What West Virginia’s new child labor law tells us about a growing trend and a forgotten history.
📜 Introduction
In April 2025, West Virginia passed a law eliminating work permit requirements for 14- and 15-year-olds and opening hazardous occupations to older teens. It’s a policy shift that echoes a much darker chapter of American history—one most of us thought was long behind us.
As I read the news, I couldn’t help but recall Lewis Hine’s haunting photos of the “Breaker Boys”—children as young as eight sorting coal in dangerous conditions. Their faces were the face of American industry at its most exploitative. Their plight helped spark the labor reforms we now take for granted.
But are those reforms at risk of unraveling?
🕰 A Brief History of Child Labor in America
At the turn of the 20th century, over two million American children worked long hours in factories, coal mines, and fields. Some were as young as five. The wages were low, the conditions dangerous, and the toll—educational, emotional, and physical—immeasurable.
Most of these children came from poor or immigrant families. Factory and mine owners favored child labor because it was cheap, compliant, and expendable.
⚖️ Early Reforms and Legal Battles
The reform movement gained traction in the early 1900s thanks to activists, labor unions, and journalists. The National Child Labor Committee, founded in 1904, worked with photographers like Lewis Hine to expose the brutality of child labor to the American public.
Attempts to legislate federally met fierce resistance. The Keating-Owen Act (1916) was struck down by the Supreme Court in Hammer v. Dagenhart (1918), and a second effort was defeated in 1923. It wasn’t until the Fair Labor Standards Act (FLSA) of 1938 that the federal government established real guardrails:
- Prohibited employment under 16 in manufacturing/mining
- Banned hazardous work under 18
- Limited working hours for minors
- Authorized federal inspections
The FLSA marked the beginning of consistent national protections for working children.
🎓 Child Labor and Education: A Damaging Tradeoff
There’s a well-documented tradeoff between child labor and education:
- Working children attend school less, perform worse, and are more likely to drop out.
- Child labor perpetuates intergenerational poverty.
- Education access is key to breaking this cycle—but only if children aren’t too exhausted or endangered to learn.
Even today, agricultural labor laws allow children as young as 12 to work long hours, especially among migrant families. These children have some of the country’s highest school dropout rates.
📉 Modern Rollbacks: A Disturbing Trend
Since 2021, over a dozen U.S. states have proposed or passed laws rolling back child labor protections, often citing labor shortages or “career readiness”:
- Arkansas (2023): Removed permit and parental consent requirements for 14- and 15-year-olds.
- Iowa: Now allows minors in meatpacking and industrial work, with waivers.
- Kentucky: Loosened hour limits during the school year.
- Other states: Missouri, New Jersey, New Hampshire, and others are following suit.
Critics warn that these laws open the door to exploitation, especially in lower-income communities.
🧠 Why It Matters
The repeal of child labor protections isn’t just a policy dispute—it’s a moral referendum. If child labor laws are weakened, the most vulnerable children will bear the cost, just as they did a century ago.
The lesson from history is simple: when economic hardship or political expediency trumps child welfare, it’s children who are put at risk.
📣 Final Thoughts
Public memory is short. But the bodies of exhausted child laborers buried in unknown graves and the broken educational paths of working teens are silent witnesses to the past—and a warning for the future.
If we claim to value children’s futures, our policies must reflect that—not just in schools, but in the workplace.
🔗 Sources and Suggested Further Reading
- U.S. Department of Labor: Child Labor Provisions
- National Child Labor Committee Archives
- Keating-Owen Act Summary – OurDocuments.gov
From Breaker Boys to Burger Flippers: The Resurgence of Child Labor in America
By John Turley
On May 25, 2025
In Commentary, History, Politics
What West Virginia’s new child labor law tells us about a growing trend and a forgotten history.
📜 Introduction
In April 2025, West Virginia passed a law eliminating work permit requirements for 14- and 15-year-olds and opening hazardous occupations to older teens. It’s a policy shift that echoes a much darker chapter of American history—one most of us thought was long behind us.
As I read the news, I couldn’t help but recall Lewis Hine’s haunting photos of the “Breaker Boys”—children as young as eight sorting coal in dangerous conditions. Their faces were the face of American industry at its most exploitative. Their plight helped spark the labor reforms we now take for granted.
But are those reforms at risk of unraveling?
🕰 A Brief History of Child Labor in America
At the turn of the 20th century, over two million American children worked long hours in factories, coal mines, and fields. Some were as young as five. The wages were low, the conditions dangerous, and the toll—educational, emotional, and physical—immeasurable.
Most of these children came from poor or immigrant families. Factory and mine owners favored child labor because it was cheap, compliant, and expendable.
⚖️ Early Reforms and Legal Battles
The reform movement gained traction in the early 1900s thanks to activists, labor unions, and journalists. The National Child Labor Committee, founded in 1904, worked with photographers like Lewis Hine to expose the brutality of child labor to the American public.
Attempts to legislate federally met fierce resistance. The Keating-Owen Act (1916) was struck down by the Supreme Court in Hammer v. Dagenhart (1918), and a second effort was defeated in 1923. It wasn’t until the Fair Labor Standards Act (FLSA) of 1938 that the federal government established real guardrails:
The FLSA marked the beginning of consistent national protections for working children.
🎓 Child Labor and Education: A Damaging Tradeoff
There’s a well-documented tradeoff between child labor and education:
Even today, agricultural labor laws allow children as young as 12 to work long hours, especially among migrant families. These children have some of the country’s highest school dropout rates.
📉 Modern Rollbacks: A Disturbing Trend
Since 2021, over a dozen U.S. states have proposed or passed laws rolling back child labor protections, often citing labor shortages or “career readiness”:
Critics warn that these laws open the door to exploitation, especially in lower-income communities.
🧠 Why It Matters
The repeal of child labor protections isn’t just a policy dispute—it’s a moral referendum. If child labor laws are weakened, the most vulnerable children will bear the cost, just as they did a century ago.
The lesson from history is simple: when economic hardship or political expediency trumps child welfare, it’s children who are put at risk.
📣 Final Thoughts
Public memory is short. But the bodies of exhausted child laborers buried in unknown graves and the broken educational paths of working teens are silent witnesses to the past—and a warning for the future.
If we claim to value children’s futures, our policies must reflect that—not just in schools, but in the workplace.
🔗 Sources and Suggested Further Reading