Rep. Chaney says employment of minors bill aligns Florida with federal child labor laws

Published Sep. 21, 2023, 10:30 a.m. ET | Updated Sep. 21, 2023

Florida Rep. Linda Chaney, R-St. Pete Beach. (Photo/Florida House of Representatives)
Florida Rep. Linda Chaney, R-St. Pete Beach. (Photo/Florida House of Representatives)

TALLAHASSEE, Fla. – Rep. Linda Chaney, R-St. Pete Beach, is responding after Democrats took to social media to criticize her newly filed legislation regarding the employment of minors ahead of the 2024 Legislative Session.

The bill, HB 49, removes certain employment restrictions for minors 16 and 17 years of age, revises age at which employment restrictions apply, and prohibits counties and municipalities from adopting or enforcing certain ordinances that are more stringent than state law.

Chaney told Florida’s Voice “this bill aligns Florida with the federal child labor laws and other states.”

Rep. Anna Eskamani, D-Orlando, said “Florida now joins other conservative states in attempting to gut child labor laws. This bill would allow minors to work full time and over night. Whatever happened to “let kids be kids?”

Former Rep. Carlos Smith, D-Orlando, said “You thought Florida’s 2023 legislation was bad, just wait until Republicans REPEAL child labor laws in 2024.”

Additionally, Chaney said she reached out to Eskamani and Smith to talk about the bill, and did not hear back. Florida’s Voice reached out to Eskamani and Smith Wednesday afternoon and did not receive a response.

“I’m really disappointed that they took a political path, rather than working for what’s in the best interest of Floridians by reaching out to me and working with me to make this is the best bill that it can be,” Chaney said.

“So as I know, you’re aware, that’s what this process is – is through discussion. We just had our first committee week, last week, and you know, within an hour of filing this bill, they’re blasting misinformation on Twitter rather than coming to me having a factual discussion,” Chaney said.

Chaney said she has worked with both sides of the aisle ever since she was elected and is “always open to input.”

The representative said she is “always looking to create opportunities in the workforce for small businesses and this is an opportunity for young people to be able to access whatever resources they need in this tough economy.”

“This is a choice for young people and their families, so nobody’s being forced to do anything. It’s simply a choice. And I believe that the opportunity that it creates is actually good for young people, good for families, especially given this really tough economy we’re in,” Chaney said.

In general, Chaney said she likes to see government “getting out of people’s way,” and “empowering people to be successful on their own rather than depending on the government to solve their problems.”

“This bill does that,” Chaney said.

The bill says minors 16 and 17 years of age may be employed, permitted, or suffered to work the same number of hours as a person who is 18 years of age or older.

Federal law states: “If you are 16 or 17 years old, you can be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor.”

The legislation says minors 15 years of age or younger may not be employed, permitted, or suffered to work before 7 a.m. or after 7 p.m. when school is scheduled the following day or for more than 15 hours in any one week. The word “may” would be changed from the word “shall.”

The word “may,” which is a permissive choice to act or not, was previously “shall,” which means “mandatory” in both of the above lines.

Additionally, on any school day, minors 15 years of age or younger who are not enrolled in a career education program may not be gainfully employed for more than 3 hours, unless there is no session of school the following day.

The bill says minors 15 years of age or younger may not be employed, permitted, or suffered to work in any gainful occupation for more than six consecutive days in any one week. The current age in Florida is 17. Lawmakers changed the word “shall” to “may.”

The legislation says minors 15 years of age or younger may not be employed, permitted, or suffered to work before 7 a.m. or after 7 p.m. when school is scheduled the following day or for more than 15 hours in any one week.

Federal law states 14 or 15 years old may not work before 7:00 a.m. or after 7:00 p.m. on any day, except from June 1 through Labor Day, when nighttime work hours are extended to 9:00 p.m.

The legislation plans to remove the following from current law:

“Minors 16 and 17 years of age shall not be employed, permitted, or suffered to work before 6:30 a.m. or after 11:00 p.m. or for more than 8 hours in any one day when school is scheduled the following day. When school is in session, minors 16 and 17 years of age shall not work more than 30 hours in any one week. On any school day, minors 16 and 17 years of age who are not enrolled in a career education program shall not be gainfully employed during school hours.”

To read the full bill text, click here.

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