Labor & Employment Law Daily Wrap Up, REPORTS—WHD encounters resource constraints in enforcing child labor laws, (Oct 6, 2025)

By Patricia K. Ruiz, J.D.

Between 2019 and 2023, the number of child labor law violations has doubled, the WHD reported.

A report by the Department of Labor (DOL) Office of Inspector General (OIG) sheds light on activities undertaken by the Wage and Hour Division (WHD) to investigate violations of, and enforce, child labor laws. The report found that, as numbers of minors employed in violation of child labor laws dramatically increases, WHD has encountered resource constraints, communication barriers, and inconsistent state and federal child labor laws have hindered efforts at enforcement.

OIG review. According to the OIG, between 2019 and 2023, WHD investigations identified an 88 percent increase in the numbers of minors employed in violation of child labor laws. During the same period, WHD investigations revealed a 103 percent increase in the number of child labor law violations. The OIG conducted its review to determine how the WHD has addressed challenges in enforcing child labor laws.

The OIG reviewed WHD actions from fiscal years (FYs) 2019 to 2023 to curtail violations of child labor laws, including enforcement and outreach efforts. It reviewed laws, policies, procedures, news articles, and information within the WHD’s Wage and Hour Investigative Support and Reporting Database (WHISARD). It interviewed national and regional WHD officials and staff responsible for investigations and enforcement of child labor laws to determine: (1) challenges encountered enforcing child labor laws; (2) efforts to address these challenges; (3) best practices; and (4) suggestions for improving enforcement of these laws. The OIG focused on identifying WHD efforts to curtail child labor law violations.

WHD activities. The OIG determined that WHD is leveraging its limited resources to enforce child labor laws through a multi-faceted approach using available tools and resources, including sharing information with federal, state, and local entities through its strategic enforcement initiative, which uses data-driven, worker-focused strategies to initiate investigations where child labor law violations are most likely to occur. WHD also created the Interagency Task Force to Combat Child Labor Exploitation, which established a government-wide strategy to enhance federal efforts to protect children from exploitation in the workplace. Further, the Departments of Labor and Justice partnered with the Legal Orientation Program for Custodians of Unaccompanied Children to educate custodians of unaccompanied children on federal child labor laws and protections.

WHD has also partnered with local stakeholders, community groups, external entities, state associations, and federal agencies to strengthen outreach efforts and information exchange. Finally, WHD has targeted its resources toward child labor investigations and has been holding companies accountable for violating the law through the use of monetary penalties and other mechanisms, including enforcement of the “hot goods” provision of the Fair Labor Standards Act, under which it may seek a court order to prevent the interstate shipment of goods that: (1) were produced in violation of the minimum wage or overtime provisions for the FLSA; or (2) were produced in an establishment in or about which oppressive child labor occurred.

Challenges. WHD encountered several challenges in enforcing child labor laws. First, resource constraints—such as insufficient investigative staff, an aging workforce, and insufficient financial resources—affected the ability to investigate violations and hold violators accountable for exploiting working minors. Second, the OIG learned that communication barriers, including language barriers and fear of retaliation, between WHD investigators and employees of businesses under investigation have hindered the ability of WHD to enforce child labor laws. Third, differences in state and federal child labor laws have created confusion among employers about their responsibilities. Finally, the OIG noted concern with the handling of instances of possible labor trafficking of minors when encountered by WHD investigators in the field.

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