1942: Child Labor

The world-wide demands of war have called large numbers of adult workers from their ordinary peacetime employment to military service or to the manufacture of war goods and have led to a shortage of adult labor in many activities essential to civilian life and to the support of the armed forces. A resulting demand for new sources of labor has brought about the employment not only of thousands of women and older persons not usually in the labor market, but of large numbers of young persons and children who would normally have remained in school. While these employment opportunities have given work to older youth who had left school, new problems have developed with respect to the cutting short of education and the unfavorable conditions under which many boys and girls are employed.

Conditions in the United States.

When the United States entered its first year of actual participation in the war in December 1941, mounting production, owing to the defense program of this country and the needs of Great Britain and her allies for war materials under the lend-lease program, had already increased the employment of boys and girls 16 and 17 years of age, and to a lesser degree of children under 16. This trend has been greatly accelerated during 1942. Whereas in the early spring of 1940, when the last Federal Census was taken, somewhat less than 900,000 young persons between 14 and 18 years of age were reported as employed, estimates based on sample trends indicate that in July 1942, when many school children had vacation jobs, more than 3,000,000 were at work and in October probably around 2,000,000. These are only rough estimates and the number may be larger.

Reports of employment certificates issued for children going to work throughout the country give an indication of trends in employment in occupations other than domestic service and agriculture. According to these reports, the number of young persons between 14 and 18 years of age entering employment, either full time or part time, increased more than 100 per cent in 1941 over 1940 and increased 62 per cent in the first six months of 1942 as compared with the corresponding period of 1941. While three-fourths or more of these young persons are probably in the upper age brackets — that is, 16 or 17, recent reports indicate that the percentage of increase for the 14- and 15-year-old children is rising.

Federal Legislation Affecting Child Labor.

The child-labor provisions of the Fair Labor Standards Act of 1938 have been of great value in maintaining basic standards for the protection of children in industry, particularly in upholding a 16-year minimum age for factory employment. Though these provisions apply only to the work of children and young persons under 18 years of age in establishments producing goods for shipment in interstate commerce, they affect most factory work because the large majority of manufacturing establishments in this country ship goods in interstate commerce.

The cooperative program with the states in administration of this act, carried on by the Children's Bureau of the U. S. Department of Labor, has also aided in the upholding of state child-labor standards. Employment or age certificates issued under state law are accepted as proof of age under the Fair Labor Standards Act in 44 of the 48 states, the District of Columbia, Hawaii, and Puerto Rico. The Federal certificate systems in four states — Idaho, South Carolina, Mississippi, and Texas — are carried on with the cooperation and assistance of state and local officials. Because the unprecedented increase in the number of young workers has made very heavy demands upon already overburdened certificate-issuing officials, the assistance of Children's Bureau representatives in working out methods of meeting emergencies has helped to prevent a breakdown of this system that plays so great a part in maintenance of child-labor standards.

The regulations under this act for employment in nonmanufacturing and nonmining occupations were modified by permitting, for the duration of the war, the employment of children 14 and 15 years of age in the cutting of pears, peaches, and apricots in dry yards outside school hours and under conditions protecting their health and well-being.

In connection with the enforcement of the wage-and-hour provisions of the Fair Labor Standards Act, an advance has been made in the prohibition of industrial homework — a system of industrial production that has always involved the use of child labor. In order to prevent evasion of the established minimum wage, prohibitory homework regulations have been issued by the Wage and Hour Division for five industries (jewelry, gloves and mittens, knitted outerwear, apparel, and buttons and buckles) and are under consideration for two others. This policy, together with increased activity through prohibitory rulings under state industrial homework legislation and the child-labor prohibitions under the Fair Labor Standards Act, will go far toward eliminating this industrial practice.

The regulation of the employment of minors under the Public Contracts Act has assumed especial importance during this past year because of the great increase in the production of war materials for the Government. This act sets up conditions of employment including a minimum age of 16 for boys and 18 for girls, to be complied with by all employers producing goods under contract for the United States in any amount exceeding $10,000. In November 1942, at the request of the Federal departments most concerned with war production, the Secretary of Labor, under power given by the act, reduced the minimum age for employment of girls from 18 to 16, setting up certain special safeguards as to hours and conditions of employment of girls between 16 and 18. As 16 years is the minimum for boys under this act and for both boys and girls under the Fair Labor Standards Act, the establishment of a uniform minimum age under both acts will prevent confusion and difficulty of administration in the many factories subject to both laws.

State Legislation Affecting Child Labor.

In Louisiana and in Puerto Rico new child-labor laws that meet the standards of the more progressive states were enacted in 1942. These acts establish a basic 16-year minimum age, replacing a 14-year minimum, require employment certificates up to 18 years of age, and establish standards for work in street trades. They extend protection to minors of 16 and 17 in dangerous employment by setting a minimum age of 18 years for work in a considerable number of hazardous occupations, and set up the procedure for designating other occupations hazardous.

