This article first appeared in the St. Louis Beacon, Feb. 15, 2011 - State Sen. Jane Cunningham says her quest to change Missouri's child labor laws is driven by her belief that the current restrictions are "implying that government can make a better decision than a parent."
But Cunningham, R-Chesterfield, takes exception to critics who contend that her proposed changes, contained in SB 222, would put children younger than 16 in danger.
Cunningham cites a series of provisions in her bill that bar children younger than 16 from working in certain professions or workplaces deemed dangerous, such as mines, quarries, stone-cutting or plants manufacturing explosives.
"My aim is to put back some common sense,'' Cunningham said in an interview Monday. "We're not doing students any favor by telling them, 'You cannot work.' "
As it stands, current Missouri law bars regular employment of children younger than 14 -- except in specific professions such as acting -- and imposes strict restrictions on employed children age 14 and 15, including the hours they are allowed to work. Children age 14 and 15 must obtain signed permits from the school they attend.
Cunningham said that she believes it's improper to saddle schools with the responsibility of deciding whether a child younger than 16 should be allowed to work. She also contends that many parents and their children already are violating the state's current labor laws, which she says are "so over the top'' and prevent parents from "teaching a work ethic to their children."
She cited her own two sons, who she said raised their own money as young teens so that each could buy a car when he turned 16. Now adults, both valued the work ethic they learned, she said.
But Cunninghan's bill already is generating heavy criticism, particularly from labor unions and allied groups.
The critics point to the bill's official summary:
"This act modifies the child labor laws. It eliminates the prohibition on employment of children under age 14. Restrictions on the number of hours and restrictions on when a child may work during the day are also removed. It also repeals the requirement that a child aged 14 or 15 obtain a work certificate or work permit in order to be employed. Children under 16 will also be allowed to work in any capacity in a motel, resort or hotel where sleeping accommodations are furnished. It also removes the authority of the director of the Division of Labor Standards to inspect employers who employ children and to require them to keep certain records for children they employ. It also repeals the presumption that the presence of a child in a workplace is evidence of employment."
Cunningham's objections extend to the current law's requirement that children 14 or 15 work no more than three hours a day on school days, no more than eight hours on a non-school day, and that they cannot work before 7 a.m. or after 9 p.m.
"The hour restrictions are so tight,'' she said. "There are many jobs where you can work after 9 p.m.,'' such as restaurants.
She also objects to allowing the state's director of Labor Standards to walk into businesses to check on their employment of children.
Cunningham said that her quest to change the state's labor laws is shared by state Sen. Tim Green, D-Spanish Lake and a union electrician. The two agreed last year on a change in state law so that a child 14 or 15 didn't have to obtain the work permit from their local public school, even if the child attended a private school.
Cunningham noted that the House version of last year's child-labor law change was sponsored by state Rep. Jamilah Nasheed, D-St. Louis.
But Green said in an interview that he disagrees with Cunningham's approach this session. He is sponsoring a separate bill that Green said would allow 15-year-olds to work without a permit from their school, if they have their parent's approval.
"I'm talking about a kid working a summer job,'' Green said. "I'm not repealing child labor laws."
