industry, and Commerce and in the States by the regional offices of that Department. It is provided that the same officials shall enforce the law. See also CHILD WELFARE.