In contrast to these advances there has been considerable pressure during the past two years to relax standards, a pressure which has been for the most part resisted successfully. In one state new legislation reduced from 18 to 16 the minimum age for employment of pin boys in bowling alleys, and two laws were passed reducing standards for children in public performances. Other laws have relaxed standards for farm work. Administrative rulings in a few states have permitted longer hours than provided by statute for minors under 18, none however allowing more than 48 hrs. a week; in a few states the minimum age for employment in bowling alleys or as messengers has been lowered.

A number of states, however, in passing legislation permitting the relaxation or suspension of standards, have especially safeguarded the young worker under 18 years of age. For instance, the N. Y. State War Emergency Act and the Louisiana War Emergency Dispensation Act expressly provide that no exception shall be granted for minors under 18.

National Standards for Child-Labor Protection.

Standards formulated and urged by Federal agencies have been of considerable influence toward the maintenance of good child-labor conditions, even though without the force of law. When, early in 1942, greatly increased production of war materials and more continuous operation of existing plants became essential, the Secretary of Labor called a conference of representatives of Federal departments and of State labor departments in the States most important in the war production effort to discuss means of meeting the problem. The result was an agreement by these agencies on a statement of national policy which pointed out that, although during a period of adjustment some modification of hours of labor standards would be necessary, these modifications should be reduced to a minimum in the interests of long-time maximum production, and that there must be no relaxation of standards governing employment of minors under 16.

The Ninth National Conference on Labor Legislation, composed of representatives of State labor law enforcing agencies, State Federations of labor and industrial union councils, in making recommendations at its annual meeting in November 1942, called attention to the necessity for careful planning and guidance in the employment of 14- to 18-year-old youth, for adherence to the principles that no children under 14 should be part of the hired labor force and none under 16 should be employed in manufacturing, and that young persons 16 and 17 years of age whose work is essential should be placed only in work suited to their age and capacity.

Employment of Children in Agriculture.

Employment of children in agriculture, long recognized as a major child-labor problem in this country because of employment of young children and because of bad living and working conditions, has been made more serious by labor scarcity and the need for greater food production. Organized programs to employ nonfarm youth under 18 years of age were widespread in the spring, summer and fall of 1942, and school children and youth played a significant part in bringing to a successful conclusion the harvesting of many crops.

These programs were concerned chiefly with recruitment and placement and in general too little responsibility was taken for protection of the welfare of the children themselves. Much of the employment was during the school vacation, but a great deal of it has involved release of children from school. Two states, New York and New Jersey, permit children 14 years of age and over to be excused for work in agriculture for 30 and 15 days respectively, and in a number of other states provision has been made for release of school children for farm work through executive or administrative orders. In only one state, New Jersey, is there a definitely centralized responsibility under statute for seeing that certain standards are maintained for employment of school children as emergency farm workers. Efforts to safeguard the young worker from exploitation and excessive interruption of school have varied greatly and have often been inadequate, particularly as regards supervision both on the job and outside of working hours and as regards sanitary conditions. Though some attempts have been made to adhere to a 14-year minimum age, many children of 12 and 13 years and even younger have been employed.

Standards to safeguard the health and welfare of young emergency farm workers have been developed and promoted by the Children's Bureau of the U. S. Department of Labor in cooperation with other Federal, state and private agencies. These standards, or guides for action, are concerned with recruitment, placement, working conditions, health, and supervision of these workers, and, where they live away from home, with living conditions and supervision of health and outside-work activities. In addition they deal with methods of state and local community planning to see that these standards are adapted to individual situations and put into effect. An outline of general policies,* prepared in consultation with the U. S. Office of Education, the U. S. Department of Agriculture, and the U. S. Employment Service, has been issued by the Bureau. A continuing working relationship with representatives of agencies, governmental and private, that are concerned with the welfare of the youth called upon to fill these labor shortages and with the production needs that they are to help satisfy, has been developed to promote successful programs.

* Policies on Recruitment of Young Workers for Wartime Agriculture, March 1942, Children's Bureau, U. S. Department of Labor, Washington.

Minors in Hazardous Occupations.

The war-production program has increased industrial accidents as well as exposures to industrial poisons. Fatigue caused by long hours, constant attention, and the rapid pace of production, predisposes workers to both disease and accident. For these reasons special attention has been given by the Children's Bureau of the U. S. Department of Labor to measures to protect young workers in the present emergency.

In pursuance of the power given by the Fair Labor Standards Act, and after investigation and a public hearing, an order was issued by the Chief of the Bureau establishing in effect a minimum age of 18 for employment in occupations involving exposure to radioactive substances. The Bureau is also developing standards as to types of employment suitable for young workers of 16 and 17 in war industries and promoting their voluntary observance by employers. These advisory standards give information on the hazards of the occupations to which they relate, suggest the types of work in which 16- and 17-year-old persons may be employed with comparative safety, and point out the types of work from which they should be excluded. Standards have already been issued dealing with shipbuilding, lead and lead-using industries, welding occupations, and employments involving exposure to chlorinated solvents and to carbon disulphide. Additional standards will be issued from time to time covering occupations and industries in which young workers are likely to be employed in increasing numbers.

