Yes, they are trying to roll back the 20th century.
-By Joshua Holland
April 23, 2011- The fact that we're debating the social benefits of child labor laws in the second decade of the 21st century casts the madness that's gripped our right-wing in sharp relief. It took a hard-fought, century-long battle to get compliant kids working for slave-wages out of American workplaces, and that battle was supposedly won 73 years ago during the New Deal.
But according to Ian Milhiser, Supreme Court Justice Clarence Thomas has “called for a return to a discredited theory of the Constitution that early twentieth century justices used to declare federal child labor laws unconstitutional” in three separate decisions. In January, Senator Mike Lee, R-Utah, said that children's employment was a states' rights issue, and their regulation by the federal government is unconstitutional. Milhiser noted that “many GOP elected officials have embraced rhetoric suggesting” that they agree, but have stopped short of coming out and saying as much.
The National Employment Law Project (NELP) announced this week that it is diverting attention from its primary task of advocating for the 14 million Americans without jobs to run ads in Maine against two measures that would significantly undermine the state's limits on child labor. A NELP spokesperson told AlterNet that the organization is spending “significant resources” to run the ads on local CNN and Fox affiliates in an effort to educate Mainers about what their new Tea Party-endorsed governor and his GOP-controlled legislature are trying to enact.
The state senate is considering two bills that would weaken existing workplace protections for minors. L.D. 1346 would allow employers to pay anyone under 20 a six-month “training wage” that falls more than $2 per hour below the minimum wage, eliminate rules establishing a maximum number of hours kids 16 and over can work during school days, allow those under 16 to work up to four hours per school day, allow home-schooled kids to work during school hours and eliminate any limit on how many hours kids of any age can work in agriculture (with a signature from their parents or legal guardians). L.D. 516 would allow teens to work longer hours and later into the night than is allowed under current law.
The bills appear to be headed for easy passage in the state senate, but may face some resistance in the lower chamber. While it's controlled by the GOP, several members have broken with leadership on this issue to side with Maine Democrats.