Trump administration child labor enforcement shifts toward employer-led compliance

The Trump administration’s Department of Labor (DOL) has adopted a markedly different posture on child labor enforcement compared to its predecessor—favoring employer engagement, state flexibility, and targeted enforcement over broad regulatory expansion. While child labor violations remain a national concern and particular focus for the DOL, particularly in high-risk sectors such as agriculture, food processing, and manufacturing, the current administration has reframed its strategy around voluntary compliance and industry best practices.

From aggressive oversight to strategic intervention

Under the Biden administration, the DOL pursued aggressive enforcement of child labor violations, expanding investigations, increasing civil penalties, and proposing new rulemaking to strengthen recordkeeping and joint employer liability. The Wage and Hour Division (WHD) prioritized systemic audits and high-profile enforcement actions, often in coordination with state labor agencies and the Department of Justice.

By contrast, the Trump administration has rolled out employer-led self-audits and guidance. Employers that proactively identify and correct violations may avoid civil penalties altogether, provided they cooperate with WHD and implement remedial measures. The shift reflects a broader deregulatory pattern across the administration—one that seeks to reduce perceived burdens on businesses while preserving core protections for minors in the workforce.

This won’t preclude WHD, however, from pursuing “repeat” violators of child labor laws, reserving formal investigations and penalties for egregious cases.

As a recent example of this, the DOL secured a consent judgment against Mar-Jac Poultry AL LLC following a federal investigation that uncovered extensive violations of child labor provisions under the Fair Labor Standards Act (FLSA). The Alabama-based poultry processor was found to have illegally employed minors—some as young as 13—in hazardous roles including forklift operation, poultry evisceration, and working on the kill floor. Additional violations included employing 14- and 15-year-olds in hazardous occupations and scheduling them for overnight shifts beyond legally permitted hours.

As part of the settlement, Mar-Jac will pay $385,000 in civil money penalties. The consent judgment also imposes sweeping compliance obligations on Mar-Jac. These include prohibiting employment of children under 14, restricting minors from hazardous tasks, mandating in-person onboarding with shift managers, and requiring clear signage and equipment labeling. The company must also retain a third-party compliance specialist for three years, conduct quarterly training, and allow warrantless facility inspections.

The consent judgment follows a prior 2023 DOL investigation of Mar-Jac where a 16-year-old worker was fatally caught in a machine while cleaning it. This led to $150,000 in penalties. The DOL emphasized its commitment to protecting young workers and reiterated its zero-tolerance stance toward repeat violators.

Legislative and executive signals

In November 2024, the Senate HELP Committee’s minority staff, led by then-Ranking Member (now Chair) Senator Bill Cassidy, issued a report outlining best practices for preventing unlawful child labor under the FLSA. Rather than recommending new statutory mandates, the report highlighted employer-driven strategies such as age verification, subcontractor oversight, and internal compliance protocols.

President Trump hasn’t issued a dedicated Executive Order on child labor, but his broader workforce agenda—focused on deregulation, apprenticeship expansion, and state autonomy—has shaped agency priorities. The DOL has quietly rolled back several proposed rulemakings initiated under the prior administration and has declined to challenge state laws that relax youth employment restrictions.

State-level divergence and legal risk

Several states—including Arkansas, Iowa, and Ohio—have enacted legislation loosening child labor restrictions, expanding permissible work hours, and reducing age verification requirements.

The Trump administration has largely taken a hands-off approach, citing federalism and the need for local flexibility. This has created a fragmented compliance landscape for employers operating across multiple states. Employers must remain vigilant, particularly in states with stricter standards or active enforcement regimes.

Conclusion

The Trump administration’s approach to child labor reflects a pivot from expansive federal oversight to targeted enforcement and employer-led compliance. While this may reduce regulatory friction, it also places greater responsibility on employers to proactively manage risk, ensure legal compliance, and navigate a complex patchwork of state and federal standards.

The Federal Employment Law Insider (FELI) is written by David S. Fortney, H. Juanita Beecher, and Burton J. Fishman of Fortney & Scott, LLC.