Child Labor in Great Britain.

Hours of employment for young persons between 14 and 18 years of age are regulated by the Factories Act of 1937 and Emergency Orders issued thereunder by the Ministry of Labour and National Service.* The basic standard is a maximum 9-hour day and 44-hour week for children 14 and 15 years of age, and a 9-hour day and 48-hour week for boys and girls 16 and 17 years of age and all women, with certain provisions for overtime work. The Emergency Exemptions permitted by the Act have inevitably been invoked during this war period.

* Before the establishment of the Ministry of Labour and National Service, Emergency Orders were issued by the Secretary of State. These orders apply to building operations or works of engineering construction undertaken by or on behalf of the Crown, factories belonging to the Crown and all work in any factories done on behalf of the Crown. Order No. 59 of the Defense (General Regulations) Act also permits modifications of legislative restrictions.

Under the General Emergency Order for Engineering and Certain other Classes of Works, which covered the requirements of the majority of factories in which emergency modifications of the Factories Act were needed,* establishments may obtain special permission to employ young persons between 16 and 18 years of age and women up to 60 hrs. a week and children 14 and 15 up to 48 hrs. a week. The number of permissions under this order in the early part of 1942 showed an increase on the figures for 1940, being 9,129 as compared with 5,493. This increase appears to be largely due to the wider spreading of war work and to the gradual substitution of women and young persons for men in industry. In 434 of these permissions a system of three shifts was allowed and in 532 a system of two day shifts between the hours of 6 a.m. and 10 p.m. was allowed. In the remaining 8,163 permissions, extensions or rearrangements of the day work hours or a system of two day and night shifts was allowed.

* General Emergency Order of May 31, 1941, extended until further notice by General Emergency Order of Apr. 28, 1942.

Information obtained by the chief inspector of factories from approximately 10,000 factories that had such emergency permissions indicated that early in 1942 the permitted hours in the majority of cases were not more than 55, and the tendency since that time has been toward shorter hours. However, in some factories, women or young persons were employed for 60 or nearly 60 hrs. a week.

An order of Jan. 23, 1942,* authorized district inspectors of factories to permit in all types of factories the extension of hours of work for young persons between 16 and 18 and women above the statutory limit, but not to exceed 55 hrs. a week. Not more than 10½ hrs. may be worked on any week day, and Saturday hours are limited to 5 or such greater number, not to exceed 8, as may be specially sanctioned by the district inspector. For children under 16, the district inspector may permit lengthening of the statutory 44-hr. work week but not above 48 hrs.

* Hours of Day Work in Factories (Women and Young Persons) Order of Jan. 23, 1942.

The large increase in the factory population and in the number of inexperienced workers in the munitions factories has caused a general rise in industrial accidents. In 1941, accidents to boys under 18 increased 21 percent as compared with 1938 and accidents to girls under 18 increased 24 percent.

The employment of children in agriculture under the Children and Young Persons Act of 1933, is prohibited under the age of 12, and the work of children on school days is limited to 2 hrs. after school. Before the war, under power given by the Act, many local school authorities had raised this minimum age to 13. Regulation of hours of employment on holidays varied from 4 hours a day and 24 hours a week to 6, 7, or 8 hrs. a day. These provisions were modified by an order in council dated Apr. 30, 1942, permitting school authorities to exempt from school attendance children of 12 and over, under certain safeguards, to help with urgent agricultural work if other labor is not available. Absences are limited to 10 full or 20 half school days a year, with maximum working hours of 7 hrs. on full days, 4 hrs. when a half day is spent in school, and with a break of at least one hour after not more than 4 hrs. of work. No further exemptions may be granted except upon permission of His Majesty's inspectors.

Child Labor in Other Countries.

Very little information can be obtained on child-labor conditions in countries other than the United States and Great Britain. Such information as is available emphasizes acute shortages of manpower and need for greater production, both of munitions and of agricultural products. The fact that practically no publicity has been given to special safeguards for young workers is probably significant of the extreme pressures that have drawn upon both young and adult workers.

In Germany, according to a report carried by American newspapers, in the summer of 1942 children 10 years of age and over would be sent in platoons to camps in farm areas, to be put to work as hired farm hands. In April 1942, the Government of the Soviet Union ordered the employment of children 12 to 16 years of age belonging to families of collective farmers for at least 50 full days a year. As a part of a general mobilization for farm work, the employment of children 14 to 18 years of age on farm work in the care of teachers during the spring and summer vacations of 1942 was also ordered. The working day was to be limited to between 6 and 8 hours.